Understanding How Boating Under the Influence Can Impact Your Driving Privileges, Criminal Record, and Future And Why You Need a Florida BUI Defense Attorney Immediately!
As a Florida BUI Defense Attorney, I know many people assume that getting charged with boating under the influence won't have the same impact as a DUI. They assume that because they weren't driving a car, the consequences are somehow less serious. That's a mistake. If you've been arrested for BUI, especially if it happened in a high-traffic waterway or resulted in injury or property damage, the repercussions can go far beyond the marina. You could face fines, jail time, and yes—even restrictions on your driver's license in some circumstances.
Let me break it down for you, statute by statute, and explain exactly what's at stake—and what we can do to protect your future.
What Is BUI in Florida and How Is It Charged?
Florida Statute § 327.35 defines Boating Under the Influence as operating a vessel while under the influence of alcohol or drugs to the extent that your normal faculties are impaired, or with a blood-alcohol level of 0.08 or higher. Here's what the statute says:
"A person is guilty of the offense of boating under the influence if the person is operating a vessel within this state and:
(a) The person is under the influence of alcoholic beverages or any chemical substance set forth in s. 877.111 or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath."
Penalties can include jail time, probation, mandatory boating safety courses, community service, and substantial fines. If there was an accident, injury, or death, the charges and penalties can increase dramatically and include felony prosecution.
Can a BUI Affect My Driver's License?
The short answer is: in most cases, a BUI does not result in an automatic suspension of your Florida driver's license like a DUI does. However, there are important exceptions and consequences that may still impact your driving privileges indirectly.
Unlike DUI, which falls under Florida's implied consent laws governing the roadways, BUI cases are governed by Florida's boating statutes under Chapter 327. Florida law does not impose an automatic administrative suspension of your driver's license solely for refusing a breath test in a BUI case. However, here's where it gets complicated:
- If you already have a DUI on your record, a BUI conviction could be considered a prior alcohol-related offense, impacting future DUI sentencing.
- If you're placed on probation as part of a BUI plea or conviction, the court may include conditions that restrict your driving.
- If your BUI charge escalates due to injuries, property damage, or manslaughter, and you're also charged with DUI or fleeing, your license can absolutely be suspended or revoked as part of the criminal penalties.
How BUI and DUI Can Interact—and Stack
Many people don't realize this, but BUI and DUI convictions can stack when it comes to sentencing enhancements. For example, if you've been convicted of a DUI in the past and now face a BUI charge, or vice versa, prosecutors may try to treat the new charge as a second offense. That can elevate penalties and open the door to longer license suspensions or revocations—especially if there are multiple priors.
In other words, a BUI can and often does impact future driving privileges, even if it doesn't automatically suspend your license right now. Prosecutors know how to use your record against you. That's why having a Florida BUI Defense Attorney on your side early is critical.
Real Case Example: BUI and Prior DUI—Avoiding Jail and License Suspension
One of my clients was arrested for BUI on the Intracoastal Waterway in Palm Beach County after the Fourth of July. He had a prior DUI from years earlier. Law enforcement alleged he was speeding near a slow zone and caused a minor collision. They performed field sobriety exercises on the dock and obtained a breath sample over 0.08.
The state filed BUI charges and planned to enhance the sentence based on his prior DUI. They sought jail time, probation, and alcohol evaluation—with conditions restricting his driving even though the charge was boat-related.
I challenged the breath test by arguing that the device used was not properly calibrated and failed to follow lawful collection procedures. I also filed motions to suppress statements made by my client without Miranda warnings. Through aggressive negotiations and a strong defense strategy, we secured a reduced charge of reckless operation, with no probation and no license restrictions.
This case is a prime example of why you need a skilled defense attorney. Without a private attorney pushing back at every step, my client could have ended up with a probation sentence that limited his right to drive—even though he wasn't behind the wheel of a car.
What Are the Penalties for BUI in Florida?
Here's a breakdown of penalties under § 327.35:
- First BUI Conviction: Up to 6 months in jail, up to $1,000 fine, probation, community service, and substance abuse treatment
- Second BUI: Up to 9 months in jail and higher fines
- Third or Subsequent BUI: May be charged as a felony, with up to 5 years in prison
- Enhanced BUI (with accident, injuries, or death): Felony charges, longer imprisonment, and potential civil lawsuits
There are also mandatory penalties for any BUI involving injuries, property damage, or refusal to submit to lawful chemical testing, especially if there is prior refusal history.
