Understanding Boating Under the Influence (BUI) in Florida

Legal Risks and Penalties for BUI in the Sunshine State

As we embrace the sunny days and warm waters of Florida, it’s important to stay mindful of the risks and responsibilities that come with boating. Boating under the influence (BUI) is just as dangerous as driving under the influence, with severe legal consequences. In Florida, the legal blood alcohol concentration (BAC) limit for operating watercraft is 0.08%. Alarmingly, alcohol is a factor in a quarter of all recreational boating fatalities, often leading to tragic accidents.

Florida BUI Laws

Florida enforces strict BUI laws under Section 327.35(1). Law enforcement officers, including the Coast Guard, Florida Fish and Wildlife Conservation Commission, and sheriff’s deputies, patrol waters to enforce these laws. Even a BAC below the legal limit can lead to penalties, with enhanced consequences for BAC levels of 0.20% or higher.

Penalties for BUI in Florida

Penalties for BUI start before a conviction. Defendants must undergo substance abuse and boating safety courses as probation conditions. In severe cases, the court may allow defendants to serve imprisonment in a residential alcoholism treatment program, with time credited toward their sentence.

Law Enforcement and BUI Enforcement

Law enforcement officers conduct random safety checks on boats to ensure compliance with regulations. If officers suspect alcohol use, these checks can lead to felony charges. Officers have the discretion to make stops and conduct sobriety checks, which can sometimes be inaccurate and lead to wrongful accusations.

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