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BUI – Boating Under the Influence

Boating DUI

At the outset, it is important to note that any person over the age of 21 can operate a vessel without a boating license. Any other person over the age of fourteen may lawfully obtain a license by completing a boater education and safety course. Under Florida Statute § 327.35, a person is guilty of the offense of boating under the influence and is subject to punishment if the person is operating a vessel within this state and is under the influence of alcoholic beverage, chemical substance, or controlled substance to the extent that that the person’s normal faculties are impaired. Impairment is evidenced by a blood alcohol content of 0.08 %.

What are the fines upon conviction?
A fine of not less than $250.00 or more than $500.00 for the first conviction will be imposed. For a second conviction a fine not less than $500 or more than $1,000.00 will be imposed.

Will you be imprisoned upon conviction?
For a first conviction you could be imprisonment for not more than six months, and for a second conviction you could be imprisoned for not more than nine months.

What if you caused damage to property while BUI?
If, while boating under the influence, a person by reason of such operation causes or contributes to causing damage to the property or person of another, then he or she commits a misdemeanor of the first degree.

What if you caused serious bodily injury while BUI?
If the driver causes serious bodily injury to another he or she commits a felony of the third degree. If the driver causes the death of any human being he or she commits BUI manslaughter and commits a felony of the second degree or of the first degree if at the time of the accident the driver knew or should have known that the accident occurred and failed to give information and render aid as required.

What if at the time of the BUI you had a BAC of 2.0 or higher or if at the time of the offense you were accompanied in the vessel by a person under the age of 18?
If your BUI was received under these circumstances than the minimum / mandatory punishment guidelines are different. On your first conviction you can be fined not lass than $500.00 or more than $1,000.00. For your second conviction you will be fined not less than $1,000.00 or more than $2,000.00, and for a third or subsequent conviction you will be fined not less than $2,000.00. Additionally, you could be imprisoned for not more than nine months for the first conviction and for not more than twelve months for a second conviction. Even if your first conviction was not with a BAC of 2.0 or higher or a person under the age of eighteen was not present on the vessel, you will still be punished according to these guidelines.

What are the other ramifications of a BUI?
On your first conviction, you will be placed on probation for a maximum of one year, and complete a minimum of 50 hours of community service. The vessel that you operated or any one vehicle registered in your name will be impounded and immobilized for 10 days. If you are incarcerated, the impoundment can not occur concurrently with the incarceration.

On your second conviction within 5 years after a prior conviction you will be imprisoned for not less than 10 days. The vessel that you were operating at the time of the BUI or any other vehicle will be impounded for 30 days. This impoundment can not occur concurrently with your incarceration. On your third or subsequent conviction within 10 years of any prior conviction, you will be imprisoned for not less than 30 days. The vessel that you were operating at the time of the BUI or any other vehicle will be impounded for 90 days. This impoundment can not occur concurrently with your incarceration.

What if another driver received a BUI while driving your boat?
If you own, but were not operating, the vessel when the BUI occurred you may submit the police report to the court indicating that the vessel was stolen at the time of the offense or documentation of purchasing the vessel after the offense occurred. If the court finds that information sufficient, the order to impound will be dismissed and the owner of the vessel will not incur any costs.

Who pays for the costs of impoundment?
All costs for impoundment and immobilization must be paid by the owner of the vessel, or if the vessel is leased or rented by the person leasing or renting the vessel, unless the impoundment order is dismissed.

Aside from the criminal conviction, can any one else sue you?
A BUI conviction does not bar any civil suit for damages against the person so convicted.

What happens if upon being lawfully arrested you refuse to submit to a blood, breath, or urine test?
You are subject to a civil penalty of $500.00.

Will a BUI result in my motor vehicle driver’s license be suspended?
No. BUI charges will not affect your driving privileges, but it may affect a captain’s license.

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