BUI Laws in Florida

Boating Under the Influence (BUI) is a serious offense in the state of Florida, with serious penalties. Continue reading to learn more.

Florida BUI Laws

Under Florida Statute 327.35, it is illegal for any person to operate a vessel while under the influence of alcoholic beverages, chemical substances, or controlled substances. The term "vessel" includes all watercraft, such as boats, jet skis, and other waterborne vehicles. The law applies not only to navigable waters but also to any waters within the jurisdiction of Florida, including lakes, rivers, and coastal areas.

The Legal Limit

The legal limit in Florida is defined as having a blood alcohol concentration (BAC) level of 0.08% or higher. This BAC limit is consistent with the limit for driving under the influence (DUI) of alcohol on the roads. If a boater's BAC reaches or exceeds 0.08%, they are presumed to be operating the vessel while impaired, and they can be arrested for BUI.

Penalties for BUI in Florida

The penalties for BUI in Florida are severe and can have significant legal and financial consequences. The specific penalties depend on several factors, including the offender's prior criminal history and the severity of the offense. The basic penalties for BUI in Florida are as follows:

First BUI Conviction

Fine: A fine ranging from $500 to $1,000.
Probation: Up to one year of probation.
Imprisonment: Up to six months in jail.
Community Service: Mandatory 50 hours of community service.
Substance Abuse Education: Completion of a substance abuse education course.

Second BUI Conviction

Fine: A fine ranging from $1,000 to $2,000.
Probation: Up to one year of probation.
Imprisonment: A mandatory minimum of 10 days, up to nine months in jail.
Community Service: Mandatory 50 hours of community service.
Ignition Interlock Device: Installation of an ignition interlock device on the vessel at the offender's expense.
Substance Abuse Course: Completion of a substance abuse education course.

Third or Subsequent BUI Conviction:

Felony Charge: The third BUI conviction within ten years or the fourth and subsequent convictions will be charged as a third-degree felony.
Fine: A fine ranging from $2,000 to $5,000.
Probation: Up to five years of probation.
Imprisonment: A mandatory minimum of 30 days, up to five years in prison.
Ignition Interlock Device: Installation of an ignition interlock device on the vessel at the offender's expense.
Substance Abuse Course: Completion of a substance abuse education course.

It is important to note that if the BUI incident results in serious bodily injury or death to another person, the boater can face additional and more severe charges.

Additional Information

Implied Consent: In Florida, there is an "implied consent" law, meaning that by operating a vessel, boaters automatically consent to submit to a chemical test to determine their BAC when lawfully requested by law enforcement.
Boating Safety Education: Florida law requires anyone born on or after January 1, 1988, to complete an approved boating safety education course before operating a vessel with a motor of 10 horsepower or greater.

Conclusion

Boating under the influence is a serious offense in Florida, with strict laws and penalties designed to protect the safety of boaters and others on the water. Boaters should be aware of the legal limit, the potential consequences of BUI convictions, and the importance of boating safety education to ensure a safe and enjoyable boating experience. Always designate a sober operator when enjoying recreational boating activities to prevent accidents and legal trouble.

If you have been accused of a BUI, contact the Law Office of Armando J. Hernandez, P.A.