Understanding the Legal Consequences of Boating Under the Influence (BUI) in Florida

If you’ve been charged with operating a boat under the influence (BUI) in Florida, you may wonder if a Florida DUI lawyer can help with your case. The answer is yes—BUI charges are serious, and the same laws and penalties that apply to driving under the influence on the road also apply on the water. The legal system in Florida treats boating under the influence with significant weight, and you’ll need a solid defense to protect your rights.

What Is Boating Under the Influence (BUI) in Florida?

In Florida, boating under the influence is a criminal offense governed by Florida Statutes § 327.35. Under this statute, it is illegal to operate a vessel while impaired by alcohol, drugs, or a combination of both. You are considered to be boating under the influence if:

  • Your blood alcohol concentration (BAC) is 0.08% or higher, or
  • You are impaired to the extent that your normal faculties are diminished, regardless of your BAC level.

A "vessel" is broadly defined under Florida law and includes anything used as a means of transportation on water, whether motorized or not, such as boats, jet skis, or sailboats.

Penalties for Boating Under the Influence (BUI)

The penalties for BUI in Florida mirror those for DUI, but there are some important distinctions. If you are convicted of boating under the influence, you could face:

  1. Fines:
    For a first BUI offense, fines range from $500 to $1,000. If your BAC was 0.15% or higher or if a minor was on board, the fines increase from $1,000 to $2,000. Repeat offenders face even steeper fines, ranging from $1,000 to $5,000, depending on the number of prior convictions.

  2. Jail Time:
    A first-time BUI offense can lead to up to six months in jail. For second-time offenses, you could face up to nine months in jail. If a minor was on board or your BAC exceeded 0.15%, you could face even longer jail terms, with repeat offenders facing up to 12 months in jail.

  3. Probation and Community Service:
    In addition to jail time, BUI convictions often include probation periods and community service requirements. For example, after a first offense, Florida law mandates at least 50 hours of community service.

  4. Boat Impoundment:
    After a BUI conviction, your vessel may be impounded for up to 10 days, depending on the severity of the offense and whether this is your first conviction.

Aggravating Factors in BUI Cases

Certain factors can make BUI charges more severe, leading to harsher penalties. These include:

  • High BAC Levels:
    If your BAC was 0.15% or higher, the state will likely push for enhanced penalties, including higher fines and longer jail sentences.

  • Causing Injury or Death:
    If you caused an accident while boating under the influence, resulting in injury or death, you could face felony charges. Under Florida law, BUI manslaughter carries severe penalties, including up to 15 years in prison and substantial fines.

  • Repeat Offenders:
    Florida law takes prior convictions into account. If you’ve been convicted of BUI or DUI before, the penalties will increase significantly, including mandatory minimum jail sentences and higher fines.

License Suspension and BUI

Unlike a DUI, a BUI conviction does not typically result in the suspension of your driver’s license. However, your boating privileges can be suspended or revoked. If you are convicted of multiple BUI offenses, you could lose the right to operate any watercraft for an extended period.

How a DUI Lawyer Can Help Defend Your BUI Case

If you’ve been charged with BUI, having a skilled Florida DUI lawyer can make all the difference in your case. Here are some ways an experienced lawyer can help defend you:

  1. Challenging the Stop:
    Law enforcement must have probable cause to stop your vessel. If they stopped you without a valid reason, your attorney may be able to get the charges dismissed.

  2. Questioning Field Sobriety Tests:
    Just like DUI cases, field sobriety tests used in BUI cases are often unreliable. Conditions on the water—such as choppy waves or unstable surfaces—can affect the results of these tests. Your attorney can argue that the tests were inaccurate or unfairly administered.

  3. Breathalyzer and BAC Test Challenges:
    Breathalyzer devices used to measure BAC levels can malfunction or be improperly calibrated. Your lawyer can investigate whether the testing equipment was reliable and whether the test was administered correctly.

