Boating Under the Influence (BUI) Defense Attorneys in Florida

Enjoying Florida’s waterways shouldn’t end in criminal charges — yet every year, hundreds of boaters are arrested for Boating Under the Influence (BUI). Like a DUI, a BUI charge can carry steep penalties, including jail time, fines, and suspension of boating privileges.

At Roussos Law Group, we provide skilled legal defense for individuals charged with BUI across Florida. Our team brings prosecutorial insight to every case, identifying weak evidence and procedural errors to protect your rights.

Understanding Boating Under the Influence in Florida

Under Florida Statute §327.35, it is unlawful to operate a vessel while:

  • Under the influence of alcohol or a controlled substance, and
  • Having a blood-alcohol concentration (BAC) of 0.08% or higher, or
  • While impaired to the extent that normal faculties are affected.

 

Unlike a DUI, a BUI occurs on public waterways, and enforcement is carried out by marine patrols, sheriff’s departments, or the Florida Fish and Wildlife Conservation Commission (FWC).

Typical penalties for a first BUI conviction include:

  • Fines between $500 and $1,000
  • Up to 6 months in jail
  • Probation and mandatory community service
  • Boating safety course requirement
  • Possible impoundment of the vessel used

 

If the BUI involves an accident, injury, or prior convictions, penalties increase significantly, including felony charges for serious bodily injury or death.

Florida Penalties and Legal Consequences for BUI Convictions

Florida treats repeat BUI offenses much like repeat DUI offenses — with escalating fines, longer jail sentences, and stricter probation terms.

Possible penalties include:

  • Second BUI (within 5 years): Minimum 10 days in jail, $1,000–$2,000 fine
  • Third BUI: Felony classification if within 10 years
  • BUI with Property Damage or Injury: Up to 1 year in jail, $1,000 fine
  • Trenton’s Law (Effective Oct 1, 2025): Prison sentences for DUI/BUI manslaughter with a prior conviction can be doubled from 15 to 30 years.

 

Additional consequences can include:

  • Loss of boating privileges
  • Criminal record affecting employment or licensing
  • Mandatory alcohol or substance abuse evaluation
  • Probation and community service

 

Because BUI penalties can mirror DUI sanctions but rely on different evidence, having an attorney who understands both is critical.

This summary is for educational purposes only and may not reflect the most recent legislative changes. Always consult an attorney for advice about your case.

How Roussos Law Group Can Help

Defending a BUI charge requires knowledge of maritime law and criminal procedure. At Roussos Law Group, we challenge the evidence at every stage — from the stop and boarding of your vessel to the field sobriety or breath test procedures.

We analyze:

  • Probable cause, which is required to stop and board a boat
  • Field sobriety exercises on unstable decks, which are often unreliable
  • Calibration and maintenance records for portable breath test devices
  • Bodycam or FWC footage for procedural errors
  • Witness statements about boating conditions, speed, and behavior

 

Our DUI Defense attorneys understand how boating enforcement differs from traffic enforcement — and how to use that to your advantage.

Steps to Take After a BUI Arrest

If you’ve been arrested for Boating Under the Influence in Florida:

  • Contact a criminal defense attorney immediately.
  • Do not make statements to law enforcement or FWC officers.
  • Gather witness names and information from passengers or nearby vessels.
  • Document boating conditions (weather, current, visibility).
  • Avoid discussing your case online or through social media.
  • Attend all court hearings and follow pretrial conditions to preserve eligibility for reduced penalties.

Frequently Asked Questions

Is a BUI treated the same as a DUI in Florida?

Not exactly. While both involve impairment laws and 0.08% BAC thresholds, BUI applies to vessel operation and is enforced by marine patrol officers under §327.35.

Can I lose my boating license after a BUI?

Yes. Boating privileges can be suspended, and repeated offenses may result in permanent revocation.

Can I refuse testing on the water?

Yes, but refusal carries its own penalties — including fines, evidence admissibility, and potential license restrictions.

Can a BUI affect my driver’s license?

In most cases, no. However, a criminal conviction may still appear on your record and impact background checks. A BUI can also act as a prior offense for a future DUI charge.

Can I be charged with BUI if the engine was off?

Yes, if the vessel was still considered “in operation,” such as drifting or anchored but capable of movement.

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Frequently Asked Questions

Is a BUI treated the same as a DUI in Florida?

Not exactly. While both involve impairment laws and 0.08% BAC thresholds, BUI applies to vessel operation and is enforced by marine patrol officers under §327.35.

Can I lose my boating license after a BUI?

Yes. Boating privileges can be suspended, and repeated offenses may result in permanent revocation.

Can I refuse testing on the water?

Yes, but refusal carries its own penalties — including fines, evidence admissibility, and potential license restrictions.

Can a BUI affect my driver’s license?

In most cases, no. However, a criminal conviction may still appear on your record and impact background checks. A BUI can also act as a prior offense for a future DUI charge.

Can I be charged with BUI if the engine was off?

Yes, if the vessel was still considered “in operation,” such as drifting or anchored but capable of movement.