Boating And Alcohol Laws In Florida 2025

Most people know what a DUI or driving under the influence offense is, but many do not understand the ramifications of a BUI or boating under the influence. While boating and driving are different, the laws against mixing alcohol with these activities are virtually the same. You should familiarize yourself with boating and alcohol laws in Florida to avoid harsh penalties.

Everyone makes mistakes, but that doesn’t mean you don’t deserve the chance to have your rights protected if you are charged with a DUI. At Jeff Marshall Law, we have extensive experience aggressively defending our clients and ensuring they have an optimal legal defense. We thoroughly understand Florida’s DUI laws and can apply them to your case, with the goal of achieving positive results.

DUI Laws in Florida

In 2024, there were 4,793 alcohol-related crashes in Florida. The laws for driving under the influence (DUI) in Florida prohibit the operation of a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The arresting officer may administer a chemical test or a field sobriety test to detect your level of impairment. If your blood alcohol level (BAL) is above 0.08, it is unlawful, and you may be met with a range of penalties.

What is a BUI?

Boating under the influence, or BUI, is similar to a DUI in that it is illegal to operate a boat while impaired by alcohol, drugs, or a combination of the two. The consequences for a BUI are similar to a DUI, except the arresting officer may only administer a chemical breathalyzer test to detect your BAL instead of a field sobriety test, which may be impractical in this case.

Penalties for BUI in Florida

The penalties for a BUI in Florida depend on the offense and may include serving jail time, paying fines, or both, pursuant to Florida Statute 327.35. The penalties may increase with each subsequent offense, and misdemeanors may become felonies if you have prior BUIs. Other felony BUIs include BUI manslaughter or a BUI that causes serious bodily injury. Specifically, the penalties are as follows:

• First conviction. $500 to $1,000 in fines and up to 6 months imprisonment
• Second conviction. $1,000 to $2,000 in fines and up to 9 months imprisonment
• Third conviction within 10 years. Third degree felony punishable by $2,000 to $5,000 and up to 12 months imprisonment
• Fourth and subsequent conviction. A fine not less than $2,000 and up to 5 years imprisonment pursuant to Statute 775.084
• BUI property damage. First degree misdemeanor punishable by up to a year imprisonment and fines
• BUI, serious bodily injury. Third degree felony punishable by up to 5 years imprisonment and fines
• BUI, manslaughter. Second degree felony punishable by up to 15 years imprisonment and fines, or first degree felony punishable by up to 30 years imprisonment and fines

It should be noted that a high BAL, or a BAL above .15, leads to more severe penalties. Generally, the penalty increases one degree, so first conviction fines and jail time may increase to the penalties for second conviction fines and jail time if the BAL is .15. For example, the penalty for a first conviction BAL above .15 is up to 9 months imprisonment and fines between $1,000 and $2,000.

Other Consequences for BUI in Florida

In addition to the aforementioned penalties, if you have a BUI, you may have your boat impounded for 10-30 days, depending on the offense. Since a DUI is a criminal offense, it may also show up on your permanent criminal record unless you are able to get your records expunged or sealed. In Florida, BUIs are typically handled by the County Court in the county where the offense occurred.

FAQ

Q: Are You Allowed to Drink Alcohol on a Boat in Florida?

A: Yes, passengers who are 21 years or older are allowed to drink alcohol on a boat in Florida. It is unlawful to operate a boat or vessel while intoxicated by alcohol, drugs, or a combination of the two. To determine if the boat operator is under the influence, they may be subjected to a BAL test in which a BAL of 0.08 or above is considered unlawful.

Q: Is a BUI as Bad as a DUI in Florida?

A: A BUI is as bad as a DUI in Florida because they both come with similar penalties. The unlawful BAL for both a DUI and a BUI is 0.08 or above, and the penalties are virtually the same for first, second, third, and subsequent convictions. Both may result in paying hefty fines and serving jail time, depending on the severity of the offense. Moreover, both could result in the boat or vehicle being impounded.

Q: What Amount of Alcohol Can You Drink While Boating?

A: The safest approach is to designate a sober operator for both boating and driving. If you’re planning to consume alcohol, arrange alternative transportation or ensure you’re not operating any vessel or vehicle. For precise legal advice, consult a Florida attorney experienced in BUI/DUI cases, as individual circumstances can affect outcomes.

Q: What Is Lucy’s Law in Florida for Boating?

A: Lucy’s Law is under Senate Bill 628 in Florida and provides for penalties for recklessly operating a boat or vessel. Specifically, the bill revises penalties for causing collisions and driving under the influence while boating, or BUI. Prior to the bill, you may not get your license suspended for a BUI, but with the bill, which takes effect 7.1.2025, you may have your license suspended and may have to enroll in a boating education course.

Contact Jeff Marshall Law Today

Boating under the influence (BUI) is a serious crime in Florida, much like driving under the influence (DUI). Therefore, you should contact a lawyer if you are facing BUI charges to help you avoid or mitigate serious penalties. At Jeff Marshall Law, we are equipped to help you with every aspect of your case. Contact our office today for a consultation.

See Related Posts:

• Florida DUI Laws and Penalties
• How to Choose the Best Tampa DUI Defense Lawyer?
• How Much Does A DUI Cost in Florida?