Boating Under the Influence: What to Know

Boating Under the Influence (BUI) is a serious offense in Florida, governed by strict laws aimed at ensuring the safety of everyone on the state’s waterways. The state’s extensive network of rivers, lakes, and coastal waterways attracts thousands of boaters every day, making regulation of safe boating practices essential.  

This article explains the law of BUI in Florida, the circumstances under which a boat operator can be charged, and the potential penalties. We also discuss the strategies that the most experienced Florida BUI defense lawyers use to effectively defend clients facing charges of boating under the influence of alcohol of drugs. That’s what we do at Stechschulte Nell, Attorneys at Law. Our professional life is committed to defending Floridians facing criminal charges by ensuring their legal rights are protected and by using the law to prevent avoidable and unjust convictions. 

If you are charged with boating under the influence (BUI) in the Tampa – Clearwater area, or anywhere in central Florida, contact our office for a full discussion of your case.  

 

  

 

Understanding BUI in Florida 

Boating Under the Influence is defined under Florida Statutes § 327.35. According to the statute, an individual is guilty of operating a vessel under the influence if they are in actual physical control of a boat and: 

• Their normal faculties are impaired by alcohol or drugs, or 
• They have a blood alcohol concentration (BAC) of 0.08% or higher. 

 

The law applies to all vessels, including motorboats, sailboats, jet skis, and any other watercraft used for transportation on the water. 

There are several ways you can be charged with BUI in Florida: 

Impairment of Normal Faculties The law defining BUI is the same as that applying to DUI, but with a different vehicle. Law enforcement officers can arrest a boater if they have reasonable cause to believe the individual’s normal faculties are impaired due to the influence of alcohol or drugs. Signs of impairment might arguably include erratic operation of the vessel, lack of coordination, slurred speech, and the smell of alcohol. 

BAC of 0.08% or Higher A boater can also be charged if a breathalyzer, blood test, or urine test reveals a BAC of 0.08% or higher. This threshold is the same as for driving under the influence (DUI) on the road. 

Underage Boaters Finally, in Florida, the age at which a person can legally drink alcohol is 21. So for individuals under 21 years old, Florida enforces a zero-tolerance policy. They can be charged with BUI if their BAC is as low as 0.02% or higher. This is the level of a person’s BAC after roughly one drink.  

 

Penalties for BUI in Florida 

The penalties for BUI in Florida depend on several factors, including whether it is a first, second, or subsequent offense and whether any aggravating circumstances are involved, such as accidents causing injury or death. Other aggravating factors that would increase the potential penalty are having a BAC of 0.15 or higher or committing BUI with a minor on board the vessel.  

 

Penalty for First BUI Offense 

For a first-time BUI conviction, the penalties include: 

• Up to 6 months in jail. 

• Fines between $500 and $1,000.  
• Up to 1 year of probation, which may include 50 hours of community service and attendance at a substance abuse course. 
• Mandatory completion of a boating safety course approved by the Florida Fish and Wildlife Conservation Commission (FWC). 
• Impoundment or disabling of the vessel for 10 days. 

 

Penalty for Second BUI Offense Within 5 Years 

A second BUI conviction results in harsher penalties: 

• Up to 9 months in jail. 
• Fines between $1,000 and $2,000. 
• Up to 1 year probation, including 50 community service and substance abuse education. 
• Completion of an FWC-approved boating safety course. 
• Mandatory minimum 10 days in jail, at least 48 hours of which must be served consecutively. 

 

Penalty for Third BUI Offense and Beyond 

For third and subsequent offenses, the penalties increase significantly: 

Third Offense (Within 10 Years) 3rd Degree Felony 

• Up to 5 years in jail, with a mandatory minimum of 30 days  
• Fines between $2,000 and $5,000. 
• Probation of up to 5 years. 
• Impoundment of the vessel for 90 days 
• Mandatory minimum 30 days in jail with at least 48 hours served consecutively. 

 

Third Offense (More Than 10 Years After Prior Offense): 

• Up to 12 months in jail. 
• Fines between $2,000 and $5,000 

 

Aggravating Circumstances 

If an operator’s BUI case involves aggravating circumstances, such as causing property damage, bodily injury, or death, the penalties are even more severe. For example: 

• Property Damage or Minor Injury: First-degree misdemeanor with fines up to $1,000 and up to 1 year in jail. 
• Serious Bodily Injury: Third-degree felony with fines up to $5,000 and up to 5 years in prison. 
• Manslaughter: If the BUI results in a fatality, the charge is BUI manslaughter, a second-degree felony with up to 15 years in prison and fines up to $10,000.. 

 

Effective Defenses for BUI Charges in Florida 

If someone is charged with BUI, hiring an experienced and skilled BUI defense attorney can significantly impact the outcome of the case. Here are some effective defenses Stechschulte Nell, Attorneys at Law could employ to prevent conviction: 

Challenging the Stop 

Just as with traffic stops that result in criminal charges, law enforcement officers must have reasonable suspicion to stop a vessel. If the stop was made without sufficient legal cause, any evidence obtained during the stop could be inadmissible in court. 

Questioning the Field Sobriety Tests 

Field sobriety tests performed on water can be unreliable due to the inherent instability and movement of boats. Experienced BUI attorneys can argue that factors such as weather conditions, the boat’s movement, and the individual’s unfamiliarity with being on water could have affected their performance, leading to a false impression of impairment. This is true despite the fact that on-board field sobriety tests are different than those conducted on dry land. 

Contesting the Chemical Tests 

Chemical tests, such as breathalyzers or blood tests, must be administered following strict protocols. Stechschulte Nell defense lawyers scrutinize whether the tests were conducted properly and whether the equipment was maintained and calibrated correctly. Any procedural errors could result in the test results being deemed unreliable. 

Medical Conditions 

Certain medical conditions can mimic signs of impairment. For instance, conditions like diabetes, neurological disorders, or even fatigue and seasickness can affect an individual’s physical and cognitive functions. If possible, the best BUI defense lawyers present medical evidence to explain the defendant’s behavior that might have been mistaken for impairment. 

Witness Testimony 

Witnesses, such as passengers or other boaters, can provide testimony supporting the defendant’s account of events. They could corroborate that the defendant was not impaired and that their boating was safe and controlled. 

Lack of Probable Cause 

In many cases, the law entitles defense lawyers to argue that the officer lacked probable cause to arrest the defendant. If the officer did not have sufficient evidence to believe that the defendant was under the influence, the arrest would be invalid, and the charges can be dismissed. 

Plea Bargaining 

In some cases, where an outright dismissal or acquittal is unlikely, it may be possible to negotiate a plea bargain to reduce the charges for the most favorable outcome. For example, lawyers known for possessing sharp trial skills often work to have the BUI charge reduced to a reckless boating charge, which carries less severe penalties. The defense lawyer’s prowess in the courtroom motivates prosecutors to negotiate rather than risk losing at trial. 

 

Read More > What is the Difference Between a DUI and a BUI? 

 

Skilled BUI Defense 

If you are facing a BUI charge, don’t hesitate to reach out to our skilled defense lawyers at Stechschulte Nell Law. With years of experience defending DUI and BUI cases, we are ready to defend you.  

Contact us at 813-280-1244 today.