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BUI Helping Good People Through Difficult Situations

BUI Lawyer in St. Petersburg

Former Pinellas County Prosecutor. Hands-On BUI Defense.

A boating under the influence charge in St. Petersburg can carry consequences as serious as any DUI. I’m Donald J. Kilfin. Before I spent over seventeen years defending people in criminal courts, I spent six of those years as a Pinellas County state prosecutor. That time on the other side of the courtroom shaped how I evaluate evidence, identify weaknesses, and build a defense from day one. At The Kilfin Law Firm, P.C., I personally handle every aspect of your case, from the first conversation through any court proceedings, and I don’t take on more cases than I can give that kind of attention.

I serve clients in St. Petersburg, Clearwater, Tampa, and throughout the surrounding area.

If you’re facing a boating under the influence charge, the time to act is now. Call me directly at (888) 258-8049 to discuss your case.

What Florida Law Says About BUI

Under Florida Statute 327.35, it’s unlawful to operate a vessel on Florida waters while your normal faculties are impaired by alcohol or drugs, or with a blood or breath alcohol level of 0.08% or higher. Florida’s definition of a “vessel” is intentionally broad, covering motorboats, jet skis, personal watercraft, sailboats, pontoons, and certain non-motorized craft.

One point that surprises many people: you can be charged with BUI even if your boat is anchored or docked. Florida applies an “actual physical control” standard, similar to how DUI law works on the road. Enforcement comes from multiple agencies, including the Florida Fish and Wildlife Conservation Commission, the U.S. Coast Guard, and local marine patrol units.

BUI Penalties in Florida

The criminal consequences of a boating under the influence conviction aren’t minor. A first offense is typically a misdemeanor, punishable by up to six months in jail and a fine. Penalties increase significantly when the breath or blood alcohol level is 0.15% or higher, or when a minor was on board. A third conviction within 10 years can be charged as a felony.

Florida law also requires that anyone who pleads guilty or no contest to BUI be adjudicated guilty and placed on monthly-reporting probation. There is no withholding of adjudication available.

Two significant legislative changes took effect July 1, 2025:

  • The Boater Freedom Act (Senate Bill 1388): Officers may no longer stop or board a vessel solely to conduct a routine safety or sanitation equipment inspection. Probable cause of a violation is required, which affects how many BUI stops originate.
  • Lucy’s Law (House Bill 289): Increased penalties for boating safety violations, including a mandatory minimum four-year prison sentence for a BUI manslaughter conviction.

How I Defend Boating Under the Influence Cases in St. Petersburg

My approach is to frontload the work: identify the issues in your case early, rather than waiting for the prosecution to move first. My six years prosecuting cases in Pinellas County taught me what the state looks for and where those arguments are most vulnerable.

Challenging the Legality of the Stop

Because BUI stops often begin as safety or equipment checks, the legality of the initial stop is frequently a central question. Under the Boater Freedom Act, a stop that didn’t meet the probable-cause standard may be challengeable, and evidence obtained from an unlawful stop may be suppressible.

Questioning Testing & Observation Conditions

Field sobriety exercises conducted on a rocking deck, in direct sun and wind, are harder to perform and harder to evaluate fairly. Conditions the environment creates can look like signs of impairment on an officer’s report. Breath and blood alcohol testing must also meet the same maintenance, training, and administration requirements as DUI testing to produce admissible results, and failures in that process are a legitimate defense issue.

Connecting Clients with Community Resources

For clients dealing with alcohol-related charges, I connect people with community resources when it makes sense. I serve on the Board of Directors of Empowered to Change, a Pinellas County sober-living nonprofit that provides housing and services to people facing addiction. That connection reflects how I think about this work: the goal is the best possible outcome for you, not just in court.

Talk to a St. Petersburg BUI Attorney Today

I keep my rates affordable because quality legal representation shouldn’t be out of reach. I’m available seven days a week to answer your questions and start building your defense.

Don’t wait to get answers. Call The Kilfin Law Firm, P.C. at (888) 258-8049 to speak with me directly about your boating under the influence charge.

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Why Choose The Kilfin Law Firm, P.C.?

  • Selected for Inclusion in the List of Super Lawyers ® Rising Stars ℠
  • Recognized by the National Trial Lawyers Top 100 Trial Lawyers, 2013-2017
  • NACA - Top 10 Under 40
  • Superb 10/10 Avvo Rating
  • AV Preeminent Rating by Martindale Hubbell for Highest Level of Professional Excellence, 2017
  • Recognized as one of the Top 100 DUI lawyers in Central FL by the NAFDD, 2014-2017
  • Helping Good People Through Difficult Situations

    Put my well-rounded trial experience and skills on your side.

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  • Take Advantage of Client Solutions

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Client Reviews

Real People. Real Reviews.
    "Best of the best!"
    From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!
    - Michelle
    "The light on my families darkest days"
    Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND
    - Jaroy
    "value"
    Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion
    - Teresa
    "Appreciative beyond words"
    Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.
    - Happy client
    "The Best of The Best. As loyal they come"
    Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.
    - James J Mullan
    "Trust & Respect; Donnie is all you Need"
    From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.
    - Richard M
    "A " Stellar Gentleman" that's the only way to describe Donnie Kilfin..."
    "Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.
    - Matthew C,
    "Donnie is the Best!"
    10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.
    - DB

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