I was stopped while boating recently by the sherrif. Apparantly, the boat club's registration expired. He advised that I would be responsible for the ticket, even though I don't own the boat. Further, I had a few beers, but was NOT driving the boat - someone else was the designated driver. He didn't give a ticket, but I'm wondering: Could there be a DUI issued against me even though I wasn't driving but was the person responsible for the boat?
2 Answers from Attorneys
If you got a BUI, you would know it, so I don't think you have much to worry about. You could only be charged with BUI if you were in control of the boat and it appears the cop realized that. You might have a defense on the registration issue if your friend will tell the court he hadn't taken care of it and he becomes responsible for it.
To sustain a charge of BUI, the government would be required to prove that you were either driving or in actual physical control of the boat within the waterways of Florida at a time when your normal faculties were impaired. As such, if someone else was captaining the boat, you shouldn't be charged with the BUI.
As for the registration offense, I suggest you have your friend update the registration immediately and provide you with proof of its renewal, so that your attorney can present that to the State for their consideration.
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