Refusal to Submit to DUI Testing
What does BOAT4015 stand for in a Hillsborough / Tampa criminal case?
BOAT4015 is a charge code used in criminal cases in Hillsborough County, Florida. Refusal to submit to DUI testing while operating a boat or vessel in Florida waters can be a crime under Florida Statute 327.359. The Judge, the Clerk of Court, the Jail, and the DUI Prosecutor will assign a classification to the misdemeanor criminal charge. This charge is separate from the BUI (Boating Under the Influence) charge.
A vessel operator can be jailed for up to one year. The code BOAT4015 is the charge code assigned when someone is arrested for Boating Under the Influence and refuses a chemical test to determine blood alcohol BAC levels. You can review the BUI laws here.
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
What are the Penalties for refusing to submit to a chemical, breath, or blood test in a Florida Boating Under the Influence Case?
327.359 Refusal to submit to testing; penalties.—
Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 327.352, and who has been previously fined for refusal to submit to a lawful test of his or her breath, urine, or blood, and:
(1) Who the arresting law enforcement officer had probable cause to believe was operating or in actual physical control of a vessel in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;
(2) Who was placed under lawful arrest for a violation of s. 327.35 unless such test was requested pursuant to s. 327.352(1)(c);
(3) Who was informed that if he or she refused to submit to such test he or she is subject to a fine of $500;
(4) Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if he or she has been previously fined for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and
(5) Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083.