Florida is the #1 state for registered recreational boats and yachts in the US. In 2022, there were over one million vessels registered in The Sunshine State.
Tourists and residents alike love taking advantage of Florida’s beautiful coastlines. But if you aren’t careful during your recreational boating activities, you could end up with a boating under the influence (BUI) citation.
The consequences of violating Florida BUI laws are just as severe as DUI penalties. Find out more about the outcomes of driving a boat while under the influence of alcohol or drugs in this post.
BUI Laws in Florida
Florida laws make it illegal to drive a boat under the influence of alcohol, drugs, or a combination of the two. Grounds for a BUI include:
- Having a blood or breath alcohol concentration over 0.08%
- Having any amount of alcohol or drugs in the system and showcasing signs of intoxication
Signs of impaired boating include driving too fast, being aggressive or careless, and forgetting to turn on required night-time lights and equipment.
What Counts as a Boat in Florida?
A boat is any vessel that floats on the water. That includes barges, airboats, sloops, pontoons, dinghies, catamarans, inflatable boats, and canoes. However, a seaplane is not a boat in Florida.
What About Drivers Under the Drinking Age?
Minors aged 20 or younger face stricter BUI laws. A person under the age of 21 found operating a boat with any amount of alcohol in their system will receive a citation under Florida’s zero-tolerance rules.
The Penalties for Getting a BUI in Florida
A BUI can be a misdemeanor or a felony, depending on how many convictions the person has on their record. Importantly, driving while intoxicated (DWI) and DUI charges also count as prior offenses when determining BUI penalties in Florida.
No matter the number of offenses, a BUI can earn you jail time, thousands of dollars in fines, probation, mandatory treatment, or all of the above.
The First Offense
A first BUI offense will earn you a second-degree misdemeanor. Second-degree misdemeanors come with up to six months in jail or a $500 to $1,000 fine.
BUI first-time offenders will also be sentenced to probation and 50 hours of community service. Probation and jail time combined cannot last longer than one year.
Additionally, the offender may not operate their boat for at least ten days after a first-time BUI.
The Second Offense
A second BUI offense is also a second-degree misdemeanor. However, the penalties are higher. Offenders must pay $1,000 to $2,000 in fines or up to nine months in jail.
Second-time BUI offenders are prohibited from operating a vessel for 30 days. If they pay the fine, they may not have to complete community service hours.
The penalties are higher if the second BUI occurs within five years of the first one. In that case, the offender must spend at least ten days or up to nine months in jail.
Third and Subsequent Offenses
A third-time BUI is a misdemeanor in some cases. It is punishable by up to 12 months in jail or $2,000 to $5,000 in fines. The person will also be prohibited from operating their vessel for 90 days.
The penalties are higher for third offenses occurring within 10 years of the previous one. These third-time offenders will receive a third-degree felony punishable by at least 30 days in jail, up to five years in prison, $5,000 in fines, or all of these.
Any subsequent BUI offenses, no matter when they occur, are automatically third-degree felonies punishable by a minimum $2,000 fine.
Aggravating Factors
Certain circumstances can enhance an intoxicated boat driver’s penalties. Learn more about these aggravating factors and the punishments they incur below.
Refusing a Breath, Blood, or Urine Test
Refusing a BUI breath, blood, or urine test for a first-time offense will earn you a $500 fine. If you fail to pay the fine within 30 days of the citation, you will receive a first-degree misdemeanor punishable by up to one year in jail, probation, a $1,000 fine, or all of these.
Refusing a blood, urine, or breathalyzer test a second time is automatically a first-degree misdemeanor punishable by the same penalties as a first-time refusal.
Importantly, only BUI refusals count toward the second-time offense. Refusing a DUI breath test, for example, will not elevate a first-time BUI refusal to an automatic first-degree misdemeanor.
A BAC of 0.15% or Higher
A BAC of 0.15% or higher will earn boaters an automatic second-degree misdemeanor for a first offense. The consequences are up to nine months in jail and $1,000 to $2,000 in fines.
Second-time offenders with BACs over 0.15% will face higher penalties- up to a year in jail and $2,000 to $4,000 in fines.
Third-time offenders with BACs over 0.15% must pay a minimum fine of $4,000.
Carrying a Passenger Under 18
First-time BUI offenders caught with passengers under the age of 18 will receive an automatic second-degree misdemeanor. This charge comes with up to nine months in jail or $1,000 to $2,000 in fines.
Second-time BUI offenders carrying passengers under 18 will qualify for a punishment of up to a year in jail or a $2,000 to $4,000 fine.
Third-time BUI offenders carrying passengers under 18 will pay a minimum fine of $4,000.
Property Damage
If a person receives a BUI after getting into an accident that caused damage to someone else’s property, it’s an automatic first-degree misdemeanor. The penalties are up to one year in jail or a $1,000 fine.
Injuries and Fatalities
If a person receives a BUI after getting into an accident that caused injury to someone else, it’s an automatic first-degree misdemeanor. However, this is only if the person’s injuries are considered minor.
Causing serious injury to someone else as a result of a BUI-related accident is an automatic third-degree felony that could earn offenders up to five years in prison or $5,000 in fines.
Fatalities that happen as a result of a BUI-related accident are grounds for a first- or second-degree felony. These charges come with up to 15 to 30 years in prison or a $10,000 fine.
Arrested While Driving a Boat?
Boating under the influence (BUI) is a serious crime in Florida. You can receive a misdemeanor on up to a first-degree felony, depending on how many priors you have and any aggravating factors involved.
Did you get arrested for intoxicated boating in Tampa? RHINO Lawyers are experts in reducing the penalties for driving a boat under the influence in Florida. Request a free case analysis to get started.
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