Facing Felony DUI After a Boating Incident in Florida

Charged With Felony BUI? Here's What You're Really Up Against and How a Private Attorney Can Protect Your Future

Boating is one of the great freedoms of living in Florida. Whether you're out on the Gulf or cruising the Intracoastal, it's supposed to be relaxing. But when alcohol or drugs are involved and there's an accident, everything can change in an instant. Suddenly, you may find yourself facing a felony Boating Under the Influence (BUI) charge. If someone is injured or killed, or if this isn't your first time being accused of boating or driving under the influence, you're looking at life-altering consequences.

I've spent my career defending people across Florida charged with DUI and BUI offenses. These cases are different from car-based DUIs in some important ways, and you need someone who knows exactly how Florida law treats boating incidents involving alcohol. If you're being investigated or have already been charged with a felony BUI, now is the time to get serious about your defense.

How a Florida Boating DUI Turns Into a Felony

Most people don't realize that a BUI can be just as serious as a DUI. Florida law, under Section 327.35 of the Florida Statutes, sets out the penalties for operating a vessel while under the influence of drugs or alcohol. While a first-time BUI is usually a misdemeanor, it can be charged as a felony under certain conditions.

Here's the full text of the primary statute:

Florida Statute § 327.35(1):

"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, any chemical substance… or any controlled substance… 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."

So when does it turn into a felony?

Felony BUI applies if:

• You cause serious bodily injury to another person (Third Degree Felony – up to 5 years in prison under § 327.35(3)(b) and § 775.082).
• You cause a death, which can be charged as BUI manslaughter (Second Degree Felony – up to 15 years under § 327.35(3)(c)).
• You have prior BUI or DUI convictions. A third BUI within 10 years or a fourth overall BUI/DUI can be charged as a felony under § 327.35(2)(b) and § 316.193.

What starts as a fun day on the water can end in felony charges that follow you for the rest of your life. That's why having a private attorney is not just helpful, it's necessary.

Real Case Example: Felony BUI With Injury Reduced to Reckless Operation

One of my clients was out fishing with friends in the Sarasota area. They had been drinking, and when returning to the marina, his boat collided with a jet ski, injuring a teenager. He was arrested and charged with felony BUI causing serious bodily injury. The media picked it up, and the pressure was intense.

When I took the case, I immediately hired a marine accident reconstruction expert. We reviewed GPS data, weather conditions, witness statements, and the Coast Guard report. It became clear the jet ski operator had crossed into our client's right of way. On top of that, my client's BAC was close to the legal limit but not over. We showed the impairment was questionable and that his actions were reasonable under the circumstances.

After extensive negotiation and motion practice, the felony charge was dropped. He pled to a misdemeanor reckless operation charge with no jail time and was allowed to keep his boating license. This kind of result doesn't come from waiting around for a public defender. It requires fast action, expert resources, and experience with BUI defense.

What You Can Expect After a Felony BUI Arrest

Once you're arrested, you'll be booked and taken to jail. You may be given a bond, or you might remain in custody if the injury was serious. Florida prosecutors move fast in BUI injury cases. They will gather medical records, blood test results, witness statements, and Coast Guard reports. In serious cases, they'll bring in marine forensic experts to reconstruct what happened.

This isn't like a traffic stop DUI. The Florida Fish and Wildlife Conservation Commission (FWC), sheriff's deputies, or Coast Guard often conduct detailed investigations. If federal waterways are involved, there may be federal charges too.

I can't stress this enough: the earlier you hire private counsel, the better. I will immediately begin preserving evidence before it's lost, challenge the way field sobriety tests were conducted on unstable docks or boats, and fight the state's narrative before it becomes locked in. Public defenders are overloaded. These cases require more than a few court appearances.

Key Defenses Against Felony BUI Charges in Florida

Every felony BUI case is different, but these are some defenses we've used effectively:

Improper BAC Testing

Boats don't provide the stable environment required for accurate breath or field sobriety testing. If the test was done at the dock or after hours in the heat, we question its reliability. Under § 327.353, the state must show a lawful arrest and proper procedures before introducing a BAC result.

Lack of Causation

If someone was injured, the state must prove your alleged impairment directly caused the accident. Just being intoxicated isn't enough. If the other vessel violated right of way or operated recklessly, that breaks the causal chain.

Unreliable Witness Testimony

Alcohol, water glare, speed, and chaos often distort what people think they saw. We attack inconsistencies in witness accounts and compare them against GPS, radar, and chart data.

