Florida is known for its beautiful waterways, making boating a popular recreational activity all over the state. As a result, Floridians and visitors alike need to understand their rights and responsibilities when operating watercraft.
For example, allegedly operating a boat while under the influence of alcohol or drugs can result in serious legal consequences. Florida has enacted strict laws against boating under the influence (BUI), and those charged with this offense risk penalties similar to those for driving under the influence (DUI).
Florida law defines boating under the influence as operating a vessel while impaired by alcohol, substances likely to cause impairment or a combination of both. A person can be charged with BUI if:
- Their blood alcohol concentration (BAC) is 0.08% or higher
- Their judgment and/or physical reactivity are impaired by alcohol or drugs
Law enforcement officers have the authority to stop boats and conduct safety checks at any time. If they suspect a boat operator is impaired, they can administer field sobriety tests and request a breath or blood test to determine BAC levels.
Penalties for BUI in Florida
The penalties that may be imposed in the event of a BUI conviction depend on several factors, including prior offenses, BAC levels and whether the incident resulted in injuries or property damage.
- First offense: A fine between $500 and $1,000, up to six months in jail, and mandatory boating safety courses
- Second offense: A fine between $1,000 and $2,000, up to nine months in jail, and possible impoundment of the vessel at issue
- Third offense (within 10 years): A third-degree felony with fines up to $5,000 and a prison sentence of up to five years
Enhanced penalties may apply if the operator’s BAC is 0.15% or higher, if a minor was on board or if the incident caused serious injury or death. In cases involving fatalities, BUI can lead to manslaughter charges, which can result in severe prison sentences.
Defending against a BUI charge
A BUI charge does not automatically result in a conviction. Several defense strategies may be available to a defendant, depending on the circumstances of their arrest. Some possible defenses include:
- Challenging the legality of the stop and arrest
- Questioning the accuracy of field sobriety or breathalyzer tests
- Demonstrating that the operator was not in control of the vessel at the time of alleged impairment
- Proving that medical conditions or external factors affected the test results
Seeking legal guidance is a good way to determine what defenses are going to be most appropriate given an individual’s unique circumstances.
