What is the Penalty for Boating Under the Influence in Florida?
March 05, 2025
Boating is a popular pastime in Florida, with its vast coastlines, lakes, and rivers providing ample opportunities for recreation. However, just like driving a car, operating a boat while impaired by alcohol or drugs is a serious offense. Boating Under the Influence (BUI) is strictly enforced in Florida, and those caught violating the law face significant legal consequences.
Understanding the penalties for BUI in Florida is crucial for boaters, as the state has some of the strictest boating laws in the country. Below, we'll break down what constitutes boating under the influence, the penalties involved, and the means by which a criminal defense attorney can assist you if you're facing BUI charges.
What is Boating Under the Influence (BUI)?
Florida law defines Boating Under the Influence (BUI) similarly to Driving Under the Influence (DUI). According to Florida Statutes § 327.35, a person is guilty of BUI if they operate a vessel while:
- Having a blood alcohol concentration (BAC) of 0.08% or higher, or
- Being under the influence of alcohol, drugs, or any controlled substance to the extent that their normal faculties are impaired.
- In actual physical control (APC) of a vessel.
Law enforcement agencies, including the Florida Fish and Wildlife Conservation Commission (FWC), local police, and the U.S. Coast Guard, routinely patrol Florida's waterways to ensure compliance with boating laws. They may stop a vessel if they suspect the operator is impaired.
Penalties for Boating Under the Influence in Florida
The penalties for BUI in Florida depend on the number of prior offenses, BAC level, and whether aggravating factors—such as causing injury or death—are involved.
First Offense BUI
A first-time BUI conviction carries:
- A fine of $500 to $1,000
- Up to six months in jail
- Mandatory 50 hours of community service
- Probation for up to one year
- Boating safety course requirement
Second Offense BUI
If convicted of BUI for the second time, penalties increase to:
- A fine of $1,000 to $2,000
- Up to nine months in jail
- Mandatory impoundment or immobilization of the vessel for 30 days
- If the second offense occurs within five years of the first, a mandatory minimum of 10 days in jail
Third Offense BUI (Felony or Misdemeanor)
A third BUI conviction is classified as a third-degree felony if it occurs within 10 years of a prior conviction. The penalties include:
- A fine of $2,000 to $5,000
- Up to five years in prison
- A mandatory minimum of 30 days in jail
- Felony record, which can affect future employment and other aspects of life
If the third offense occurs more than 10 years after the previous conviction, it is still a misdemeanor but carries severe fines and potential jail time.
Fourth or Subsequent BUI Offense
A fourth or subsequent BUI conviction is automatically a third-degree felony, regardless of how much time has passed. This carries:
- A fine of at least $2,000
- Up to five years in prison
- Permanent felony status
Aggravated BUI: Enhanced Penalties
Certain factors can increase the severity of BUI penalties in Florida. These include:
- BAC of 0.15% or Higher: If the operator's BAC is 0.15% or more, or if a minor is on board, fines double, and jail sentences may be extended.
- BUI Causing Property Damage or Injury: If a boater injures someone or causes property damage while under the influence, they can be charged with a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine.
- BUI Causing Serious Bodily Injury: If a BUI incident results in serious bodily injury, the operator faces a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
- BUI Manslaughter (Causing Death): If a BUI results in the death of another person, it is a second-degree felony, carrying penalties of up to 15 years in prison and a $10,000 fine. If the boater flees the scene, the charge is upgraded to a first-degree felony, with a sentence of up to 30 years in prison.
How Do Law Enforcement Officers Detect BUI?
Law enforcement officers use several methods to determine whether a boater is under the influence, including:
- Observing erratic boat operation
- Field Sobriety Tests (FSTs) conducted on a stable surface (often onshore)
- Breathalyzers or blood tests to measure BAC
- Questioning and physical observations, such as slurred speech, red/bloodshot eyes, or impaired coordination
Boaters do not have the same implied consent laws as drivers in Florida. However, refusing a breath or blood test can result in additional legal consequences, such as fines and presumptions of guilt in court.
How Can a Criminal Defense Attorney Help?
If you have been charged with Boating Under the Influence (BUI) in Florida, hiring an experienced criminal defense attorney can make a significant difference in the outcome of your case. The legal team at Donet, McMillan & Trontz, P.A. has extensive experience defending clients against BUI charges and can help in the following ways:
- Challenging the Arrest: If law enforcement officers stopped your boat without probable cause, your attorney may be able to challenge the legality of the stop and have the charges dismissed.
- Questioning Test Results: Breathalyzer and blood tests can be inaccurate. Attorneys can investigate whether the tests were properly administered and whether the results can be challenged.
- Negotiating Reduced Charges: In some cases, first-time offenders may be able to negotiate plea deals, reducing the charge to a lesser offense with fewer penalties.
- Protecting Your Rights in Court: If your case goes to trial, having an experienced legal team on your side ensures you have a strong defense strategy to fight the charges.
Given the harsh penalties for BUI in Florida, seeking legal representation immediately is crucial to protecting your future.
Conclusion
Boating Under the Influence (BUI) in Florida is a serious offense that carries severe legal consequences, including hefty fines, jail time, and potential felony charges for repeat offenses or aggravated circumstances. Just like DUI laws for motorists, Florida enforces strict penalties for impaired boating to ensure public safety on the water.
If you are facing BUI charges, it is essential to understand your legal options. The attorneys at Donet, McMillan & Trontz, P.A. can provide expert legal defense, ensuring that your rights are protected and exploring every possible avenue for reducing or dismissing the charges against you.
For a confidential consultation, contact Donet, McMillan & Trontz, P.A. today and get the legal representation you need.
