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Home Practice Areas Boating Under the Influence
Florida Statute § 327.35

Boating Under the Influence Defense
in South Florida

South Florida is a marine community, and BUI enforcement on weekends and holidays is aggressive. The agencies, the procedures, and the field tests are different on the water. So is the defense. Officers from the FWC, county sheriff marine units, and the United States Coast Guard apply distinct protocols, each with its own evidentiary weak points and procedural requirements.

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What You Are Facing

Florida BUI Penalty Tiers

Florida Statute § 327.35 mirrors much of the DUI structure under § 316.193 but applies to vessels. Penalties escalate with prior convictions, BAC level, and the presence of injury or death.

6mo
First Offense
Up to 6 Months Jail
First-degree misdemeanor. Fine of $500 to $1,000. Possible probation, vessel impoundment, and mandatory substance abuse course.
9mo
Second Offense
Up to 9 Months Jail
Fine of $1,000 to $2,000. Mandatory minimum jail of 10 days if the second offense occurs within five years of the first.
5yr
Third Offense
Felony Conviction
A third BUI within ten years is a third-degree felony, punishable by up to five years in prison.
5yr
Serious Bodily Injury
BUI with SBI
Operating a vessel under the influence and causing serious bodily injury is a third-degree felony, up to five years in prison.
15yr
BUI Manslaughter
F.S. § 327.35(3)(c)3
Second-degree felony. Four-year mandatory minimum prison sentence. Maximum of fifteen years. Parallel to DUI manslaughter.
0.08
BAC Threshold
Same as DUI
A blood- or breath-alcohol level of 0.08 or higher is sufficient. The State may also prove impairment of normal faculties without a chemical test result.
Where the Water Changes Everything

Why a BUI Is Not Just a DUI on Water

Defending a BUI requires understanding the procedural rules, agency practices, and physical realities that distinguish marine enforcement from roadside DUI investigations.

01
No Driver's License Consequences
A BUI conviction does not affect a Florida driver's license. It is a vessel-only offense. However, a BUI on the record can jeopardize a United States Coast Guard merchant mariner credential and may affect vessel registration.
02
Different Enforcement Agencies, Different Rules
Most BUI stops in Florida are made by the Florida Fish and Wildlife Conservation Commission. County sheriff marine units operate alongside FWC in many waterways. The United States Coast Guard has authority in federal waters. Each agency follows its own protocols. Validity of the stop, the safety inspection that often precedes a BUI investigation, and the chemical test process must be evaluated under the relevant agency's rules.
03
Marine Field Sobriety Tests
Standard roadside tests are not designed for use on a vessel. Officers typically administer seated tests adapted for the marine environment: finger-to-nose, palm pat, hand pat, alphabet recitation, and counting. The conditions under which these tests are administered, including vessel motion, sun exposure, fatigue from a day of sun and water, and the absence of a controlled environment, are all subject to challenge.
04
Implied Consent Applies
Florida Statute § 327.352 establishes implied consent for vessel operators. A lawful arrest for BUI may be followed by a request for breath, blood, or urine testing. Refusal carries administrative consequences and may be used as evidence at trial, but the lawfulness of the request and the procedure used remain subject to challenge.
Defense Strategy

How a BUI Defense Is Built

Successful defense of a BUI charge depends on understanding both the marine context and the constitutional and statutory rules that govern every chemical test, field test, and stop.

The Stop and the Boarding
Routine FWC and Coast Guard safety boardings do not require probable cause. However, when a safety inspection becomes a BUI investigation, Fourth Amendment standards apply. The transition point and the basis for it are often the most productive ground for suppression.
Breath and Blood Reliability
The same calibration, observation, and chain-of-custody standards that govern DUI breath and blood testing apply to BUI. Field deployment of breath instruments on a vessel or at a marine facility introduces additional variables that defense toxicologists evaluate.
Marine Field Test Conditions
Sun, glare, vessel motion, dehydration, and prolonged sun exposure all affect performance on seated marine tests. The validity and scoring of the tests, and whether the officer was trained and certified to administer them, are foundational to any prosecution.
Operation and Actual Physical Control
Whether the defendant was actually operating the vessel, or merely on board, is a fact issue in many cases. Anchor-out parties, raft-ups, and group outings often produce disputed operation evidence.
Refusal Strategy
Refusal to submit to chemical testing carries administrative consequences and may be argued at trial as consciousness of guilt. The validity of the implied consent advisement, the timing, and the location of the request all affect the State's ability to introduce the refusal.
BUI Manslaughter Defense
When operation of a vessel under the influence causes a death, the case is governed by § 327.35(3)(c)3 and resembles a DUI manslaughter prosecution. Defense requires retained marine accident reconstructionists in addition to standard toxicology experts.
Related Florida Statutes

Plain English Statute References

F.S. § 327.35
BUI Statute Explained
All penalty tiers, BUI manslaughter, BUI with serious bodily injury, and implied consent.
F.S. § 316.193(3)(c)3
DUI Manslaughter
The vehicular counterpart to BUI manslaughter, with parallel penalty structure.
Reference
Legal Glossary
Definitions of the terms used throughout the firm's legal pages.
Frequently Asked Questions

Florida BUI: Questions Answered

Direct answers to the questions most often asked by clients and family members in the first conversation about a BUI charge.

No. A DUI applies to operating a motor vehicle. A BUI applies to operating a vessel and is governed by Florida Statute 327.35. The blood-alcohol thresholds are the same (0.08), but the penalties, the enforcing agencies, the field sobriety procedures, and the collateral consequences differ in important ways.
No. A BUI conviction does not result in suspension or revocation of a Florida driver's license. The offense applies to the privilege of operating a vessel and may affect vessel registration and Coast Guard licenses for commercial mariners, but it does not appear on a Florida driving record.
Primary enforcement is by the Florida Fish and Wildlife Conservation Commission (FWC). County sheriff marine units and, in federal waters, the United States Coast Guard also conduct stops. Each agency operates under different procedures, and the validity of a stop and the chemical testing process can be challenged based on agency-specific protocols.
BUI manslaughter, codified at Florida Statute 327.35(3)(c)3, applies when operation of a vessel under the influence causes or contributes to causing the death of another person. It is a second-degree felony with a four-year mandatory minimum prison sentence and a maximum of fifteen years, parallel to DUI manslaughter.
Standard roadside field sobriety tests (walk-and-turn, one-leg-stand) are not designed for use on a vessel and are difficult to perform in a marine environment. Officers typically use seated tests adapted for boating: finger-to-nose, palm pat, hand pat, alphabet recitation, and number counting. The validity, scoring, and conditions of these tests are common subjects of cross-examination.
Memorial Day weekend, July 4th, Labor Day weekend, and major Florida saltwater fishing tournaments draw heightened FWC and Coast Guard enforcement, including Operation Dry Water multi-agency patrols. Stops on these dates are common and often involve checkpoint-style boardings.
Florida Statute 327.02 defines a vessel broadly to include every description of watercraft used or capable of being used as a means of transportation on water. Motorboats, jet skis, sailboats, and certain kayaks and paddleboards may qualify depending on the circumstances and the means of propulsion.

Charged with BUI in South Florida?

Marine cases require a defense lawyer who understands the agencies, the protocols, and the ways these cases differ from a roadside DUI. Initial conversations are confidential and protected.

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