BUI Provisions and Penalties
Under 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:
- 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; or
- 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:
| Offense | Penalty | Fine | Imprisonment |
| 1st conviction | Misdemeanor | ≥ $500 ≤ $1,000 | up to 6 months |
| 2nd conviction | Misdemeanor | ≥ $1,000 ≤ $2,000 | up to 9 months |
| 3rd conviction > 10 years after prior conviction | Misdemeanor | ≥ $2,000 ≤ $5,000 | up to 12 months |
| 3rd conviction ≤ 10 years after prior conviction | 3rd degree felony | ≥ $2,000 ≤ $5,000 | up to 5 years |
| 4th or subsequent conviction | 3rd degree felony | ≥ $2,000 ≤ $5,000 | up to 5 years |
.02 Legal Limit for Boating Under 21 Years Old
Persons under the age of 21 the legal limit is .02%.