Board-Certified Criminal Trial Lawyer
Florida is home to beautiful beaches, endless waterways, and one of the largest populations of registered boaters in the nation. Whether you’re cruising the Gulf or fishing along the coast near Panama City or Panama City Beach, it’s essential to understand the serious legal consequences of Boating Under the Influence (BUI). At The Sombathy Law Firm, we defend individuals facing BUI charges and help them understand their rights, potential penalties, and legal options.
Florida’s BUI Law: What You Need to Know
Under Florida Statute § 327.35, it is illegal to operate a vessel while under the influence of alcohol or drugs. Similar to DUI laws for motor vehicles, BUI laws make it a crime to operate a boat with:
- A blood alcohol concentration (BAC) of 0.08% or higher, or
- Impairment of normal faculties due to alcohol, drugs, or a combination of both
If you’re under 21, the zero-tolerance law applies, meaning a BAC of 0.02% or higher can result in civil penalties.
It’s also important to note that “vessel” under Florida law includes all types of watercraft—motorboats, sailboats, personal watercraft (Jet Skis), and even some paddle-powered vessels.
BUI Sobriety Testing Challenges on the Water
Unlike roadside DUI stops, marine law enforcement officers often have to conduct sobriety testing under far less stable conditions. Boat operators may be tested while standing on unstable surfaces, after long hours in the sun, on moving vessels, or in choppy water. These circumstances can affect a person’s balance and coordination, even if they haven’t consumed any alcohol.
Marine officers typically use seated field sobriety tests tailored for boating conditions, such as:
- Finger-to-nose test
- Palm-pat test
- Counting exercises
- Reciting the alphabet
These tests are highly subjective, and performance may be influenced by factors such as fatigue, dehydration, sea motion, or underlying medical conditions. That’s why an experienced defense attorney can often challenge the validity of BUI arrest procedures.
Penalties for BUI in Florida
The penalties for BUI vary depending on prior offenses and the circumstances of the incident, such as injuries, property damage, or the presence of minors on board.
First BUI Offense
- Up to six months in jail
- Fines ranging from $500 to $1,000
- Mandatory substance abuse course
- 50 hours of community service
- Vessel impoundment for 10 days
Second BUI Offense (within five years)
- Up to nine months in jail
- Fines ranging from $1,000 to $2,000
- Mandatory jail time of at least 10 days
- Vessel impoundment for 30 days
Third BUI Offense
- If within 10 years of a prior: Third-degree felony, minimum of 30 days and up to five years in prison, and thousands of dollars in fines
- If more than 10 years later: Up to 12 months in jail, fines up to $5,000
Enhanced Penalties
If your BUI results in serious bodily injury or death, or your BAC is 0.15% or higher, you may face felony charges, enhanced fines, and mandatory prison sentences. Penalties are also more severe if children are onboard during the offense.
Will a BUI Affect My Driver’s License?
Unlike a DUI, a BUI does not result in automatic suspension of your driver’s license. However, if your BUI is part of a larger criminal history or if it involves a DUI-type refusal to submit to a chemical test, those factors may influence other driving-related consequences in the future.
Keep in mind, though, that multiple BUI offenses can count as prior convictions in certain DUI cases, potentially affecting sentencing enhancements.
Maritime-Specific Defense Strategies
Defending against a BUI charge requires a tailored approach, especially since boating conditions differ greatly from those on land. Some of the most effective defense strategies include:
Challenging Field Sobriety Tests
Marine field sobriety tests are less standardized and more prone to error. Motion from waves, sun exposure, or dehydration may mimic symptoms of impairment.
Questioning BAC Accuracy
Breath and blood tests can be flawed due to improper calibration, testing procedures, or contamination. In boating cases, extended time between arrest and testing may also affect accuracy.
Lack of Probable Cause
An officer must have reasonable suspicion to stop and investigate. If the stop was unlawful, the evidence obtained may be suppressed.
Medical or Environmental Factors
Sun exposure, motion sickness, or legitimate medical conditions may explain signs of impairment. Your attorney may present medical records or expert testimony to refute intoxication claims.
No Operation of the Vessel
If you were not operating the vessel or another person was at the helm, the charges may not be legally sustainable.
Why You Need a BUI Defense Attorney
Boating Under the Influence charges can impact your freedom, finances, and future. A conviction can result in criminal penalties and a permanent criminal record. At The Sombathy Law Firm, we thoroughly examine every aspect of your case—from stop procedures to testing protocols—and fight for reduced or dismissed charges whenever possible.
If you’ve been arrested for BUI in Panama City or Panama City Beach, contact our office today. We’re committed to protecting your rights and helping you move forward with confidence.
