A boating under the influence charge can leave you worried about jail time, fines, and what comes next. Whether you were stopped during a day on the water near Fort Myers or arrested after a boating accident, the consequences depend on the evidence, your prior record, and the circumstances surrounding the allegation.
Florida law prohibits operating a vessel while impaired by alcohol or specified drugs, or with a blood or breath alcohol level of 0.08 or higher. A conviction can carry consequences beyond a fine, including probation, substance abuse education, and possible incarceration. Repeat offenses and cases involving serious injuries or death can lead to felony charges.
At Absolute Law, we understand that an arrest does not tell the whole story. Our criminal defense team provides compassionate guidance and determined advocacy for people facing criminal allegations in Fort Myers and Southwest Florida.
BUI stands for boating under the influence. Under Florida Statutes § 327.35, a person commits BUI by operating a vessel in Florida while:
These are alternative grounds for prosecution. The state does not necessarily need a test result at or above 0.08 if it can prove impairment. Likewise, a reading below 0.08 does not automatically prevent a BUI charge.
The charge concerns operating a vessel under the conditions the statute prohibits, not simply consuming alcohol. An attorney can examine what officers observed, who was operating the vessel, and whether the available evidence supports the allegation.
Florida BUI penalties depend on prior convictions and aggravating circumstances. For a first or second BUI conviction without enhanced penalties, the base fines and maximum incarceration terms are:
| Conviction | Base fine | Maximum incarceration |
| First conviction | $500–$1,000 | Six months |
| Second conviction | $1,000–$2,000 | Nine months |
These amounts do not represent the total financial cost of a conviction. The statute also requires an additional $60 fine, and education, evaluation, treatment, and impoundment can create additional expenses. Qualifying repeat offenses carry mandatory incarceration, while an elevated alcohol level or a minor aboard can increase the penalties.
A first BUI conviction involves more than the possibility of a fine or jail sentence. Florida law also requires:
The impoundment or immobilization period cannot run at the same time as incarceration.
The timing of prior convictions matters. A second conviction for an offense occurring within five years after a qualifying prior conviction requires at least ten days of imprisonment. It also generally carries a 30 day impoundment or immobilization requirement.
For a third or subsequent conviction involving an offense within ten years after a qualifying prior conviction, the statute requires at least 30 days of imprisonment and generally 90 days of impoundment or immobilization. Separate felony provisions may also apply.
Even your first BUI conviction can carry repeat offense penalties if you have qualifying prior DUI convictions, including certain out-of-state impaired driving convictions.
Enhanced penalties apply when the person has a blood or breath alcohol level of 0.15 or higher or is accompanied aboard the vessel by someone under 18. Either circumstance can trigger the enhancement; both are not required.
For a first conviction under this provision, the fine increases to $1,000–$2,000 with up to nine months of incarceration. For a second conviction, the fine increases to $2,000–$4,000, with up to 12 months of incarceration. Other applicable requirements, including repeat-offense mandatory minimums, must also be considered.
A BUI can become a felony because of qualifying prior convictions or because the vessel’s operation causes or contributes to serious bodily injury or death. Property damage alone does not automatically make the charge a felony.
A third BUI conviction is a third degree felony when the offense occurs within ten years after a qualifying prior conviction. A fourth or subsequent conviction is a third degree felony regardless of when the prior convictions occurred.
A third BUI conviction generally carries a $2,000-$5,000 fine and up to 12 months of imprisonment when no qualifying prior conviction falls within the ten year lookback period. Serious injury, death, or other applicable enhancements can change the penalties.
When a person commits BUI and the vessel’s operation causes or contributes to property damage, injury, or death, Florida law distinguishes among the following offenses:
BUI manslaughter becomes a first degree felony in specified circumstances. These include knowing, or having reason to know, that an accident occurred and failing to provide information and render required aid. The law also provides a first degree felony enhancement for certain prior convictions, including BUI manslaughter, DUI manslaughter, vehicular homicide, or vessel homicide.
A BUI manslaughter conviction carries a mandatory minimum of four years in prison. That is a minimum, not the full potential sentence.
Facing a BUI charge in Fort Myers or Southwest Florida? Contact Absolute Law at 239-ANTHONY for a free consultation about the allegations and your next steps.
Florida’s boating implied consent law generally treats operating a vessel as consent to qualifying breath or urine testing when the statutory requirements are met. Blood testing is addressed under specified circumstances, including certain medical treatment situations. Whether a particular request was lawful depends on the facts and applicable requirements.
Refusing a qualifying lawful test can result in a $500 civil penalty. Refusal evidence may also be admitted in a criminal proceeding, so declining testing does not necessarily prevent the state from pursuing a BUI case.
Refusing a lawful breath or urine test can also lead to a separate first degree misdemeanor if you were previously fined for a qualifying boating test refusal or your driving privilege was previously suspended for refusing a lawful breath, urine, or blood test. The required warnings and other statutory conditions must also be satisfied.
You generally have 30 days after being advised of the refusal penalties to request a hearing before a county court judge. Requesting a hearing pauses the payment deadline. If you do not timely pay the penalty or request a hearing, operating a vessel on Florida waters can constitute a separate first degree misdemeanor. Review the notice promptly rather than assuming motor vehicle DUI deadlines apply.
A BUI defense begins with examining what the state must prove and how investigators obtained the evidence. An arrest report, sobriety exercise, or chemical test result should be evaluated in context, not treated as the complete account.
Depending on the allegations, an attorney may investigate:
Our Fort Myers DUI defense lawyers can review the circumstances of a boating-related allegation and discuss potential challenges or other available resolutions.
After a BUI arrest, focus on understanding your obligations and preserving information that may help your defense.
Not sure what your BUI paperwork means? Call Absolute Law at 239-ANTHONY to review the charge and discuss your options.
A BUI charge can involve more than the question of impairment. Prior convictions, testing procedures, and allegations of injury can all affect the case. Absolute Law can examine the evidence and explain your defense options.
Call 239-ANTHONY to schedule a free consultation about your Florida BUI charge.
