Arrested on the Water? A Florida BUI Defense Attorney Can Help You Protect Your Rights, Your Record, and Your Freedom

When you think of DUI, you probably picture a traffic stop on a highway. But in Florida, you can also be arrested for impaired operation of a watercraft. As a Florida BUI Defense Attorney, I represent individuals who were stopped while boating—often during weekends, holidays, or fishing tournaments—and suddenly found themselves in legal jeopardy.

Florida law treats Boating Under the Influence (BUI) just as seriously as a DUI. In fact, many of the penalties mirror DUI consequences, including potential jail time, probation, and fines. What makes BUI unique is that enforcement happens on the water, often with different field sobriety testing methods, vague probable cause claims, and jurisdictional issues between agencies like the FWC (Florida Fish and Wildlife Conservation Commission) and local marine patrol units.

Let’s walk through what BUI actually means under Florida law, what the prosecution must prove, and how I defend my clients in these highly technical cases.

Florida Law on Boating Under the Influence

Under Florida Statute § 327.35, boating under the influence is defined similarly to DUI, but it applies specifically to anyone operating a vessel:

“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.”

Florida defines “vessel” broadly, covering motorboats, personal watercrafts (jet skis), sailboats, and more.

Penalties for a BUI in Florida

For a first-time BUI offense, the penalties under § 327.35(2) include:

  • A fine between $500 and $1,000

  • Up to 6 months in jail

  • 50 hours of community service

  • A 10-day impoundment of the vessel

  • Mandatory substance abuse evaluation and treatment if recommended

If your blood alcohol level was 0.15 or higher, or if you had a passenger under the age of 18, you face enhanced penalties under § 327.35(3):

  • A fine between $1,000 and $2,000

  • Up to 9 months in jail

For second, third, or felony-level BUI offenses (such as causing serious bodily injury or death), the stakes rise dramatically. You could face:

  • Up to 5 years in prison

  • Felony convictions that follow you for life

  • Loss of boating privileges

  • Civil lawsuits for injury or wrongful death

Common Defenses to BUI Charges in Florida

BUI cases are often more defensible than people realize. Unlike DUIs, where the law presumes field sobriety tests occur on dry land and are somewhat standardized, marine conditions introduce numerous variables. Here are several common defenses I use in Florida BUI cases:

1. Improper Stop or Lack of Reasonable Suspicion

Law enforcement must have a lawful reason to stop your boat unless conducting a lawful administrative inspection. I often challenge the constitutionality of the stop itself.

2. Unreliable Field Sobriety Testing

Trying to perform physical tasks on a moving boat—or shortly after stepping off one—is not a reliable indicator of impairment. Fatigue, sun exposure, dehydration, and boat sway can all mimic impairment symptoms.

3. No Proof of Operation

Just being on a boat or near the helm does not prove you were “operating” the vessel as required by law. I've successfully argued that someone else was in command or that my client had no intention of operating the vessel again that day.

4. Inaccurate Breath or Blood Tests

Marine environments make it difficult to maintain and calibrate breathalyzers. Chain of custody errors and improper procedures with blood draws are common in BUI investigations.

5. Failure to Follow Implied Consent Procedures

Florida’s implied consent law (§ 327.352) allows officers to request a breath, blood, or urine test, but they must read specific warnings and follow legal procedures. Failure to comply may render results inadmissible.

A Real Case I Defended—and Won

One of my clients was arrested during a July Fourth boat stop off the coast of Clearwater. He had been celebrating with friends and drinking beer throughout the day. After being stopped by a joint task force of FWC and sheriff’s marine deputies, he was accused of BUI based on watery eyes, unsteady stance, and alleged slurred speech.

They administered a portable breath test, which showed a BAC of 0.10. He was arrested and charged with first-offense BUI.

We filed motions to suppress based on an unlawful stop and improper breath test calibration. We obtained maintenance logs showing the marine breathalyzer hadn’t been serviced in over eight months. Additionally, the officers failed to record the actual administration of the test and didn't offer a second chemical test, as required.

