It can carry the same penalties as a DUI


With the Memorial Day weekend behind us, news reports have carried quite a few stories on Boating Under the Influence (BUI). A number of the news stories cited reports from state wildlife officers with the number of boaters arrested for BUI over the holiday weekend. Several articles contained stories about boaters who were jailed for injuring or killing passengers on their boat while operating under the influence.

For many, a day on the water with a fast boat and a cooler full of drinks go hand in hand --- but handling a boat while under the influence can have tragic results. According to the Florida Fish and Wildlife Conservation Commission, 18 people have been killed on Florida's waterways already this year. There is a long summer ahead and, unfortunately, that number is going to rise.

The US Coast Guard keeps figures on boating incidents nationwide and their latest report listed the boating accident, injury, and fatality figures for 2009. According to their report, operator inattention was the reason for most boating incidents but alcohol was responsible for the most fatalities. Of the top five contributing factors to boating incidents, alcohol use was responsible for 48 percent of the total fatalities.

Several states, including New York, Virginia, and Oklahoma have recently passed laws that toughen the penalties for BUI and bring their BUI laws in line with their Driving Under the Influence (DUI) laws. Most states have set the Blood Alcohol Content (BAC) for BUI at .08, the same level as that for a DUI. For underage boaters who drink, the same zero tolerance laws exist; meaning that a minor who operates a boat can be charged with BUI with a BAC level of as little as .01.

Many state laws require that a boater convicted of BUI lose his or her boating license and they can be suspended from operating a boat for a set period of time. Some states require that a boater convicted of BUI attend a boating safety course before being allowed to operate a boat again.

Other states go even further in treating a BUI the same as a DUI and suspend the boater's driving license as well as their boating privileges. A previous BUI conviction can count the same as a DUI making a later charge of DUI in an automobile a second offense. Some states also have laws requiring that a boater submit to breathalyzer and field sobriety tests; if they refuse, they face suspension of their driver's license. For more information on your state’s BUI laws, visit the Coast Guard website at: http://www.uscgboating.org/state_boating_laws.aspx

Many of the same rules one would use for driving should be applied to boating as well. Never operate a boat when you've been drinking. Use a designated operator if alcohol is going to be a part of your day on the water.

Most of the fatalities from boating incidents are due to drowning when the occupant falls or is thrown overboard. Make sure that you and all your passengers wear a life preserver at all times, even on the dock. There are new "fanny pack" life preservers available now that aren't as bulky as the typical life preserver. Also make sure you have a full fire extinguisher onboard.

You can request a "no harm-no foul" safety inspection from the Coast Guard and most state fish and wildlife agencies. Asking for a free inspection can point out safety deficiencies on your boat, allowing you to get them fixed before you are stopped for a surprise safety inspection on the open water.

Driving Safely on the Water: Summer Boating Safety

Labels: blood alcohol content, boating license, boating safety, bui, bui laws, driving under the influence, suspended license, US Coast Guard

Getting a suspended license usually causes difficulty for people who need to get to and from work in their car. A way for suspended license holders to do so is to get a hardship license, which allows drivers to operate a vehicle while getting their license back. If you fall under any of these categories you may be required to complete a 12-hour Advanced Driver Improvement course:




Suspended License / Revoked License - If your Drivers License has been suspended for 12 points within 12 months you will need to enroll in this course before applying for a hardship license. The DMV will also be sending you a letter requiring you to complete a 12-Hour Advanced Driver Improvement course. This is the most common option.
Habitual Traffic Offender (HTO) - If your Drivers License has been suspended for 18 points within 18 months, you have received a letter from DMV requiring you to take a 12-Hour Advanced Driver Improvement course for HTO.
Court Ordered 12 Hour Traffic School - If your Driver’s License has been suspended and you appeared in Court and the Judge ordered you to take a 12-Hour Advanced Driver Improvement course.

A hardship license only applies for drivers who got a revoked license for points in Florida. There are 2 types of these restricted licenses:

• For Business Purposes Only - This restricted license is granted for a person who shows the need to drive to and from work and to drive as a normal part of his or her job.
• For Work Purposes Only - This restricted license allows the driver to drive to and from work and as a normal part of his or her job only.

Those who aren't qualified to get a hardship license are those who get a suspended license for being incapable of operating a motor vehicle safely, or those with a conviction for a DUI offense.

There are three steps to get apply for a hardship license in Florida:

1. Find an approved Florida 12 hour traffic school course, also called an advanced driver improvement course. Once a student signs up, they will receive a letter of enrollment. NOTE: You will have 90 days to complete the course and provide a completion certificate or your restricted license can be canceled.
2. Go to the Clerk of Court and get a "30 day search" for the Florida driving record. This takes just a few moments and the driver will then receive a letter about their driving record.
3. The driver must present the letter of enrollment from the 12 hour course, and the letter from the Clerk of Court to the DMV with a hearing officer. The driver will still be required to complete the 12 hour course first if they are branded as a "habitual offender." The hardship license will then be processed and mailed once the 12 hour course is completed.

Labels: 12 hour traffic school, adi course, advanced driver improvement course, court ordered traffic school, drivers license, hardship license, restricted license, suspended license

FHP, the Florida Highway Patrol has issued some safety tips when it comes to spring break safety. The focus, as with all spring breaks before it, is to help drivers prevent themselves from driving impaired. The FHP makes it absolutely clear though: they are not against having fun or spring breaks --- they only plead that drivers be sober and safe when on the road.

The Tips:

• Plan ahead. Always designate a sober driver before any drinking begins, or take a taxi or public transportation if you plan to drink alcohol. A taxi or bus ride is much cheaper than a DUI citation.


• Take the keys. Do not let a friend drive impaired.


• Heed the warning labels on prescription medicine bottles because even legal drugs can affect your ability to safely operate a motor vehicle.


• Dial *FHP (*347) on your cell phone to report an impaired driver.

The Consequences:

• Drivers under the age of 21 caught with a blood alcohol level of .02 or higher will have their licenses suspended for a period of 6 months. A second offense results in license suspension for 12 months.


• The first offense for refusing to submit to testing automatically results in a license suspension for a period of 12 months, while a second offense results in an 18-month suspension.

Like most states, Florida only hopes that drivers take care of themselves not only for their own safety, but also for the people around them. Spring break is a great time to be out and about, but what's even better is doing it safely.

Additional Spring Break Pedestrian Safety Tips

Labels: alcohol, blood alcohol level, driver attitude, driver safety tips, drunk driving, dui, FHP, Florida Highway Patrol, suspended license