Boating is a way of life in Florida. Whether you’re cruising the Santa Fe River, fishing on Orange Lake, or heading out for a coastal weekend, the water offers a sense of freedom that’s hard to match. But that freedom comes with responsibility — and when alcohol or drugs are involved, it can quickly turn into a criminal matter in Gainesville.
Boating Under the Influence (BUI) is a serious offense under Florida law. It’s treated much like a DUI but applies to vessels instead of vehicles. And in Gainesville, where weekend boating trips are common, BUI arrests are more frequent than many people realize.
At Turner O’Connor Kozlowski, P.L., our Gainesville BUI defense lawyers defend people charged with BUI across Alachua County and beyond. If you’ve been arrested on the water, we’re here to help you understand what you’re facing — and how to fight back.
What Counts as Boating Under the Influence in Florida?
Under Florida Statute § 327.35, it’s illegal to operate a vessel while impaired by alcohol, drugs, or a combination of both. The law applies to any motorized watercraft — including boats, jet skis, and personal watercraft — and it doesn’t matter if you’re on a lake, river, or the open ocean.
You can be charged with BUI if:
- Your blood alcohol concentration (BAC) is 0.08% or higher, or
- Your normal faculties are impaired by alcohol, drugs, or both.
For boaters under 21, Florida’s zero-tolerance policy applies: a BAC of 0.02% or more can result in penalties even if you’re not legally impaired.
It’s important to understand that BUI doesn’t just apply to alcohol. Prescription medications, marijuana, and other controlled substances can also lead to a BUI charge in Florida if they affect your ability to operate a vessel safely.
Where Gainesville Boaters Get Caught
Gainesville may be landlocked, but it’s surrounded by water. From weekend fishing trips to tubing excursions, boating is a regular part of life for many residents. That also means BUI enforcement is active and aggressive in the region.
Common BUI Hotspots Near Gainesville
Most commonly, our Gainesville BUI defense lawyers have seen a lot of cases from:
- Orange Lake and Lochloosa Lake: Popular for fishing and recreation
- Santa Fe River: A favorite for tubing, kayaking, and pontoon parties
- St. Johns River and Cedar Key: Coastal destinations within driving distance
During holidays like the 4th of July, Memorial Day, and Labor Day, law enforcement agencies — including the Florida Fish and Wildlife Conservation Commission (FWC) and local marine patrol units — increase their presence on the water. Random safety checks are common, and any sign of impairment can lead to a full investigation.
Penalties for a BUI Conviction in Florida
A BUI conviction can be serious, even for a first offense. The penalties increase with aggravating factors like prior convictions, high BAC, or accidents involving injury.
First-Offense BUI Penalties
If you’re facing a first-offense BUI in Florida, the penalties can still be serious—ranging from:
- Fines: $500–$1,000
- Jail: Up to 6 months
- Probation: Up to 1 year
- Community service: Minimum 50 hours
- Vessel impoundment: 10 days
- Safety course: Mandatory boating safety course
Enhanced Penalties
When BUI charges involve aggravating circumstances, the penalties escalate significantly under Florida law.
Such as:
- BAC of 0.15% or higher or minor onboard: Up to 9 months in jail and $2,000 in fines
- Accident with property damage or injury: Up to 1 year in jail
- Serious bodily injury: Third-degree felony, up to 5 years in prison
- Death (BUI manslaughter): Classified as a second-degree felony and punishable by up to 15 years in state prison.
Florida’s Lucy’s Law – Senate Bill 628 (2025) imposes a mandatory minimum of 4 years in prison for BUI manslaughter and increased penalties for leaving the scene or giving false information during a boating crash investigation. Protect your record and future with a consultation with our skilled Gainesville BUI defense lawyers today.
Long-Term Consequences
When a BUI conviction extends beyond the courtroom, the long-term consequences can significantly impact your life, including:
- Criminal Record: A misdemeanor or felony conviction can follow you for life
- Insurance Issues: Higher premiums or cancellation of coverage
- Professional Licensing Trouble: For nurses, educators, contractors and others
- Immigration Implications: For non-citizens, including visa or residency impact
- Boating Privilege Suspension: Especially for repeat offenders or injury-related cases
The penalties for a BUI conviction in Florida go far beyond fines and jail time. They can include mandatory education programs, vessel impoundment, and long-term consequences like a criminal record or professional setbacks.
Knowing the full extent of these penalties is key for anyone facing charges — and a strong legal defense can make a big difference in how those consequences play out. Call a trusted Gainesville BUI defense lawyer today.
How BUI Differs from DUI in Florida
While BUI and DUI have many similarities, there are key differences that affect how these cases are investigated and prosecuted.
1. No Driver’s License Suspension
Unlike a DUI, a BUI conviction does not result in a driver’s license suspension. However, your boating privileges may be suspended, and the conviction will be on your permanent record.
2. Different Enforcement Agencies
BUI cases are often handled by:
- Florida Fish and Wildlife Conservation Commission (FWC)
- U.S. Coast Guard
- County and municipal marine patrols
These officers can stop and inspect your vessel for safety without probable cause. What starts as a routine life jacket check can quickly turn into a full impairment investigation.