No Serious Bodily Injury

If the alleged victim's injuries don't meet Florida's legal definition of "serious bodily injury" under § 327.35(3)(b), the charge can be reduced to a misdemeanor. We obtain medical records and expert analysis to challenge the severity classification.

Violation of Constitutional Rights

Improper detention, illegal search of your vessel, or coerced statements may result in suppression of key evidence. I review every step of the arrest process to find Fourth or Fifth Amendment violations.

Only a private attorney with experience in these types of cases can fully investigate and build these defenses. Court-appointed lawyers often do not have the time or budget for experts or accident reconstruction.

The Penalties for Felony BUI in Florida

Here's what you could be facing:

• Third Degree Felony BUI (Serious Bodily Injury): Up to 5 years in prison, $5,000 fine, felony conviction.
• Second Degree Felony BUI Manslaughter: Up to 15 years in prison, $10,000 fine, 4-year minimum mandatory prison term.
• First Degree Felony (BUI Manslaughter with Leaving the Scene): Up to 30 years in prison.
• Felony BUI Based on Prior Convictions: 5 years in prison if it's your third within 10 years, or fourth total.

In addition to prison, you'll face loss of boating privileges, probation, drug and alcohol monitoring, community service, and more. You'll also be labeled a convicted felon, which affects housing, employment, and firearm rights. These consequences are too serious to leave to chance.

Why You Should Hire a Private Criminal Defense Attorney

BUI cases are unique. They often involve federal waterways, different testing procedures, and different enforcement agencies than regular DUIs. Defending them successfully takes time, investigation, and resources. The sooner I'm brought in, the sooner I can begin building a strategy that may result in dismissal or reduction of charges.

You only get one shot at protecting your record and your future. And I'm here to make sure your rights come first.

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 30 office locations in Florida and serve all counties in Florida.

Frequently Asked Questions (FAQs)

What's the difference between a DUI and a BUI in Florida?

A DUI applies to motor vehicles on land, while a BUI (Boating Under the Influence) involves vessels on water. Both carry similar legal thresholds, such as a 0.08 blood alcohol concentration, but the testing procedures and enforcement differ. BUI is prosecuted under Florida Statute § 327.35, and often involves the Florida Fish and Wildlife Conservation Commission instead of local police.

Can I go to jail for a first-time BUI if someone was hurt?

Yes. If your BUI involved serious bodily injury to another person, it's a third-degree felony—even for a first-time offense. You could face up to five years in prison. These cases are taken very seriously and are often fast-tracked for prosecution.

What is considered "serious bodily injury" in a felony BUI case?

Florida law defines serious bodily injury as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a body part. Minor cuts or bruises do not qualify. Medical records and expert testimony are often needed to challenge the state's classification.

Can prior DUIs affect a BUI charge?

Yes. Florida law counts prior DUI and BUI convictions interchangeably. A third DUI or BUI within 10 years, or a fourth lifetime conviction, is charged as a third-degree felony. That includes prior land-based DUIs in Florida or from other states.

Can I refuse a breath or blood test during a BUI stop?

You can refuse, but there are consequences. Under § 327.35215, refusal may result in civil penalties and be used against you in court. If there's an accident with injury, officers can use force to obtain a blood sample. These tests are subject to strict rules, and we often challenge how they were obtained and processed.

Do I have to submit to field sobriety tests on a boat?

No. These tests are voluntary, and you cannot be penalized for refusing them. That said, refusal may lead to arrest if the officer believes there is probable cause. These tests are often unreliable on boats due to movement, instability, and the marine environment.

Is BUI ever a federal offense?

Yes. If the incident occurs on federal waterways or involves the U.S. Coast Guard, federal charges may apply. Federal BUI cases carry similar penalties but are prosecuted in federal court, requiring a defense attorney familiar with both jurisdictions.

Can I get probation instead of jail for a felony BUI?

Possibly. The outcome depends on your prior record, the nature of the incident, and the quality of your defense. In many cases, we've negotiated favorable plea deals or obtained dismissals. Probation, substance abuse treatment, or even pretrial diversion may be options if the case is handled properly.

How soon should I hire a private attorney after a BUI arrest?

Immediately. The earlier your attorney gets involved, the more time there is to preserve favorable evidence, challenge testing, and negotiate with prosecutors. Delay only benefits the state. We begin work the same day you call.

Can a felony BUI conviction be expunged or sealed in Florida?

No. Florida law does not allow felony convictions to be expunged or sealed. That's why it's critical to fight the charge aggressively from the start. A dismissal or reduction to a misdemeanor may keep your record clean and your future intact.

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 30 office locations in Florida and serve all counties in Florida.