Understanding Florida's Definition of "Vessel" and How It Impacts Your Boating Under the Influence (BUI) Charge

When you think of a DUI, you probably picture a car or truck, but Florida law also applies DUI regulations to boats. Boating Under the Influence (BUI) is a serious offense in Florida, and it's important to know the full scope of what constitutes a "vessel" under these laws. You may be surprised to learn that the term "vessel" in Florida's BUI laws extends far beyond traditional boats.

As a criminal defense lawyer specializing in DUI and BUI cases, I've helped many individuals facing BUI charges. From personal experience, I know how confusing it can be to understand exactly what is considered a "vessel" and how it impacts the charges against you. Let's walk through Florida's BUI laws, specifically focusing on the legal definition of "vessel," common defenses, and why you need a private attorney to help you fight these charges.

What Is a "Vessel" Under Florida Law?

Florida Statutes § 327.02(38) defines a "vessel" as:

"Every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water."

This definition is broad. It includes traditional boats, kayaks, canoes, jet skis, and even personal watercraft (PWCs) like Sea-Doos and WaveRunners. If it's used to transport people or property on water, it's considered a vessel under Florida law, and if you're operating that vessel while impaired, you can be charged with BUI.

Breaking Down the Statutory Language

Let's break down some of the key aspects of the § 327.02(38) definition:

  • "Every description of watercraft": This phrase means that it doesn't matter what type of boat or watercraft you're operating, from large yachts to small dinghies. Anything that floats and moves people or goods over water qualifies.
  • "Other than a seaplane on the water": While seaplanes may be capable of traveling on water, they are excluded from this definition. So, operating a seaplane while impaired would fall under aviation laws, not BUI laws.
  • "Used or capable of being used": This includes vessels that might not be actively moving but are capable of being used as a means of transportation, like a boat that is docked or anchored. The vessel doesn't need to be in motion for BUI laws to apply.

Real-Life Example: A Case I Won

I once represented a client who was charged with BUI while operating a jet ski. The client was at a popular Florida beach, and after a few hours on the water, police officers stopped him when they saw him circling the area erratically. Despite the fact that my client was parked and not actively moving the jet ski when the police approached, he was arrested for BUI because the police argued that he was operating a "vessel" while impaired.

After a thorough investigation and a challenge to the arrest, we were able to show that my client's physical control of the jet ski was not impairing his ability to operate it, as he was simply idle on the water. In this case, the charges were dropped after we demonstrated that there was insufficient evidence to prove impairment while on the water.

This case illustrates how important it is to have a defense attorney who understands Florida's broad definition of a vessel and who can challenge the evidence brought against you.

BUI Charges: Operating a "Vessel" While Impaired

Florida Statutes § 327.35 makes it illegal to operate a vessel while under the influence of alcohol or drugs. This statute mirrors the DUI statute for cars, with penalties and enforcement designed to keep the waterways safe.

If you're found to be operating a vessel with a blood alcohol content (BAC) of 0.08% or higher, you can face BUI charges, which can carry serious penalties. But, as in DUI cases, the state must prove that you were indeed operating the vessel while impaired, and not just near it or parked.

A vessel can also be considered "under operation" if you are the one with control of it, whether you're sitting at the helm, standing near the controls, or even just holding the keys while being impaired. This is why it's so important to understand how your interaction with the vessel is viewed under the law.

Common Defenses in BUI Cases

If you've been charged with a BUI in Florida, there are several defenses that may apply to your case:

  1. Lack of Operation: You may be able to argue that you were not operating the vessel at the time of the stop. This could be the case if you were simply anchored or moored and not actively steering or using the controls. It's important to point out that just being near or on the vessel doesn't necessarily mean you were in "actual physical control" of it.
  2. Improper Arrest or Seizure: A common defense is that the officers lacked probable cause for the arrest. This could include an unlawful stop of your vessel or improper administration of field sobriety tests. Without proper cause, any evidence obtained may be inadmissible in court.
  3. Faulty Field Sobriety Tests: Just like in DUI cases, field sobriety tests (FSTs) on the water can be challenged. Factors like the motion of the water, wind conditions, and even wearing a life jacket can all interfere with these tests and provide reasonable grounds to challenge the arrest.
  4. Blood Alcohol Content (BAC) Results: If the BAC test is administered, there may be issues with the equipment calibration, timing of the test, or chain of custody, which could invalidate the results. A Florida BUI defense attorney will closely review the testing process to ensure your rights were not violated.
  5. Medical Condition: Some medical conditions, such as vertigo, diabetes, or even fatigue, can cause symptoms that mimic impairment, like unsteady movement or slurred speech. If you have a medical condition that contributed to the symptoms observed by officers, this could form the basis of a defense.