Defenses That May Apply to Your BUI Case
Every BUI case is different. I take the time to evaluate the facts, police reports, and procedures to identify every possible defense. Some common defenses I've successfully used include:
- Lack of Probable Cause: If law enforcement didn't have a legal reason to stop your vessel, we can move to suppress all evidence gathered after the stop.
- Improper Field Sobriety Tests: Field exercises conducted on unstable docks or moving boats are unreliable. We can argue the conditions invalidated the tests.
- Unlawful Breath or Blood Testing: If the testing equipment wasn't calibrated correctly, or the testing officer didn't follow legal procedures, we can file a motion to exclude the results.
- Medical Conditions: Certain health issues can mimic signs of impairment. I work with medical experts to show how these conditions could have affected your behavior.
- No Actual Operation: In some cases, we can argue that you were not operating the vessel at the time of arrest. Mere presence on a boat is not enough to sustain a conviction.
Remember, BUI convictions stay on your criminal record and can be used to enhance future DUI or BUI charges. This is not something to handle without a private attorney.
Why You Need a Florida BUI Defense Attorney—Not a Public Defender
Public defenders are often overworked and may encourage quick plea deals without digging into the facts of your case. When you hire me, you get my full attention and decades of experience handling BUI and DUI charges across Florida.
I review every detail, from the legality of the stop to how evidence was collected. I appear in court with you, guide you through the process, and fight to protect your criminal record and your future driving rights.
Whether your goal is a dismissal, a reduction in charges, or avoiding jail and license penalties, I will pursue every available defense.
Florida Statutes Related to BUI That May Affect Your Case
In addition to § 327.35, other statutes may impact your case:
- Florida Statute § 322.61: Defines disqualifications for commercial driver licenses for certain offenses, including alcohol-related convictions.
- Florida Statute § 322.28: Provides the authority for courts to suspend or revoke licenses based on alcohol-related convictions.
- Florida Statute § 775.084: Discusses habitual offender enhancements that may apply when there is a criminal record.
Depending on your record, even a BUI could set off enhancements under these laws.
Florida BUI Defense Attorney FAQs
Does a BUI automatically suspend my driver's license in Florida?
No, a BUI arrest by itself does not result in an immediate administrative suspension of your driver's license like a DUI would. However, if you're later convicted and placed on probation, the court can impose restrictions. In cases where the BUI involves a refusal to submit to chemical testing and you have a history of refusals or prior DUIs, the outcome could still impact your license.
Can a BUI be used to enhance future DUI penalties?
Yes, BUI convictions count as prior alcohol-related offenses. That means if you're later arrested for DUI, your BUI could increase the penalties for that future offense. Prosecutors use your full alcohol-related record to argue for harsher sentences. This is one reason why it's important to fight your BUI charge and avoid a conviction if possible.
Can I seal or expunge a BUI arrest?
You may be eligible to seal or expunge your BUI arrest if the charges were dropped or dismissed. However, if you were convicted or pled guilty to the offense, expungement is not available under Florida law. A private attorney can evaluate your record and help you determine your eligibility for record sealing.
Is BUI a misdemeanor or a felony in Florida?
A first-time BUI is typically charged as a misdemeanor, but it can be upgraded to a felony if there were injuries, deaths, or multiple priors. Felony BUI carries prison time, felony probation, and can seriously affect your civil rights and employment opportunities.
What if I refused a breath or blood test during a BUI investigation?
Refusing chemical testing during a BUI investigation may not lead to a license suspension on its own, but it can be used against you in court to argue consciousness of guilt. If you've refused testing in the past during a DUI stop, prosecutors may attempt to use that history to show a pattern. I can challenge the admissibility of that refusal and explore other strategies to protect your rights.
Call a Florida BUI Defense Attorney Today Before It's Too Late
The consequences of a BUI conviction go beyond fines and boating restrictions. They can impact your criminal record, driving privileges, and future DUI penalties. Don't take chances with your freedom or your license. You need an aggressive, experienced attorney who knows Florida's BUI laws inside and out.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.