Boating Under the Influence (BUI) in Florida
Contents
Boating Under the Influence (BUI) in Florida
Boating and alcohol can be a dangerous combination. Drinking and driving a boat is illegal in Florida a
nd can lead to serious consequences. This article will explain Florida’s BUI laws, penalties, and defenses to help boaters stay safe and legal on the water.
What is BUI?
BUI stands for “boating under the influence.” It means operating a boat while impaired due to alcohol or drugs. Florida law states it is illegal to operate a vessel if your blood alcohol content (BAC) is .08 or higher. For drivers under 21, any detectable amount of alcohol in the bloodstream is considered boating under the influence.BUI laws apply to all types of motorized watercraft including boats, jet skis, and wave runners. It doesn’t matter if the boat is in motion or anchored – simply operating it while intoxicated is against the law. BUI can even apply to canoes, kayaks, stand-up paddleboards or other human-powered vessels if they are operated recklessly due to impairment.
BUI Penalties in Florida
A BUI conviction carries serious penalties in Florida. For a first offense BUI, penalties include:
- Up to 6 months in jail
- Fines up to $500
- Probation up to 1 year
- 50 hours of community service
- Attendance at a substance abuse course
Penalties get even tougher for repeat BUIs within 5 years. A second BUI conviction brings:
- Minimum 10 days in jail
- Fines up to $1,000
- Probation up to 1 year
- 50 hours of community service
A third BUI conviction leads to a third degree felony with:
- Minimum 30 days in jail
- Fines up to $5,000
- Probation up to 5 years
- Revocation of boating privileges for at least 10 years
BUI convictions remain on a person’s criminal record. They can also lead to driver’s license suspension through Florida’s “zero tolerance” laws. Boaters charged with BUI should take it very seriously.
How is BUI Enforced?
Law enforcement agencies like the Florida Fish & Wildlife Conservation Commission, sheriff’s departments, and municipal police departments enforce BUI laws. Officers patrol waterways and conduct safety inspections looking for signs of impairment.Common clues of BUI include:
- Reckless operation such as swerving, speeding, or wake jumping
- Struggling with balance, coordination or speech
- Odor of alcoholic beverages
- Bloodshot or glassy eyes
- Bottles of alcohol on board
If officers suspect BUI, they can stop a vessel for further investigation. Boaters may be asked to perform field sobriety exercises – physical tests of balance and coordination. Breathalyzer tests are also used to check a boater’s BAC.Refusing to submit to sobriety tests constitutes an automatic BUI charge in Florida. Boaters impliedly consent to testing when out on the water.
BUI Defenses in Florida
There are a few legal defenses that can potentially beat a BUI charge in Florida. Here are some options:
Question Field Sobriety Tests
The accuracy of field sobriety exercises on water can be questionable. Movement of the vessel and water conditions like waves, wind, and glare could impact a boater’s performance. A skilled DUI defense attorney may argue the tests were invalid.
Challenge Breathalyzer Results
Breathalyzers are not foolproof. Errors in use, calibration, or maintenance could produce false high readings. An attorney can request maintenance records and scrutinize the device’s accuracy.
Argue No Actual Physical Control
BUI applies when “operating” a vessel. Merely sitting still on a drifting boat may not constitute operation or physical control. There could be room for argument.
Claim Involuntary Intoxication
If a boater unknowingly ingested alcohol or drugs without their knowledge, it could be involuntary intoxication. This defense requires proof like testimony of being drugged.
Dispute Reckless Operation
Impairment alone doesn’t mean BUI. The prosecution must also prove the boater operated the vessel recklessly and dangerously. This isn’t always clear-cut on the water.
Question Identity
In rare cases, misidentification could lead to a BUI charge. If multiple people were on the boat, mistaken identity could potentially invalidate a charge.These defenses do not always work but could potentially beat a BUI or lead to reduced penalties. Anyone charged with BUI should consult an experienced criminal defense attorney to protect their rights.
How to Avoid BUI
The best way for boaters to avoid BUI trouble is to stay sober when operating any vessel. Consuming alcohol should be avoided completely or limited to when the boat is safely anchored or moored for the day.Boaters should also:
- Bring plenty of non-alcoholic drinks like water, juice, and soda
- Eat enough food to slow alcohol absorption
- Cease drinking at least 1-2 hours before getting underway
- Avoid binge drinking while boating
- Designate a sober skipper
- Don’t let intoxicated passengers operate your boat
With smart choices, boaters can fully enjoy Florida’s beautiful waterways safely and legally without mixing boating and booze. A BUI conviction has serious consequences, so it is critical to boat sober and know Florida’s BUI laws.
References
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0327/Sections/0327.35.html
https://dui.drivinglaws.org/resources/dui-refusal-blood-breath-urine-test/florida.htm