Definitions for Boating Under Influence (BUI) Statute
Adjudication – In Florida, any defendant that pleads guilty or no contest to boating under the influence (BUI) will be adjudicated guilty of the offense. Adjudication is mandatory under Florida Statute Section 327.36.
Probation – Under Florida law, all individuals that enter a plea of guilty or no contest to BUI must be placed on monthly reporting probation under Florida Statute Section 327.35(5).
Substance Abuse Course – DUI program-sponsored course and psychosocial evaluation must be imposed in all cases as a condition of probation under Florida Statute Section 327.35(5). Treatment may be waived by the court, but only after independent psychosocial evaluation and the court’s review of both evaluations under Florida Statute Section 327.35(5).
Community Service – The court must impose a minimum of 50 hours of community service for a first-time offender convicted of boating under the influence (BUI). Florida law does not have a buy-out provision that is expressly included in Florida’s DUI statute. See Florida Statute Section 327.35(6)(a).
License Suspension – A conviction for boating under the influence (BUI) does NOT provide for a driver’s license suspension.
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. See Florida Statute Section 327.35, 352.253, and 327.354.
- 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 tools the time for payment.
- Operating a water vehicle or vessel without paying the civil penalty is a first-degree misdemeanor.
Ignition Interlock Device – Florida law has NO provision for an ignition interlock device in a BUI case.
Impoundment / Immobilization – The court must order the impoundment of the vessel used in the incident or any other vehicle registered in the defendant’s name.