Refusal to Submit to Testing – BOAT4015 BUI Defense Attorney in Tampa | FS 327.359
If you were arrested on Florida waterways and refused to submit to a breath, blood, or urine test, you may be facing a serious criminal charge: BOAT4015 – Refusal to Submit to Testing (Vessel) under Florida Statute 327.359. A refusal after a lawful boating under the influence (BUI) stop can lead to first-degree misdemeanor charges, possible jail time, and steep fines—especially if it’s a second refusal.
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What Is BOAT4015 in Hillsborough County?
BOAT4015 is a charge code used by the Clerk of Court, Sheriff, jail, and State Attorney’s Office in Hillsborough County to classify the offense of Refusal to Submit to Testing (Vessel). This occurs when a person operating a boat or vessel is suspected of BUI and refuses to comply with a lawful request for chemical testing under Florida’s Implied Consent laws.
While BOAT4015 is closely related to BUI, it is a standalone criminal offense with its own penalties.
Florida Statute 327.359 – Summary
Under § 327.359, it is unlawful for a person to refuse a lawful request for a chemical or physical test (such as breath, blood, or urine) after a lawful BUI arrest if they have previously refused a test in a similar situation. When this happens, the second or subsequent refusal becomes a first-degree misdemeanor, punishable under Florida Statutes § 775.082 and § 775.083.
Key Requirements for a BOAT4015 Charge:
- Law enforcement had probable cause to believe the operator was impaired.
- The person was lawfully arrested for BUI (§ 327.35).
- They were properly informed of the legal consequences of refusal.
- A prior refusal exists on record.
📘 Full Statute Text: Florida Statute 327.359 – Refusal to Submit to Testing (Vessel)
BOAT4015 Quick Facts Table
| Category | Details |
|---|---|
| Statute | Florida Statute § 327.359 |
| Charge Code | BOAT4015 |
| Offense Level | First-Degree Misdemeanor |
| Jail Time | Up to 1 year |
| Fine | Up to $1,000 |
| Civil Penalty | $500 for initial refusal |
| Enhanced Penalty Trigger | Prior refusal on record |
Penalties for Refusing a BUI Test
Refusing a chemical test in a BUI case leads to serious consequences—especially if you’ve previously refused a DUI or BUI test. Here’s what you’re facing:
Civil Penalty (First Refusal):
- $500 fine
- Evidence admissible in court
- No automatic jail time unless tied to another charge
Criminal Penalty (Second or Subsequent Refusal):
- 1st Degree Misdemeanor
- Up to 12 months in jail
- Up to $1,000 fine
- Vessel impoundment
- Required substance abuse counseling
- Probation
Legal Difference Between BUI and BOAT4015
While BUI (Boating Under the Influence) charges deal with operating a vessel while impaired, BOAT4015 relates strictly to refusing a test after arrest. You can be charged with both if:
- You were impaired and refused to take a chemical test.
- You have a previous refusal on your record from any DUI or BUI case.
These charges often run together, but require distinct defenses.
Video: What to Do After a BUI Arrest
🎥 Video Courtesy of the Marine Aviation Unit
Top 5 Defenses to a BOAT4015 Charge
🔹 No Prior Refusal on Record
You must have a documented prior refusal for § 327.359 to apply.
🔹 Improper Implied Consent Warning
Officers are required to inform you of the consequences of refusal. If they failed to do so, the charge may be dropped.
🔹 Unlawful Stop or Arrest
If the initial stop or arrest lacked probable cause, any subsequent refusal may not be admissible.
🔹 Medical or Mental Condition
A legitimate condition (e.g., confusion, communication impairment) may explain the refusal.
🔹 Involuntary Refusal
If the refusal was not willful—for example, due to misunderstanding or coercion—it can be challenged.
Frequently Asked Questions – BOAT4015 in Florida
Yes. Refusal itself is a crime if you’ve previously refused a test—regardless of your BAC.
Yes. The law allows prior DUI refusals (even on land) to enhance your BUI refusal charge.
Officers must give a specific Implied Consent Warning for the refusal to be legally valid.
No. BOAT4015 is a first-degree misdemeanor, but it’s still a criminal offense with serious consequences.
Absolutely. There are strong defenses to BOAT4015, and an experienced criminal defense attorney can help you assert them.
Why Hire W.F. “Casey” Ebsary Jr.?
Attorney Casey Ebsary is a Florida Bar Board-Certified Criminal Trial Lawyer based in Tampa. With years of experience in both DUI and BUI defense, he understands the unique legal issues involved with Florida’s boating laws.
✅ Former Prosecutor
✅ Experienced in DUI & BUI Defense
✅ Personalized, Aggressive Representation
✅ Free Consultation Available
📞 Call Now – Start Your Defense Today
If you’ve been charged with BOAT4015 – Refusal to Submit to Testing (Vessel) in Tampa or Hillsborough County, time is critical. Protect your rights before your first court date.
🧭 Law Office of W.F. “Casey” Ebsary Jr.
📞 (813) 222-2220
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Original Post from 2016 Updated to 2025
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| BOAT4015 Refusal to Submit to DUI Testing |
What does BOAT4015 stand for in a Hillsborough / Tampa criminal case?
Tampa BUI Quick Facts
- Boating under the influence can include jail time
- Fines up to $500.00 for 1st offenses
- Fines up to $1,000 for 2nd offenses
- Drug and alcohol rehabilitation programs.
- 3rd and 4th convictions can be felony