What You Need to Know If Law Enforcement Approaches You on a Boat in Florida Waters
We've all had those Florida weekends where the skies are clear, the drinks are flowing, and the boat engines are humming out on the Intracoastal or open Gulf. But if you're not careful, a relaxing day on the water can end in handcuffs. As Florida criminal defense attorneys, we've seen this play out far too often. Whether it's a misunderstanding, a mistake in judgment, or an overly aggressive boarding by law enforcement, you could be facing serious criminal charges by the time you make it back to the dock.
Let me break it down from experience. When law enforcement—including the Florida Fish and Wildlife Conservation Commission (FWC), county sheriff's deputies, or even the U.S. Coast Guard—approaches your vessel, you may think it's just a routine safety inspection. But one wrong answer, the smell of alcohol, or a perceived violation can spiral into criminal accusations that carry real consequences under Florida law.
Let's go through the most common scenarios that lead to criminal charges—and why it's critical to have a private criminal defense attorney on your side from the start.
Boating Under the Influence (BUI) – Florida Statute §327.35
One of the most common charges we see is Boating Under the Influence. Florida Statute §327.35 states:
"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 ... 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."
You might think you're safe because you're not driving a car. But the legal consequences of a BUI can mirror those of a DUI. A first-time offense can carry up to 6 months in jail and a $1,000 fine. Aggravating factors like accidents, minors on board, or repeat offenses elevate those penalties quickly.
We once represented a client in Tampa who had a couple of beers while anchored near Shell Key. FWC conducted a boarding under the pretense of a safety check. After spotting a beer can, they requested field sobriety tests on the deck of a rocking boat. The client was arrested and charged with BUI. We challenged the field sobriety test's reliability due to the unsteady environment and got the charge dismissed.
Why You Need a Private Attorney: Public defenders are often overwhelmed and rarely familiar with maritime enforcement. You need an attorney who can question the legality of the stop, challenge unreliable sobriety tests conducted on water, and suppress any unlawfully obtained evidence.
Drug Possession on the Water – Florida Statute §893.13
Recreational boating often comes with relaxed attitudes, and that includes marijuana use. But Florida law is clear: Possession of a controlled substance without a valid prescription is a criminal offense.
Florida Statute §893.13(6)(a):
"If a person possesses 20 grams or less of cannabis ... the person commits a misdemeanor of the first degree."
On the water, there's no safe zone. Just because you're not on land doesn't mean law enforcement can't arrest you. In fact, they often board under the safety inspection authority and escalate to searches.
We represented a couple in Collier County found with less than an ounce of marijuana on their vessel. The officer claimed he smelled cannabis and used that to justify a full search. We argued that the search exceeded the scope of a safety inspection and lacked probable cause. Result: case dismissed.
Why You Need a Private Attorney: Search and seizure issues are complex on water. A private attorney can dissect the justification law enforcement uses to board your vessel and challenge the legality of the evidence.
Illegal Discharge or Pollution – Florida Statute §376.302
Not every charge is drug or alcohol-related. Dumping wastewater or fuel into state waters can bring third-degree felony charges.
Florida Statute §376.302(1)(a):
"It is unlawful for any person to discharge any pollutant or hazardous substance into or upon the waters or lands of the state..."
Even an accidental spill—like bilge water contaminated with oil—can result in environmental violation charges.
We helped a commercial fisherman out of Pensacola who unknowingly discharged fuel residue. He was reported by another boater. We worked with environmental experts to show the incident did not violate discharge thresholds. Charges were dropped.
Why You Need a Private Attorney: Environmental violations carry reputational damage, especially for boat owners and commercial operators. We can engage experts and navigate regulatory defenses that public defenders might overlook.
Resisting or Interfering with an Officer – Florida Statute §843.02
Tensions escalate quickly on the water. If you argue, fail to comply quickly, or resist an officer, you could be charged with obstruction.
Florida Statute §843.02:
"Whoever shall resist, obstruct, or oppose any officer ... in the lawful execution of any legal duty, without offering or doing violence, shall be guilty of a misdemeanor of the first degree."
We represented a young man near Key Largo who filmed a boarding with his phone and questioned the FWC officer's authority. The officer charged him with obstruction. We demonstrated that the officer never articulated a specific order that the client disobeyed, and the filming was lawful. Charge dismissed.
