BUI Defense Lawyer in Daytona Beach

Four Decades of DUI-Exclusive Experience. One of Three Board Certified in Florida.

Daytona Beach waterways see active patrol by Florida Fish and Wildlife Conservation Commission officers and local marine units year-round, with enforcement intensifying during peak tourist seasons. For boaters stopped and arrested under Florida Statute 327.35, the charge is distinct from a standard DUI and demands a defense built around the specific science, procedures, and evidentiary vulnerabilities of boating cases.

Whited Law Firm has defended BUI and DUI cases exclusively since 1983. Attorney Flem Whited is a co-founder of the National College for DUI Defense, one of only three Board Certified DUI Defense attorneys in Florida, and a resource that other defense lawyers consult when facing complex impairment cases. The firm is available 24/7, with free consultations offered in person or virtually.

Call (386) 339-0702 today to speak with a BUI defense lawyer in Daytona Beach.

How BUI Differs From DUI Under Florida Law

BUI is governed by Florida Statute 327.35, not the DUI statute that applies to road vehicles. That distinction shapes everything from who can make the stop to how evidence is collected and tested. Understanding those differences matters at every stage of the case.

Enforcement Authority & the Basis for a Stop

FWC officers, the U.S. Coast Guard, and local marine patrol can board and inspect vessels for safety reasons without the probable cause required for a traffic stop. That broader authority means the conditions under which evidence is gathered in a BUI case are fundamentally different from a roadside DUI stop, and those differences create distinct grounds for challenging how that evidence was obtained.

Field Sobriety & Breath Testing on the Water

Field sobriety exercises conducted on a moving or rocking vessel deck are widely recognized as unreliable. Wind, prolonged sun exposure, dehydration, and sea conditions can all affect a person’s performance and, in some cases, the accuracy of a breath sample itself. Breath test equipment calibration is a separate challenge: the same science behind Whited Law Firm’s precedent-setting challenges to breath test machines on Florida roads applies directly to devices used in marine enforcement.

License, Prior Convictions, & Cross-Enhancement

A BUI conviction doesn’t directly suspend or revoke a Florida driver’s license. However, prior BUI convictions count as prior DUI convictions for enhancement purposes in any subsequent DUI case, and prior DUI convictions can increase penalties in a new BUI case. That cross-enhancement makes resolving a BUI charge correctly, not just quickly, a decision with long-term consequences.

Implied Consent on Florida Waterways

Under Florida Statute 327.352, vessel operators are required to submit to breath, blood, or urine testing when requested by a law enforcement officer. A first refusal carries a $500 civil penalty. A subsequent refusal can result in a separate first-degree misdemeanor charge for operators who have previously been fined for refusing testing or who have previously had their driver’s license suspended for a prior test refusal. These consequences are independent of the underlying BUI and factor into how the case is evaluated from the start.