Understanding BUI Charges, Penalties, and Your Legal Options with a Florida BUI Defense Attorney
As a Florida BUI Defense Attorney, I regularly represent individuals who are arrested for operating a boat while impaired by alcohol or drugs. Most people are surprised to learn that Florida treats boating under the influence very seriously, and the penalties can be just as harsh as a DUI on land. Whether your BUI arrest happened on the Intracoastal in Miami, a fishing boat near Tampa, or a weekend outing on Lake Okeechobee, the law does not give you a pass just because you were on the water. I want you to know your rights and the defenses available to you. The State of Florida must prove its case, and you have the right to fight back.
Let's start by looking at how Florida defines Boating Under the Influence.
Florida Statute § 327.35 – The Law on Boating Under the Influence
Florida law governing BUI is outlined under § 327.35 of the Florida Statutes. 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, 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."
This statute mirrors Florida's DUI laws, but the setting on the water presents unique enforcement issues. Officers with the Florida Fish and Wildlife Conservation Commission (FWC), local marine units, or the U.S. Coast Guard often conduct stops without the same legal standards required for vehicle stops on land. That creates an opening for legal defense.
Penalties for BUI in Florida
If convicted of a first-offense BUI in Florida, the penalties can include:
- Up to 6 months in jail
- A fine between $500 and $1,000
- Mandatory substance abuse education
- Probation and community service
- Vessel impoundment
- Possible loss of boating privileges
The penalties increase sharply for:
- A BAC of 0.15 or more
- Causing property damage or injury
- Prior BUI or DUI convictions
- Having a child under 18 on board
A second BUI conviction can lead to up to 9 months in jail and fines up to $2,000. A third BUI within 10 years may be charged as a third-degree felony, punishable by up to 5 years in prison.
If someone is seriously injured or killed in a BUI-related accident, the charges escalate to felony levels such as BUI with serious bodily injury or BUI manslaughter, both of which carry prison time.
This is why hiring a private attorney with experience defending BUI cases is essential. The stakes are high, and the law is complex.
Real Case Example: Charges Dropped After Illegal Stop
One of my clients, a 38-year-old man from Clearwater, was operating his personal fishing boat on the Gulf. Officers with the FWC initiated a vessel stop, claiming they were conducting a safety inspection. During that interaction, the officers alleged that my client had glassy eyes, slurred speech, and smelled of alcohol. They asked him to perform field sobriety tests on the boat, and later arrested him for BUI after he allegedly refused a breath test.
When I got involved, I immediately reviewed the stop and the probable cause affidavit. We filed a motion to suppress all evidence on the grounds that the stop was not based on valid suspicion of any criminal offense, and the FWC officers exceeded their authority during what was supposed to be a limited safety check. After a hearing, the court agreed. The State dropped the BUI charge entirely.
This is just one example of how important it is to have a private attorney review every detail. Not all BUI arrests are lawful, and many cases fall apart when challenged.
Common Legal Defenses to BUI Charges in Florida
As a Florida BUI Defense Attorney, I focus on using proven legal defenses that can result in reduced penalties or even a full dismissal. Some of the most effective include:
Unlawful Stop by Marine Patrol or FWC
Law enforcement must have legal grounds to stop your vessel unless they are conducting a statutorily authorized safety check. If they exceed that scope without suspicion, the stop may be illegal, and all evidence collected afterward can be suppressed.
Improper Field Sobriety Exercises on a Boat
Field sobriety tests designed for use on solid ground are unreliable on the deck of a moving vessel. Performing balance-related tasks on a swaying boat cannot accurately measure impairment.
Inaccurate Breath or Blood Alcohol Testing
Issues with breath test calibration, operator certification, or chain of custody for blood samples can raise serious doubt about the reliability of the results.
No Proof of Impairment
If prosecutors cannot prove that your normal faculties were impaired, they may not meet the burden of proof required for a conviction.
