The state could face the irony of all ironies in the upcoming trial of a man charged with boating under the influence of alcohol.

It may have to argue that a Venice attorney who has been challenging the reliability of breathalyzers for more than four years is right -- the machine is unreliable.

John E. Baad, 55, Sarasota, crashed his boat on the rocks along the Intracoastal Waterway behind Venice High School March 6. The boat overturned. All six people on board escaped serious injury.

"He blew a .067 on the breathalyzer, which is under the .08 limit -- so under the law he was not impaired," said Robert Harrison, Baad's attorney. "If they still claim he was impaired, they are going to have to admit the machine is not reliable, which is what we have been saying all along."

Harrison said several hundred DUI cases in Sarasota and Manatee Counties are presently in a holding pattern until the breathalyzer reliability issues are resolved in court.

Other evidence

Breathalyzer results are not the only evidence law enforcement can introduce in driving under the influence cases -- car or boat.

"They (Venice police) gave the driver (Baad) a field sobriety test," Florida Fish and Wildlife Commission Investigator Andy Polaszek said earlier, "and he did not pass."

Another factor in DUI (or BUI) cases is the officer's observations of the suspect, the suspects behavior and patrol car video camera recordings of the suspect.

Venice police were first on the scene, but FWC has jurisdiction in the case.

The 26-foot Sea Ray boat was badly damaged in the crash.

Under the influence

Driving or boating under the influence, DUI or BUI, means operating a vehicle in an alcohol-impaired condition. At a blood alcohol level of 0.08 percent a person is assumed to be under the influence. In Florida, if your BAL is more than the legal limit, you will be penalized for the offense.

Current penalties include fines ranging from $250 to $1,000, depending on whether the offense is the first one or a repeated one.

DUI may also lead to jail terms for the offender: a minimum of 6 months to a maximum of 30 years if vehicular homicide is involved.

In addition, the vehicle could be confiscated and the operator's license impounded by the authorities. In most convictions, the court orders a mandatory 50-hour community service for the accused.

A DUI can cost as much as $15,000 to defend.

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Once again , the State sets the laws and then creats a noose of their choosing and we are just supposed to accept that the device works to save us somehow.

It is there to convict us no matter what..and then the State sets the fines . It is a huge mob type money scheme.