Understanding which agencies may make a BUI arrest, what statutes govern them, and why hiring private counsel matters at every stage.

I've handled dozens of boating under the influence ("BUI") cases across Florida. Here's what you need to know, told clearly and honestly, with quotes from the laws themselves so you understand your rights, and where hiring your own attorney can make the decisive difference.

Which Agencies Can Make a BUI Arrest

Under Florida law, Chapter 327 governs boating safety, and Section 327.35 makes it a crime to operate a vessel under the influence. Enforcement is shared among several agencies:

  • The Florida Fish and Wildlife Conservation Commission, through its Division of Law Enforcement, has jurisdiction specifically over state waters for BUI arrests.
  • County sheriffs, municipal police departments, and other officers as defined in s. 943.10 also has the authority to enforce Chapter 327 offenses, including BUI.
  • Additionally, the U.S. Coast Guard can enforce BUI under federal law when vessels are off U.S. shorelines or in federal jurisdiction waters.

In plain terms, if you're boating on a lake, river, or intracoastal canal, FWC troopers, local county sheriff deputies, or city officers can pull you over and arrest you for BUI. On the open ocean or federal waterways, the Coast Guard may step in. Hiring a private attorney matters because each agency follows different procedures, you may face differing evidence rules, and the experience of your counsel can challenge improper searches or test protocols specific to the agency involved.

Statutes That Govern BUI Arrests

Here's the text you should know:

Florida Statute 327.35(1) says a person is guilty of BUI if they are operating a vessel and:

"(a) … under the influence of alcoholic beverages… when affected to the extent that the person's normal faculties are impaired; (b) blood‑alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) breath‑alcohol level of 0.08 or more grams per 210 liters of breath."

That means impairment, or a .08+ BAC, even on a boat is enough. It's essential to have a lawyer review whether the evidence supports what the officer says occurred, including whether observational impairment or chemical tests were handled correctly.

Implied Consent and Refusal Penalty

Florida's implied consent laws extend to BUI. Section 327.352 requires that chemical or physical tests be administered incident to a lawful arrest by a qualified officer.

If you refuse to test after lawful arrest under section 327.352, you face a civil penalty of $500, and repeated refusals can escalate to misdemeanor charges if you've previously refused per Fla. Stat. 327.35215 and 327.359 (effective Oct. 2021).

What an attorney does: review whether the arrest was lawful, whether your warnings were proper, and whether the form was completed correctly. I've seen refusals thrown out where the officer failed to follow procedure, and avoided that fine and misdemeanor altogether.

Defenses That Might Apply

Here are defenses I often explore:

  • Lack of probable cause: Maybe you weren't driving the boat, or the stop was for a safety inspection with no evidence of impairment.
  • Improper testing: Breath devices must follow Department of Law Enforcement standards, and operators must be certified. If a device wasn't calibrated, the test may not be admissible.
  • Medical conditions or prescriptions: If impairment was due to legal medication, that can be a mitigating factor. Evidence may not support impairment.
  • Procedural violations: Errors in implied consent notices, forms, or failure to allow an independent test, these can get evidence suppressed.
  • Mistaken identity: Another person may have been operating, or boating conditions misread.

In each defense scenario, your private attorney can challenge the evidence early, negotiate down charges, or even get charges dismissed when mistakes are clear.

Why You Should Have a Private Attorney

Every agency, FWC, sheriff, police, Coast Guard, has lectures, training, and internal policies. A public defender or courthouse attorney may not identify issues specific to each.

When I take a case from the beginning, I:

  • Review FWC or agency internal files,
  • Scrutinize calibration logs for breath‑testing equipment,
  • Interview your witnesses to confirm who was operating,
  • File motions before trial to suppress illegal stops, refusals, or test protocols.

That early work can mean the difference between a conviction with jail, fines, boat impoundment, and the cleanest possible outcome.

