Panama City BUI Attorney

BUI cases present defence opportunities that DUI cases often do not:

• Environmental impairment factors — sun, heat, wind, wave motion, engine noise, and seasickness all produce physical symptoms that mimic alcohol impairment: loss of balance, bloodshot eyes, impaired coordination, and slow reactions. These are powerful alternative explanations that Rusty Shepard presents at every BUI hearing.
• No standardised field sobriety tests for boating — the NHTSA standardised FSTs were developed for use on dry land. Water-based sobriety evaluations are not standardised, making the officer’s observations far more subjective and challengeable.
• Lack of probable cause for the stop — FWC officers must have a lawful basis for boarding or stopping a vessel. Not all boarding encounters satisfy the constitutional requirements for probable cause.
• Breath and blood test challenges — the same Intoxilyzer 8000 and blood test challenges applicable to DUI cases apply equally to BUI cases.
• Operator inexperience vs impairment — most people have far less experience operating a boat than a car. Actions that might indicate impairment in a vehicle — difficulty maintaining course, speed variation, erratic operation — are common among sober but inexperienced boaters.