  4. Lack of Impairment:
    Just because you were drinking doesn’t necessarily mean you were impaired. Your lawyer can argue that your faculties were not diminished to the point of being a safety risk, which could lead to reduced charges or even an acquittal.

  5. Plea Negotiations:
    In cases where the evidence against you is strong, your attorney can still work to negotiate a plea deal to reduce the penalties. This could include agreeing to a lesser charge or minimizing fines and jail time.

Avoiding Common Mistakes in BUI Cases

One of the biggest mistakes people make after being charged with BUI is assuming that it’s not as serious as a DUI. In reality, the consequences of a BUI can be just as severe—if not more—especially if the offense involves aggravating factors such as a high BAC or an accident that resulted in injury. Another common mistake is failing to seek legal representation immediately. Don’t assume that you can handle the case on your own; Florida’s BUI laws are complex, and without an experienced attorney, you’re at a significant disadvantage.

What to Expect if You’re Charged with BUI in Florida

If you’ve been arrested for BUI, here’s what you can expect moving forward:

  1. Arraignment:
    After your arrest, you will be scheduled for an arraignment where you’ll enter a plea. It’s crucial to have a lawyer by your side at this stage to advise you on whether to plead guilty or not guilty.

  2. Pre-trial Hearings:
    Your lawyer will file motions and gather evidence during this stage. This is also when plea negotiations may take place if appropriate.

  3. Trial:
    If your case goes to trial, your lawyer will present evidence and arguments to challenge the prosecution’s case. They will work to show that the charges against you are unfounded or that the penalties should be reduced.

Why You Shouldn’t Fight BUI Charges Alone

Attempting to handle a BUI case on your own is a risky proposition. Florida’s BUI laws are strict, and prosecutors pursue these cases aggressively. Having a DUI lawyer who understands the nuances of both DUI and BUI cases can give you the best chance at avoiding harsh penalties. At Musca Law, we have extensive experience defending clients against BUI charges, and we understand the unique challenges that these cases present.

Florida BUI FAQs

What is the difference between DUI and BUI in Florida?
The primary difference between DUI and BUI is the environment in which the offense occurs. DUI refers to driving under the influence on the road, while BUI involves operating a vessel while impaired on the water. Both offenses carry similar penalties, including fines, jail time, and probation.

Can I lose my driver’s license if I’m convicted of BUI in Florida?
Generally, a BUI conviction does not result in the suspension of your driver’s license. However, your boating privileges can be suspended or revoked. The more BUI convictions you have, the longer you may lose the right to operate a watercraft in Florida.

What should I do if I’ve been charged with BUI?
If you’ve been charged with BUI, the first thing you should do is consult with a DUI lawyer who has experience handling BUI cases. You have the right to defend yourself against these charges, and an attorney can help ensure that your rights are protected throughout the legal process.

Can a BUI charge affect my employment?
Yes, depending on the nature of your job and whether your employer has policies against criminal convictions, a BUI conviction could impact your employment. If your job involves operating vehicles or equipment, or if you have a professional license, the consequences could be severe.

Are the penalties harsher for BUI if there was an accident?
Yes, if you caused an accident while boating under the influence, especially one that resulted in injury or death, the penalties will be significantly harsher. You could face felony charges, substantial fines, and lengthy prison sentences if convicted of BUI manslaughter.

Can I refuse to take a breathalyzer test during a BUI stop?
Yes, you can refuse to take a breathalyzer test when stopped for a BUI, but there are consequences. Refusing the test can result in automatic penalties, including fines and potential jail time. It’s important to discuss your options with an attorney if you refused a test during a BUI stop.

Call Musca Law 24/7/365 at 1-888-484-5057 for your FREE Consultation

If you’ve been charged with BUI in Florida, don’t leave your future to chance. Contact Musca Law 24/7/365 at 1-888-484-5057 for your FREE consultation. Our team of experienced criminal defense attorneys is dedicated to defending people charged with criminal or traffic offenses throughout all 67 counties in Florida.