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Boating Under the Influence in Florida: The Consequences
Boating under the influence isn’t just illegal. It’s dangerous, reckless, and can ruin lives. While many boaters understand the dangers of drinking and driving a car, few seem to grasp that the same laws apply to operating a boat while intoxicated. A BUI conviction can have far-reaching consequences, and an attorney can protect your rights and minimize the long-term impact on your life.
What Is Boating Under the Influence (BUI)?
In Florida, it is illegal to operate a vessel while under the influence of drugs or alcohol. According to state law, a person is considered under the influence if their blood alcohol concentration (BAC) is 0.08% or higher, the same legal limit for driving a motor vehicle. A person can still be charged with BUI even if their BAC is below 0.08%, as long as law enforcement determines that their normal faculties are impaired.
Remembering that a “vessel” doesn’t just mean a speedboat is important. It includes jet skis, sailboats, kayaks, and any other watercraft capable of being used for transportation on water. If it floats and moves, the law applies.
The Immediate Consequences of a BUI
Being caught boating under the influence can have immediate repercussions. Law enforcement officers from local police, the Florida Fish and Wildlife Conservation Commission (FWC), or the Coast Guard can stop and board vessels to conduct safety checks and assess for signs of impairment.
If you are found to be intoxicated, you may be arrested on the spot. The penalties for a first-time BUI offense in Florida include fines between $500 and $1,000, up to 6 months in jail, probation for up to one year, 50 hours of community service, and the impounding or immobilizing of the vessel for ten days. The penalties become even more severe for those with a BAC of 0.15% or higher or if a minor was on board at the time.
Escalating Penalties for Repeat Offenders
Florida takes repeat offenses very seriously. If caught with a second BUI within five years, you can face fines between $1,000 and $2,000, mandatory jail time of at least 10 days, and up to 9 months in jail. A third BUI offense can be charged as a third-degree felony. This means fines of up to $5,000 and imprisonment for up to 5 years. A felony conviction can haunt you long after you’ve served your sentence, affecting job opportunities, housing options, and your right to vote or own a firearm.
When BUI Turns Deadly: Enhanced Penalties
The consequences become even more dire when a BUI results in an accident causing injury or death. In Florida, BUI causing property damage or minor injuries is a first-degree misdemeanor that may lead to 1 year in jail and a $1,000 fine. BUI that results in serious bodily injury is classified as a third-degree felony punishable by up to 5 years in prison and fines of $5,000. BUI manslaughter occurs when someone dies as a result of intoxicated boating. This second-degree felony may be punished by up to 15 years in prison and fines of $10,000. If you flee the scene of a BUI accident that resulted in death, the charge could be raised to a first-degree felony carrying a potential 30-year prison sentence.
The Hidden Costs of a BUI Conviction
Even if you avoid jail time, a BUI conviction will ripple through your life in ways you might not expect. Higher insurance premiums can strain your finances, as boat insurance rates often skyrocket if your provider doesn’t drop you entirely. The court may revoke your boating privileges, keeping you off the water for an extended period. A BUI conviction can jeopardize your career, especially in careers where your job requires no criminal record. The social stigma associated with having a criminal record can strain relationships and damage your reputation within your community. These hidden costs extend beyond the courtroom.
Defending Against a BUI Charge
All hope is not lost if you’re facing a BUI charge in Florida. A skilled attorney can explore several legal defenses.
Challenging the Stop
There must be probable cause to stop a vessel. If law enforcement lacks it, the case could be thrown out.
Questioning BAC Results
Breathalyzers and other testing methods can be flawed. Your lawyer may contest the accuracy of the results.
Proving Lack of Impairment
Just because you had a drink doesn’t mean you were impaired. Your attorney can argue that you were capable of safely operating the boat.
Staying Safe: Tips for Responsible Boating
The simplest way to avoid a BUI is not to drink and boat. But there are steps you can take to keep yourself and others safe on the water. Choose someone who will not drink to operate the boat. The sun, wind, and motion of the water can amplify the effects of alcohol, and a small amount may impair your abilities. Familiarize yourself with Florida’s boating laws to ensure compliance. Have life jackets, navigational lights, and a working horn or whistle on board, as law enforcement often checks for these during stops.
Charged with Boating Under the Influence in Florida?
A BUI conviction can impact your freedom, finances, and future, but the right attorney can fight for you. The Defense Group works to challenge the evidence, protect your rights, and seek the best possible outcome. Time is critical. Contact us today at 407-743-8430 for a free case evaluation and take the first step toward safeguarding your future.