Why You Need a Private Attorney in a BUI Case

In Florida, BUI charges are treated seriously. Convictions can result in fines, license suspension, community service, and even jail time in certain cases. Since Florida has some of the most active recreational waterways in the country, law enforcement regularly patrols marinas, beaches, and inland lakes for BUI offenses.

This is where having a private attorney becomes essential. Here's why:

  • Case Review: I'll evaluate your arrest from start to finish — from how the officers stopped your vessel to the conditions under which the tests were administered. I look for every legal flaw in the process that might help reduce or dismiss your charges.
  • Field Sobriety Test Expertise: I'm trained to recognize when field sobriety tests or blood alcohol tests have been improperly administered. I understand how to challenge the credibility of the officer's observations.
  • Thorough Investigation: If there are medical or environmental factors that may have contributed to your symptoms, I'll get the medical records, hire experts, and bring them into your defense.

Hiring a private defense attorney means that someone will be working with you personally to protect your rights. Unlike public defenders, who often have large caseloads and limited time, I make sure to dedicate the resources to your case that it deserves.

Relevant Florida Statutes

Let's break down some of the most important statutes that apply to BUI cases in Florida:

  • § 327.02(38) – Defines "vessel" broadly to include every description of watercraft.
  • § 327.35 – Florida's BUI statute that makes it unlawful to operate a vessel while under the influence of alcohol, drugs, or a combination of both.
  • § 316.193 – The DUI statute for motor vehicles that closely parallels the BUI statute, specifically defining impairment and BAC levels.
  • § 327.353 – Imposes additional penalties if a vessel is used for commercial purposes while under the influence.
  • § 327.30 – Requires officers to provide a clear and proper procedure for sobriety testing.

Final Thoughts

If you've been charged with Boating Under the Influence (BUI) in Florida, remember that it's not just about whether you were driving the vessel — it's about whether you had control of it while impaired. The broad definition of "vessel" can sometimes work against you, but it's also an opportunity for a solid defense.

Whether you were operating a boat, jet ski, or even a paddleboard, you need an experienced attorney to assess the facts of your case, challenge the evidence, and fight for your rights.

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 – Boating Under the Influence (BUI) in Florida

What is considered a vessel under Florida law?

Florida law defines a vessel as any watercraft used for transportation on water. This includes traditional boats, personal watercraft like jet skis, and even paddleboards. If it moves people or goods over water, it's considered a vessel under Florida BUI laws.

Can I be arrested for BUI if I'm parked on my boat?

Yes, you can still be arrested for Boating Under the Influence if you are impaired and in control of the vessel. The key factor is whether you have the ability to operate the boat, even if you're not moving it at the time.

What defenses can be used in a BUI case?

There are several defenses, including challenging whether you were truly operating the vessel, questioning the reliability of field sobriety tests, challenging the BAC test results, or arguing that a medical condition caused symptoms that appeared to be impairment.

What happens if I refuse a breath or blood test after being arrested for BUI?

Refusing a breath or blood test can result in penalties, including a suspension of your boating privileges. However, it may also weaken the state's case since they won't have solid evidence of your BAC or drug levels.

What penalties do I face if convicted of BUI in Florida?

Penalties include fines, jail time, community service, mandatory boating safety courses, and potential suspension of your boating privileges. A second offense may lead to harsher penalties, including longer license suspensions and possible longer jail time.

Do I need an attorney for my BUI case?

Yes, a private attorney can help challenge the evidence, investigate the circumstances of your arrest, and ensure that your rights are protected throughout the process. Having a lawyer who understands Florida's BUI laws can make all the difference in how your case turns out.

Call Musca Law 24/7/365 For A 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.