Medical Conditions
Conditions like diabetes, neurological disorders, or fatigue from prolonged sun exposure can mimic signs of impairment. We can provide evidence to show your behavior was misinterpreted.
No Actual Operation of the Vessel
Just being on a boat doesn't mean you were operating it. If someone else was driving or the engine wasn't running, that's a potential defense.
Why You Need a Florida BUI Defense Attorney Immediately
Boating under the influence charges can sneak up on people who didn't even know they were breaking the law. You may not even be offered a roadside breath test, and the relaxed environment on the water can make enforcement feel informal. But make no mistake—Florida aggressively prosecutes BUI cases.
Having a private defense attorney is critical because public defenders are often overloaded and may not have the bandwidth to explore all your defenses or challenge evidence aggressively. When I take on a case, I start by looking at the officer's basis for the stop, any procedural issues, and the admissibility of the breath or blood test. These cases are winnable if handled the right way.
Whether you are facing a first-time BUI, a felony-level BUI with injury, or a refusal to submit to chemical testing, you need legal representation from a lawyer who understands both Florida's criminal code and the unique nature of marine enforcement.
Additional Relevant Statutes to Consider
In addition to § 327.35, there are other Florida statutes that may apply depending on the facts:
- § 327.352 – Governs chemical or physical testing for BUI suspects.
- § 327.354 – Sets penalties for refusal to submit to chemical testing.
- § 327.50 – Establishes safety equipment standards, which may be the basis of the initial vessel stop.
- § 316.1939 – Covers refusal to submit after license suspension or prior DUI/BUI offenses, which may enhance penalties.
These laws are tightly interwoven, and the State often uses multiple statutes to build their case. That's where a skilled defense attorney makes the difference.
Florida BUI Defense Attorney – FAQs
What is considered "operation" of a boat under Florida BUI law?
Operation includes steering, navigating, or otherwise controlling the vessel's movement. You don't have to be going full speed. Even idling, anchoring, or being in control of the ignition may count as operation under the statute.
Can I be charged with BUI if I'm anchored?
Yes, you can be charged with BUI even if you're anchored, depending on the circumstances. If law enforcement believes you operated the boat shortly before anchoring while impaired, they may still bring charges.
Do I have the right to refuse a breath test on a boat?
Yes, but it comes with consequences. Florida Statute § 327.352 states that refusal can result in a civil penalty of $500 and may be used against you in court. A second refusal can be a misdemeanor.
Can passengers drink alcohol on a boat in Florida?
Yes, passengers can legally consume alcohol. However, the operator must not be impaired. Officers may assume the person near the controls is the driver, so you should be careful about who appears to be in command.
What if I was taking prescription medication and got charged with BUI?
Prescription drugs can lead to impairment and BUI charges, especially if taken in combination with alcohol. However, having a valid prescription and lack of warning labels may be used as a defense if impairment was not foreseeable.
How does a BUI affect my driver's license?
Unlike a DUI, a BUI conviction does not automatically suspend your Florida driver's license. However, refusal to submit to a chemical test in a BUI case can affect your boating privileges and may be considered in future DUI charges.
Is BUI a misdemeanor or felony in Florida?
Most first-offense BUIs are misdemeanors. However, if you have prior DUI or BUI convictions, or if someone was injured or killed, the charge may be upgraded to a felony, which includes potential prison time.
Will I have to go to jail for a first-time BUI?
It depends on your BAC level, whether there were any aggravating factors, and how your case is handled. With legal representation, jail time can often be avoided for first-time offenders.
Florida BUI Defense Attorney – Call for Your FREE Consultation
If you were arrested for boating under the influence in Florida, don't take the charges lightly. I have helped clients across Florida challenge BUI arrests, suppress illegally obtained evidence, and beat or reduce charges. Each case is unique, and your defense must be tailored to the facts.
If you want a real defense, not just a plea deal, call me. Let's talk confidentially about what happened and start building your case.
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 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.