At Turner O’Connor Kozlowski, PL, we understand that a day out on the water can quickly turn into a legal nightmare if you’re charged with Boating Under the Influence in Florida (BUI). BUI is a serious criminal offense in Florida—just like Driving Under the Influence (DUI)—and it can lead to lasting consequences if not handled properly.
Many people mistakenly believe that being caught operating a boat under the influence isn’t “as bad” as a DUI on the road. That’s simply not true. That belief can lead to life-changing consequences including heavy fines, jail time, and a permanent criminal record. To avoid the legal repercussions that follow, you’ll want to consult an experienced Florida criminal defense lawyer.
Our BUI defense attorneys at TOK will walk you through everything you need to know if you or a loved one is facing BUI charges in Florida. We’re here to help you understand your rights and protect your freedom.
What is Boating Under the Influence (BUI)?
Under Florida Statute § 327.35, Boating Under the Influence occurs when a person operates a vessel while:
- Under the influence of any controlled substance to the degree that their normal faculties are impaired, or
- They have a blood alcohol concentration (BAC) of 0.08% or higher, or
- For operators under 21, a BAC of 0.02% or higher applies under Florida’s zero-tolerance law.
The term “vessel” doesn’t just refer to large boats. The law covers motorboats, jet skis (personal watercraft), sailboats, pontoons, and even some non-motorized craft.
If you are found to be operating any of these while impaired, you can be arrested and charged with boating under the influence in Florida—whether or not you were involved in an accident.
How BUI is Enforced in Florida
In Florida, BUI enforcement is carried out by multiple agencies, including the Florida Fish and Wildlife Conservation Commission (FWC), U.S. Coast Guard, and local marine patrol units.
Here’s something many boaters don’t realize: law enforcement officers do not need probable cause to stop and board your vessel on open water. They’re allowed to perform routine safety inspections and check for registration compliance, flotation devices, and more.
Once on board, if they detect the odor of alcohol, see open containers, or observe signs of impairment, they may begin a BUI investigation. This often includes field sobriety exercises—but keep in mind, these are notoriously unreliable on a moving or unstable surface like a boat.
Officers may also request a breath, blood, or urine test to determine your BAC. Refusing to take a test can carry consequences of its own, such as increased penalties if convicted of boating under the influence in Florida.
Penalties for a BUI Conviction
A first-time offense for boating under the influence in Florida may seem manageable—but even one conviction can cause long-term damage to your life and record.
Penalties include:
- Fines between $500 and $1,000
- Up to 6 months in jail
- Probation and community service
- Mandatory completion of a boater safety course
But the penalties of boating under the influence in Florida can be much worse if aggravating circumstances are present.
These include:
- BAC of 0.15% or higher
- A passenger under 18 years old
- Causing property damage, personal injury, or death
These factors can elevate your charges, turning a misdemeanor into a felony, increasing jail time, fines, and even leading to vessel impoundment.
BUI vs. DUI – Key Differences
While BUI and DUI are very similar in structure and seriousness, there are a few important differences:
- Jurisdiction: DUI is enforced on land by local police and highway patrol. BUI is enforced on waterways by marine officers.
- License Suspension: A BUI conviction does not lead to driver’s license suspension, unlike a DUI.
- Impact on Your Life: While your driver’s license may remain intact, a BUI conviction still creates a criminal record—which can affect your employment, insurance rates, and even professional licensing.
In short, a conviction for boating under the influence in Florida is not something that “stays on the water.” It follows you on land, too.
Common Defenses to BUI Charges
At Turner O’Connor Kozlowski, PL, we evaluate every BUI case with precision. These are some of the most common, and effective, defenses we use:
- Unstable field sobriety tests: Trying to balance or walk a line on a swaying boat deck isn’t a fair measure of sobriety. These tests are inherently flawed in marine settings.
- Improper chemical testing procedures: Breathalyzers and blood tests must be conducted properly and maintained regularly. If protocol isn’t followed, results can be challenged.
- No proof of vessel operation: Just being on a boat doesn’t mean you were driving it. If law enforcement can’t prove you were operating the vessel, they may not have a case.
- Unlawful arrest: While officers can board vessels without cause, they still need a valid legal reason to detain or arrest you. We analyze whether your rights were violated.
Our legal team carefully reviews every detail of your case to identify weaknesses in the prosecution’s evidence. We have experience defending clients against charges of boating under the influence in Florida.
What to Do if You’re Arrested for Boating Under the Influence in Florida
If you’re arrested for boating under the influence in Florida , what you do next matters. So:
- Stay calm. Don’t argue or make statements that could be used against you.
- Do not answer questions without legal counsel present. You have the right to remain silent.
- Document everything once you’re released—who was present, what you drank (if anything), how the stop happened, and any tests performed.
- Call a criminal defense lawyer experienced in BUI cases. The sooner you reach out to us, the better positioned we’ll be to protect your rights.
Don’t Face a BUI Charge Alone: Contact a Qualified Criminal Defense Lawyer Today!
Being charged with Boating Under the Influence in Florida is serious. You could be facing criminal penalties, financial hardship, and lasting damage to your record and reputation. But you don’t have to navigate this process alone.
At Turner O’Connor Kozlowski, PL, we defend clients across Gainesville and North Florida who have been charged with BUI. We understand the law, we know how to challenge the evidence, and we fight to protect your rights.
If you or someone you care about has been charged with boating under the influence in Florida, take the next step to defend your future. Call us today at [phone] to schedule a confidential consultation.
