Southwest Florida and Central Florida are full of boaters, from fishing trips in Naples to lake days near Orlando. Many people do not realize that Florida enforces impaired boating laws much like impaired driving laws. A BUI arrest can happen on a quiet afternoon with no crash and no complaint. Here is what the law says.
The Legal Limits
Under section 327.35, Florida Statutes, it is illegal to operate a vessel when your normal faculties are impaired by alcohol, chemical substances, or controlled substances. It is also illegal to operate a vessel with a blood alcohol level of 0.08 or higher, or a breath alcohol level of 0.08 or higher. As with a DUI, you can be charged based on impairment even if a test result is below 0.08.
Penalties for a First BUI
- A fine of $500 to $1,000, plus an additional $60 assessment.
- Up to 6 months in jail.
- Probation of up to 1 year, with at least 50 hours of community service.
- A court-ordered substance abuse course at your own cost.
- Impoundment or immobilization of the vessel, or a vehicle registered to you, for 10 days.
If the level was 0.15 or higher, or a person under 18 was aboard, a first conviction carries a fine of $1,000 to $2,000 and up to 9 months in jail. A third offense within 10 years can be a third-degree felony.
When Can an Officer Stop and Board Your Boat?
Many boaters believe officers can stop any boat for a safety check. Section 327.56 is more limited than that. An officer may not board a vessel or perform a vessel stop unless the officer has probable cause to believe a violation of chapter 327 has occurred or is occurring. An officer also may not stop or board a vessel for the sole purpose of a safety or marine sanitation equipment inspection, and a safety equipment violation is a secondary offense. Whether a stop was lawful is one of the first things an attorney reviews in a BUI case.
Breath and Urine Tests on the Water
By operating a vessel in Florida, you are considered to have consented to an approved breath test, or a urine test, after a lawful arrest for BUI. An officer must tell you that refusing carries a $500 civil penalty. The refusal can also be used as evidence in court, and a refusal after a prior refusal penalty or suspension can be charged as a first-degree misdemeanor. Because these rules are technical, speak with an attorney as soon as you can.
When a BUI Involves an Accident
If an impaired operator causes property damage or injury to another person, the charge is a first-degree misdemeanor. Serious bodily injury is a third-degree felony. BUI manslaughter is a second-degree felony and carries a mandatory minimum prison sentence of 4 years. The charge becomes a first-degree felony if the operator fails to stay and give aid, or has a qualifying prior conviction. For land-based comparisons, see our article on Trenton’s Law and DUI manslaughter.
Tips for a Safe Day on the Water
- Name a designated skipper before you leave the dock.
- Remember that sun, heat, and wave motion can make alcohol affect you faster.
- Keep life jackets and required equipment on board and ready.
- If you plan to drink, anchor or dock and stay there until you are sober.
Charged With BUI? Talk to Us Today
A BUI charge deserves a careful look at the stop, the testing, and the evidence. Call us for a conversation in English or Spanish. Southwest Florida: (239) 933-9404. Central Florida: (321) 509-0304. See our criminal defense page for more.
This article is for general informational purposes only and is not legal advice. Every case is different. Reading this article or contacting the firm does not create an attorney-client relationship.
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