The judge excluded the breath test results, and the prosecution ultimately dropped the charge after I showed video footage proving my client’s demeanor was calm, responsive, and not impaired.

Why You Need a Private Florida BUI Defense Attorney

Public defenders, while capable, are often overwhelmed and don’t have the time to dissect breathalyzer calibration logs or challenge probable cause in court. A private attorney can immediately begin preserving evidence, interviewing witnesses, and filing the appropriate motions.

In a BUI case, the stakes are not just criminal. Your job, insurance rates, boating privileges, and future opportunities are all on the line. If someone was injured, you're also exposed to civil liability and restitution demands.

I work quickly to challenge weak or unlawful stops, discredit shaky field sobriety observations, and ensure that every detail—from blood test chain of custody to officer body cam footage—is scrutinized.

Florida Statutes Relevant to BUI Charges

Here are additional statutes that may apply to your case:

  • § 327.352 – Implied Consent for BUI Testing

    “A person who operates a vessel upon the waters of this state is deemed to have given consent to submit to an approved chemical or physical test.”

  • § 327.353 – Presumption of Impairment

    “If there was at the time 0.08 or more grams of alcohol per 100 milliliters of blood or 210 liters of breath, it shall be presumed the person was under the influence.”

  • § 327.354 – Refusal to Submit to Testing

    “Refusal to submit to testing under this section is admissible into evidence and can result in civil penalties.”

Florida BUI Defense FAQs

What is the difference between DUI and BUI in Florida?
While both offenses penalize impaired operation, DUI applies to vehicles on land and is governed under § 316.193, whereas BUI involves vessels and is regulated by § 327.35. The procedural differences also include different arresting agencies (such as FWC), varying standards for sobriety tests, and differences in license suspension consequences (a BUI does not suspend your driver’s license in most cases).

Can I refuse a breath or blood test if stopped for BUI?
You technically can refuse, but under Florida’s implied consent statute (§ 327.352), refusal is admissible as evidence and may result in fines or other consequences. However, improper procedures during a test request can lead to suppression of your refusal in court, which is one avenue I explore when building your defense.

Do I need a lawyer if this is my first BUI?
Yes. Even first-time offenders face jail, high fines, boat impoundment, and a criminal record. Many people assume they can explain their way out, but once you’re charged, it becomes a matter of law—not explanation. I’ve helped many first-time clients get their charges reduced or dismissed by identifying weak points in the government’s case early.

What happens if someone got hurt in the BUI incident?
If another person was injured, your charge can be enhanced to felony BUI under § 327.35(4)-(6). This could mean up to five years in prison or more, depending on the injuries. Even if the injury was accidental, prosecutors can pursue harsh penalties. That’s why early legal intervention is critical.

Can I go boating again if I’ve been charged with BUI?
In many cases, the court may restrict your boating privileges as a condition of bond or probation. However, these conditions can often be challenged or modified. I’ve helped clients retain limited-use boating privileges or get full restoration after completing required classes or treatment programs.

How is impairment measured on the water?
Unlike roadside DUIs, there’s no standardized “walk and turn” or “horizontal gaze nystagmus” that applies well to boating. Officers often rely on vague signs like swaying, balance issues, or sun exposure symptoms. I often challenge these indicators as unscientific and not tied directly to alcohol impairment.

Does a BUI affect my driving record or car insurance?
Not always. Unlike a DUI, a BUI typically doesn’t result in driver’s license suspension unless you refuse testing in certain ways. However, it’s still a criminal charge and can show up on background checks and raise flags for insurers.

Call a Florida BUI Defense Attorney Today Before Evidence Disappears

BUI charges move quickly and the evidence—such as breath test maintenance logs, bodycam footage, and GPS data—can disappear or become harder to access within days. That’s why it’s critical to act immediately.

If you’ve been arrested on the water, you don’t have time to wait and see what happens. The best results come when your defense begins before the prosecutor has even filed charges.

Let me fight for your rights and build a defense that gives you a real chance to move on with your life.

Call Our Florida BUI Defense Attorney at 24/7/365 by calling 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.