What is Boating Under the Influence (BUI) in Florida?

At “My DUI Guy” a Division of Douglas Law Firm we specialize in BUI’s. Boating Under the Influence (BUI) is a serious criminal offense in Florida, governed by Florida Statute § 327.35. It occurs when a person operates or is in actual physical control of a vessel while impaired by alcohol, controlled substances, or other chemical or impairing substances.

A person is considered impaired if:

• Their blood or breath alcohol concentration (BAC) is 0.08% or higher, or
• Their normal faculties are impaired due to alcohol, drugs, or chemicals (even if BAC is below 0.08%).

Florida treats BUI with the same seriousness as Driving Under the Influence (DUI). Boating accidents often result in severe injury or death due to open water conditions. BUI applies to all vessels, including boats, jet skis, sailboats, and even non-motorized vessels if you're in control while impaired.

How Can Law Enforcement Stop Your Boat?

Significant changes took effect on July 1, 2025, under the Boater Freedom Act (SB 1388). Florida Fish and Wildlife Conservation Commission (FWC) officers and other law enforcement can no longer stop or board a vessel solely for random safety or marine sanitation equipment inspections without probable cause of a violation.

This eliminates the prior common practice of "safety checks," which frequently led to BUI investigations.

Officers can still lawfully stop boats for:

• Observed violations (e.g., reckless operation, speeding, improper navigation lights, or wake violations).
• Fisheries and Resource Inspections: Officers retain full authority to stop and inspect if they have reasonable suspicion that you've been fishing or harvesting marine resources. Visible indicators like fishing rods, cast nets, spears, coolers (that could contain fish), tackle boxes, bait buckets, or harvesting gear provide the basis for these stops.
• This fisheries inspection authority remains unchanged and applies to boats on the water and vehicles/trailers at boat ramps or access points.

To reduce equipment checks, the law created the "Florida Freedom Boater" decal program. Boaters can self-attest to safety equipment compliance during vessel registration/renewal and receive a multi-year decal. Vessels displaying a valid decal cannot be stopped solely for safety equipment verification unless there's reasonable suspicion of a violation.

These changes give boaters more protection from random stops while preserving enforcement of fishing laws and observed violations.

Penalties for BUI in Florida

BUI penalties mirror DUI and escalate based on priors, high BAC, minors on board, injury, or death. As of October 1, 2025, Trenton's Law further increased penalties for repeat offenders in fatal cases.

Standard penalties (as of December 2025):

• First Offense: Misdemeanor: Up to 6 months jail, fines $500–$1,000, probation up to 1 year, 50 hours community service, substance abuse evaluation/course, vessel impoundment (10 days).
• Second Offense: Misdemeanor: Up to 9 months jail, fines $1,000–$2,000, vessel impoundment (30 days).
• Third Offense: (within 10 years of prior): Third-degree felony – Up to 5 years prison, fines up to $5,000, vessel impoundment (90 days).
• Fourth or Subsequent Offense: Third-degree felony: Up to 5 years prison, minimum $2,000 fine.

Enhancements

• BAC =0.15% or minor on board: Higher fines (up to $2,000–$4,000), longer jail/probation.
• Serious bodily injury: Third-degree felony (up to 5 years prison).
• Death (BUI manslaughter): Second-degree felony (up to 15 years prison). Under Trenton's Law, if you have a prior DUI/BUI manslaughter or similar offense, this elevates to first-degree felony (up to 30 years prison).

Additional consequences: Permanent criminal record, increased insurance rates, potential professional license impacts, and mandatory ignition interlock (in some cases).

How Does a BUI Affect Your Florida Driver's License?

A standard BUI conviction does not result in automatic suspension or revocation of your Florida driver's license. Florida does not require a state-issued license to operate most recreational vessels, so penalties target boating privileges, criminal sanctions, and fines—not your car driving privileges.

Key points:

• No direct driver's license suspension from a BUI conviction alone.
• However, a BUI counts as a prior offense for future DUI charges (and vice versa). A subsequent DUI could then face enhanced penalties, including mandatory license suspension.
• Refusal to submit to breath/blood/urine testing in a BUI arrest does not trigger driver's license suspension (unlike DUI), but may result in a $500 fine and evidentiary use at trial.
• In extremely rare aggravated cases (e.g., involving death and priors under Trenton's Law), indirect impacts could arise, but no automatic suspension applies.

Always verify with current records, as laws evolve.

Common Defenses in BUI Cases

BUI arrests often hinge on the validity of the stop, field sobriety tests (challenging on a moving vessel due to waves/sun/fatigue), and chemical test accuracy. Post-2025 changes open new defenses:

• Challenging unlawful stops under the Boater Freedom Act (no probable cause).
• Arguing lack of "actual physical control."
• Questioning impairment evidence or test procedures.

Why You Need an Experienced BUI Defense Attorney

With heightened enforcement during holidays, spring break, summer time, and events like Operation Dry Water, BUI charges are common. The 2025 laws create new opportunities to fight cases but also harsher outcomes in aggravated scenarios.

At "My DUI Guy," a Division of Douglas Law Firm, we specialize in BUI and DUI defense statewide. We scrutinize every detail—from the stop to testing—to protect your rights, record, and freedom.

If you've been charged with BUI, contact “My DUI Guy” a Division of Douglas Law Firm immediately for a free consultation. Our experience has shown that early intervention often yields the best results.