Expert Defense Prevents Felony BUI Conviction, Jail Time, and Criminal Charges

Navigating Complex BUI Charges: A Case Study

Our client, a member of a local Boat Club, found themselves facing a potentially devastating BUI (Boating Under the Influence) charge. With two prior DUI convictions, the state attorney was initially seeking a 30-day jail sentence followed by 11 months of probation which would include a Continuous Alcohol Monitor (CAM). However, our team’s expertise and strategic approach led to a favorable resolution, preventing a conviction, jail time, probation and a criminal record.

The Challenges

BUI charges in Florida can have severe consequences, especially for individuals with prior offenses. In this case, our client faced the following challenges:

• Felony Prosecution: Due to the prior DUI convictions, the BUI charge could have been elevated to a felony.
• Jail Time: The state attorney’s initial offer included a 30-day jail sentence.
• Criminal Record: A felony conviction would have had a lasting impact on our client’s future opportunities.

Our Approach

Our legal team implemented a comprehensive defense strategy that included:

• Thorough Investigation: We meticulously reviewed the arrest report and identified inconsistencies and procedural errors.
• Mitigation: As we investigated the case, we instructed our client to complete a Boater’s Safety course and complete a substance abuse evaluation.
• Challenging the Evidence: We demonstrated that the investigation was likely unlawful, undermining the prosecution’s case.
• Motion to Suppress: Despite our findings, the state attorney remained adamant due to our client’s prior DUI charges. We filed a motion to suppress, challenging the legality of the investigation.
• Negotiation: Armed with our findings and the motion to suppress, we negotiated with the state attorney to achieve a more favorable outcome.

The Outcome

Our strategic defense led to a successful resolution:

• Dropped Charges: The prosecutor agreed to Nolle Prosequi (drop the charge) related to our client’s refusal to provide a breath sample.
• Reduced Charge: The BUI charge was reduced to careless operation of a vessel, a civil infraction.
• Avoided Jail Time and Probation: Our client avoided jail time, probation, and criminal charges.

The Impact

The resolution of this case had several positive outcomes for our client:

• No Criminal Record: By reducing the charge to a civil infraction, our client avoided a felony conviction.
• Peace of Mind: The favorable outcome provided significant relief and peace of mind for our client.

Conclusion

This case demonstrates the importance of a skilled and experienced legal team when facing BUI charges. Our team’s strategic approach and dedication to our client’s well-being resulted in a favorable outcome, protecting their future and providing peace of mind.

Need legal help with a BUI charge? Contact us today for a free consultation.