Why You Need a Private Attorney: These are highly discretionary charges. A private attorney can file motions to dismiss or suppress if officers overstep their legal boundaries.
Weapons and Firearms Charges – Florida Statute §790.25 & Federal Laws
It's legal to carry firearms in Florida under certain conditions, but carrying a concealed weapon without a permit or displaying a weapon improperly while boating can lead to criminal charges.
Florida Statute §790.25(3):
"The lawful ownership, possession, and use of firearms and other weapons ... including, but not limited to, lawful hunting, target shooting, fishing, camping, or lawful self-defense, shall not be prohibited."
However, concealed carry requires a valid permit unless you're engaged in fishing or camping. Misinterpretation of this exception has led to arrests.
We defended a boater arrested after flashing a handgun during an argument with another vessel's occupant. The state tried to argue brandishing. We showed it was a brief defensive display during a credible threat. Charges were reduced.
Why You Need a Private Attorney: Firearm charges often depend on subjective officer interpretations. An experienced defense lawyer can present your side clearly and secure reductions or dismissals where justified.
Real Case Example: BUI and Obstruction Dismissed
One of our most memorable cases involved a client in Fort Myers who was arrested for both BUI and obstruction after a July 4th weekend incident. He had a few beers but was not impaired. FWC boarded for a safety check and claimed he became argumentative. After reviewing body cam footage and challenging the probable cause for field sobriety tests, we secured dismissal of both charges. This client nearly lost his professional license because of the arrest.
Why You Need a Private Attorney—Not Just Any Lawyer
Boat-related charges are complex. They involve overlapping federal, state, and maritime laws. The enforcement context is unique. Sobriety tests are less reliable on a moving vessel. Officers sometimes exceed their authority. And the penalties can damage your record, license, career, and reputation.
As private attorneys, we devote the time and resources necessary to evaluate every angle. We don't accept assumptions made by officers. We file motions. We litigate. We win dismissals because we fight harder.
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.
FAQs – Florida Boat-Related Criminal Charges
Can I Refuse a Boat Search by FWC?
In Florida, officers with the FWC and other maritime agencies have broader authority than land-based police when it comes to vessel inspections. Under federal and Florida law, they can board your boat without a warrant for safety checks. However, they cannot exceed the scope of the inspection without probable cause. If they shift from safety to criminal investigation without a valid basis, that's where your Fourth Amendment rights come in. We challenge those cases all the time.
Do I Have to Do Field Sobriety Tests on a Boat?
Field sobriety tests are not mandatory. And they're extremely unreliable when conducted on a moving or rocking vessel. Many officers don't even know the proper procedures for marine-based sobriety tests. You have the right to respectfully decline. If you do submit, we can often challenge the results in court due to poor conditions and improper administration.
Will a BUI Conviction Affect My Driver's License?
Yes. A BUI conviction in Florida can impact your boating privileges and even your driver's license in some cases. Penalties may include mandatory substance abuse courses, probation, or even jail. And the BUI stays on your record like a DUI. That's why fighting these charges is so important, especially if you're a licensed professional or operate boats commercially.
Can I Be Arrested for Drugs Found in a Tackle Box?
Yes. Possession charges in Florida depend on where the drugs are found and who had access. If marijuana or another controlled substance is located on your vessel—even tucked away in a tackle box—you can be charged with constructive possession if prosecutors believe you had control or knowledge. We often fight these cases by attacking the link between you and the contraband.
Is Drinking on a Boat Illegal in Florida?
Drinking alcohol while on a boat is not illegal for passengers. Operators can also drink, but only up to the legal limit. The moment alcohol impairs your normal faculties or your BAC hits 0.08, it becomes criminal. Enforcement is subjective, and BUI arrests often depend more on officer opinion than hard science. That's why it's critical to consult a defense lawyer immediately.
What Should I Do If I'm Charged After a Boating Stop?
Remain calm. Do not argue or resist. Request an attorney immediately. Do not answer questions beyond identifying yourself. The sooner you call us, the sooner we can begin gathering evidence, identifying legal defenses, and working toward dismissal or reduction of the charges.
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