Example Case I Won

I'll give you a real example, with identifying details omitted for confidentiality, but including the key facts.

A client was boating with friends on a small rental pontoon. FWC approached for a safety stop. An officer claimed the client smelled of alcohol, had bloodshot eyes, and began field sobriety tests. No accident, no erratic driving was alleged. The officer arrested him for BUI, and he refused the breath test.

I obtained the FWC internal log showing the Intoxilyzer 8000 had failed calibration checks on the day of the stop. The arrest report lacked a narrative of "impaired operation" beyond odor and red eyes. I filed a motion to suppress both the stop and any test or refusal. At a hearing, the judge granted the suppression: there had been no basis to detain, the device was unreliable, and the officer failed to document any unsafe boating behavior.

The state dismissed the case, no test, no arrest, no penalty. My client avoided the $500 refusal fine, avoided jail exposure, and preserved a clean boating and driving record. Had he not secured counsel who knew the testing equipment standards and FWC policies, the case likely would have proceeded to an expensive plea or conviction.

Related Statutes You Should Know

  • 327.353: Mandates blood testing in cases involving death or serious injury, and allows reasonable force if necessary. That situation brings additional legal complexity and rights to independent tests.
  • 327.35215 & 327.359: Cover refusal penalties and procedures I just described.

Your own lawyer will use those statutes to ensure that your rights are upheld at every step.

Musca Law, P.A. has a team of criminal defense attorneys ready to fight Florida BUI charges in any county. We're available any time, any day, across 30 office locations all over Florida. Don't face a BUI accusation alone, get experienced help now.

Florida BUI Defense FAQs

What if the Coast Guard arrested me for BUI on federal waters instead of FWC or local police?

In Coast Guard cases, federal law applies rather than Florida's statutes, but Florida still prosecutes many offshore cases under Chapter 327 if land-based evidence or docking occurs in state waters. Regardless, you need your own attorney to identify which jurisdiction applies, challenge federal or state procedures, and protect your rights under both.

Can I refuse field sobriety tests on a boat?

Yes. Only chemical testing is subject to implied consent. But refusal to do field exercises can be used by the state as evidence of impairment. A private attorney reviews whether those tests were conducted properly and whether they were even necessary, especially when conditions like a moving boat make testing unreliable.

My boat is a brand new rental, I wasn't operating, can I still be charged?

Yes. When the operator is unclear, law enforcement may arrest the owner or renter. A lawyer can gather witness statements, GPS/facility footage, or admissions to show you weren't in control, and get charges dismissed on that basis.

If the breath-testing device malfunctioned recently, can that get all the evidence thrown out?

Potentially. Florida law requires equipment to be approved and maintained per the Department of Law Enforcement. If logs show failure or the officer didn't follow the approved calibration process, results can be suppressed. That often leads to case dismissal or plea to lesser charges, and that's only possible with counsel who knows where to look.

Can I request an independent test at my own expense after a BUI arrest?

Yes. Section 327.352 entitles anyone arrested to attempt their own test, at their expense, and the officer must not interfere and must provide timely phone access to arrange that test.

I always ensure clients do this, it gives comparative evidence and bargaining power.

Why not just trust a public defender?

Public defenders are dedicated, but they manage high caseloads and may not have experience in BUI-specific statutes, FWC procedures, or testing-device issues. A private attorney like those at Musca Law will prioritize your case, spend time investigating FWC logs, test calibrations, your account of who was operating, and all procedural details. That individual attention often makes the difference between dismissal and conviction.

You're on the water, thinking one drink won't matter, but one mistake can lead to BUI charges that carry serious penalties. You deserve someone who knows the statutes (like 327.35, 327.352, 327.353, and refusal‑penalty laws), understands the agencies (FWC, sheriffs, Coast Guard), and will fight to protect your rights. If you're facing a BUI charge, don't wait, having your own skilled counsel from the start can protect your record, your boat, and your future.

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.