3. Field Sobriety Tests on Water
Roadside tests don’t translate well to the marine environment. Instead, officers use seated or simplified tests — like the horizontal gaze nystagmus or finger-to-nose.
These are easily affected by:
- Sunburn or heat exhaustion- Motion sickness or dehydration
- Fatigue from swimming or long exposure
That unreliability can be a key issue in your case. Knowing the law and understanding how to apply it can save you from costly penalties; financially and otherwise. Call our skilled Gainesville BUI defense lawyers today and see how we will fight for you and your rights.
Common Defenses to BUI Charges
No BUI case is hopeless. The facts matter, and so do the procedures that law enforcement uses. At TOK Legal, our Gainesville BUI defense lawyers raise strong, legally grounded defenses that challenge the prosecution’s evidence and protect your rights.
1. Marine Field Sobriety Test Issues
Marine field sobriety tests aren’t standardized like DUI field sobriety tests — and they’re often administered by officers with limited training. If you were swaying on a boat deck, that doesn’t necessarily mean you were impaired.
2. Flawed or Inaccurate BAC Testing
Breathalyzers require calibration and strict procedures. Medical conditions like GERD or diabetes can create false positives. We may subpoena maintenance records or lab documentation to challenge the reliability.
3. Procedural and Constitutional Violations
We evaluate whether your stop, detention, or testing violated your rights. If law enforcement violated your rights during the stop, detention, or arrest, we may be able to suppress key evidence.
Common violations include:
- Unlawful detention: Holding you without reasonable suspicion or probable cause.
- Procedural errors: Failure to read Miranda rights, especially if you were interrogated while in custody.
- Improper search or seizure: Taking blood samples or searching your vessel without consent or a warrant.
These violations can result in reduced charges — or even a full dismissal. Call our experienced Gainesville BUI defense lawyers today to set up a confidential consultation.
4. Medical or Environmental Causes of “Impairment”
Red, watery eyes, slurred speech, or imbalance could be due to environmental factors or underlying medical conditions. We may bring in experts or use records to show your “impairment” had nothing to do with drugs or alcohol.
In more complex cases, our Gainesville BUI defense lawyers work with:
- Toxicologists to dispute blood or breath readings
- Accident reconstructionists, if an incident occurred
- Medical professionals to explain non-alcohol-related symptoms
These experts can reconstruct the boating incident, analyze toxicology reports, and testify about the unreliability of marine sobriety tests. Their testimony can create reasonable doubt.
Why Choose Turner O’Connor Kozlowski, P.L.?
At Turner O’Connor Kozlowski, P.L., we don’t do drive-thru criminal defense. We take our time, build relationships, and protect people when their future is on the line.
Decades of Criminal Defense Experience
We’ve defended Floridians charged with everything from first-time misdemeanors to serious felonies for decades. We know what’s at stake in every case and have the courtroom experience to protect your name and record.
Local Knowledge That Matters: Familiarity with Gainesville and Florida BUI Cases
Our Gainesville BUI defense lawyers are familiar with Florida law and Gainesville’s courts, judges, and prosecutors. We know the enforcement zones on Santa Fe River and Orange Lake. We understand how FWC officers operate, how their enforcement patterns change during holidays and special events, and where they overreach.
Tactical, Tailored Defense Strategies
Every case is unique. Your legal strategy should be, too. At TOK Legal, we don’t settle for “standard.” We start with your goals — then design the best path forward based on evidence, local practices, and getting the best possible result.
What to Do After a BUI Arrest
You have rights — and what you do now matters. Here’s a checklist to help you protect your rights and prepare for your defense:
1. Don’t Say Anything Without a Gainesville BUI Defense Lawyer
You have the right to remain silent. Use it. Anything you say can be used against you — even casual comments on the boat or at the dock.
2. Save All Evidence
Write down everything you remember: Where you were, who was with you, what you drank (if anything), and what the officers said or did.
Keep all:
- Citations or arrest paperwork
- Breath or blood test results
- Officer notes or witness statements
Get any video or GPS data from your boat or phone that supports your side of the story. This can be key to your defense.
3. Call a Gainesville BUI Attorney Now
The sooner a Gainesville BUI defense lawyer gets involved, the more options you have. We can get evidence, challenge suspensions, and start building your defense before charges are even filed.
During your initial consultation:
- Bring all papers: citations, test results, and court notices.
- Make a list of people on the boat or nearby.
- Be honest. We’re here to help, not judge.
Every detail helps us build a better defense. Contact a Gainesville BUI defense lawyer at TOK Legal now to get started.
Protect Your Rights with a Trusted Gainesville BUI Defense Lawyer Today
A BUI arrest can throw your world off course and derail your plans, reputation, career, family, and your future — but you’re not powerless. At Turner O’Connor Kozlowski, P.L., we know what’s at stake. We also know every client deserves more than just a defense — you deserve dignity, discretion, and a legal team that’s all in on their case.
We don’t accept cases just to fill a docket — we take them because they matter, and when we know we can make a difference. If you’ve been charged with BUI in Gainesville or anywhere in Alachua County, don’t wait for the system to make decisions for you.
Call (352) 290-4115 or fill out the online contact form today for a confidential consultation with a Gainesville BUI defense lawyer. Let us put our decades of experience to work for you.
