Boating Under the Influence (BUI) in FloridaIt is unlawful for anyone to operate a vessel within Florida while under the influence of alcohol or drugs to the extent that his or her normal facilities are impaired or has a Breath or Blood Alcohol Content (BAC) of .08 or above.
The definition of operate a vessel has a different definition than operating or being in actual physical control of a vehicle. Operating a vessel means “to be in charge of, command of or in actual physical control of a vessel upon the waters of this state, to exercise control over or have responsibility for the vessel's navigation or safety while the vessel is underway. . . or to control or steer a vessel being towed by another vessel.Implied Consent – Florida's implied consent statute applies to the breath test, urine test, or blood tests in BUI cases just as it does in DUI cases.
The defendant must be told that the failure to submit to a lawful test after a BUI arrest will result in a $500 civil penalty. The defendant must contest that penalty for refusing to take the breath, blood, or urine test within 30 days by requesting a hearing before a county court judge.
Requesting a hearing on the $500 civil fine stops the time for payment.Operating a water vehicle or vessel without paying the civil penalty is a first-degree misdemeanor.
BUI Provisions and PenaltiesUnder Florida Statutes Section 327.35, Boating Under the Influence (BUI) is illegal in Florida.At trial, the State may prove BUI in one of two ways:
1.When the person who operated a boat within the State of Florida is under the influence of alcoholic beverages or a chemical substance when affected to the extent that the person's normal faculties are impaired; or2.When the person has a blood-alcohol level (BAL) of 0.08 or Breath Alcohol Level is .08% or more.The sentence can be enhanced if the boat's operator has previously been convicted of BUI or DUI or any other similar alcohol-related or drug-related offense) in any state.Any conviction for BUI would include probation with a special condition that the defendant does the following: completes a substance abuse course;•undergo a substance abuse evaluation and any recommended follow-up treatment; and•perform at least 50 hours of community service; and•immobilize the boat or vessel for at least ten (10) days.
The penalties for BUI are:OffensePenaltyFineImprisonment1st convictionMisdemeanor≥ $500 ≤ $1,000up to 6 months
2nd conviction Misdemeanor≥ $1,000 ≤ $2,000up to 9 months
3rd conviction > 10 years after prior conviction Misdemeanor≥ $2,000 ≤ $5,000up to 12 months3rd conviction ≤ 10 years after prior conviction 3rd degree felony≥ $2,000 ≤ $5,000up to 5 years4th or subsequent conviction 3rd degree felony≥ $2,000 ≤ $5,000up to 5 years.02 Legal Limit for Boating Under 21 Years old Persons under the age of 21 the legal limit is .02%.