Florida’s lakes, rivers, and coastlines provide endless recreation opportunities, but one boating mistake can lead to criminal charges that threaten your future. If you have been arrested under Lucy’s Law, which was signed into law by Governor Ron DeSantis in June 2025, you could face harsh penalties for boating under the influence (BUI), reckless operation, or failure to render aid after a crash.
At Alavi & Pozzuto, P.A., our experienced criminal defense attorneys in Ocala and Gainesville know how devastating these charges can be. Whether you face a first-offense misdemeanor or a felony with mandatory prison time, we build aggressive legal defenses rooted in a deep understanding of boating laws, accident investigations, and criminal procedures.
What Is Lucy’s Law in Florida?
Lucy’s law was enacted in memory of 17-year-old Luciana “Lucy” Fernandez, who tragically died in a 2022 boating crash near Miami. This legislation reflects Florida’s efforts to curb preventable boating accidents by increasing penalties and mandating boating safety education for violators.
Key provisions of Lucy’s Law include:
- A mandatory minimum 4-year prison sentence for BUI manslaughter
- Mandatory boating safety education for offenders
- Elevated penalties for reckless boating, including jail time and license suspension
- Stronger enforcement of laws requiring aid to injured parties after an accident
The amended laws are already being enforced statewide, including Ocala, Gainesville, and North Central Florida.
Common Charges Under Lucy’s Law
Whether you are a weekend boater or a seasoned captain, Lucy’s Law increases your criminal exposure on the water.
Common charges we defend include:
- Boating Under the Influence (BUI)
BUI is the maritime equivalent of DUI. If you operate a boat with a blood alcohol content (BAC) of .08% or higher, or while impaired by drugs, you can be charged—even if no one was injured. Penalties increase dramatically if someone is hurt or killed.
A BUI manslaughter conviction under Lucy’s Law carries a mandatory four-year prison sentence, even if this is your first criminal offense. Our criminal lawyers in Ocala, FL, will challenge every aspect of the stop, testing, and arrest.
- Reckless Operation of a Vessel
Speeding, ignoring no-wake zones, weaving through crowded areas, or failing to maintain a lookout can all lead to reckless boating charges. If someone is injured or killed, the offense may be elevated to a felony.
We are a criminal defense law firm with experience reconstructing boating incidents, analyzing visibility conditions, and defending clients against exaggerated or unjust charges.
- Failure to Render Aid
If you are involved in a boat accident, you are legally required to remain on the scene and help injured parties. Leaving the scene—even if you were unaware of the full extent of damage—can result in serious criminal charges.
How Alavi & Pozzuto, P.A. Can Help
With offices in Ocala and Gainesville, Alavi & Pozzuto, P.A. is widely known as a trusted and top-notch criminal defense firm with deep experience in both state and federal criminal defense. When you hire us, we immediately get to work protecting your rights.
Here’s how we build a strong defense for Lucy’s Law cases:
- Challenge the Validity of the BUI Arrest
Was the boat stop lawful? Were field sobriety tests performed on a stable surface? Was there probable cause to test your blood alcohol level? Many boating under the influence arrests involve flawed procedures. Unlike roadside tests, marine field sobriety tests are often conducted on unstable docks or moving boats. We use that to your advantage.
We may also question the accuracy of the breathalyzer or blood tests, particularly if:
- You were tested well after the incident
- The device was not properly calibrated
- The chain of custody was broken
- Dissect the Accident Investigation
In many cases of Lucy’s Law, the investigation is rushed or biased, especially when there is a fatality.
We consult independent accident reconstruction experts to determine:
- The cause of the accident (weather, mechanical failure, or other boats)
- Whether you were operating the vessel
- Whether you had control or knowledge of dangerous conditions
The state must prove beyond a reasonable doubt that your actions were reckless or criminal. Our attorneys hold them to that standard.
- Negotiate Lesser Charges or Alternative Sentencing
If the evidence is strong, we fight for:
- Reduction of charges from a felony to a misdemeanor
- Avoidance of jail or prison through probation, community service, or education
- Access to diversion programs for eligible first-time offenders
We work to humanize you before the court, emphasizing your clean record, remorse, and willingness to learn from the incident.
Why Choose Alavi & Pozzuto, P.A.?
Not all criminal defense firms are equipped to handle Lucy’s Law charges. As a proven criminal defense law firm and legal powerhouse in North Central Florida, we combine:
- Experience in complex boating and accident-related charges
- Decades of experience in state and federal criminal defense cases
- Local knowledge of courts in Marion and Alachua counties
- Results-driven, aggressive trial strategies
Whether you are dealing with a felony charge, a first offense misdemeanor, or you believe you are under investigation, we will protect your rights and fight for the best possible outcome.
Federal Criminal Defense Implications
You could also face federal criminal charges if your boat accident occurred on federal waters, such as navigable rivers, lakes with interstate traffic, or near federal installations.
Attorney Tania Alavi and Attorney Andrew Pozzuto are federal criminal defense lawyers who are qualified to practice in federal court and can defend against charges such as:
- Federal BUI
- Negligent homicide
- Maritime violations under U.S. Coast Guard jurisdiction
Do not assume your boating case is only state-level. If federal agencies are involved, call us immediately.
What To Do If You Have Been Arrested Under Lucy’s Law
Time is critical after a boating-related arrest. Here is what to do:
- Do not answer law enforcement questions without your attorney present.
- Document your version of the incident while it is fresh.
- Save any photographs or videos from the boat or witnesses.
- Call Alavi & Pozzuto, P.A. immediately for a free, confidential consultation.
Your Boat. Your Case. Your Future. Defend it with Alavi & Pozzuto, P.A.
At Alavi & Pozzuto, P.A., we do not just defend cases—we protect futures. Being charged under Lucy’s Law can feel overwhelming, but you are not alone. Our dedicated criminal defense attorneys in Ocala and Gainesville are ready to fight for your rights, freedom, and reputation.
We handle:
- BUI and boating-related charges
- Felony and misdemeanor boating crimes
- Accident investigations and defense
- State and federal criminal defense
Call Alavi & Pozzuto, P.A. at (352) 732-9191 or complete our online form to schedule a confidential consultation with our experienced and proven legal team. We represent clients throughout Marion and Alachua Counties and the surrounding areas.