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Criminal Defense Lawyer in Orlando, FL

Boating Under the Influence

In Florida, boating under the influence is a serious crime that has resulted in numerous injuries and deaths over the years. In fact, since 2015, Florida has held the most boating under the influence incidents in the United States. Because of this, BUI charges can be just as devastating as DUI charges. If you’ve been charged with boating under the influence, or suspect you may be under investigation for BUI, you should retain an experienced defense attorney as soon as possible to help build your case. Contact Hanlon Law in Lakeland today to schedule a free consultation. 


What is Boating Under the Influence? 


Boating under the influence (BUI) is exactly what it says on the tin: operating a boat or marine vehicle while under the influence of a mind-altering substance, such as drugs or alcohol. 


Florida Statute 327.35 describes boating under the influence “operating a vessel under the influence of alcoholic beverages, chemical substances, or other controlled substances, to the extent that normal faculties are impaired.”


For alcohol, that “extent that normal faculties are impaired” is defined as a blood-alcohol content of 0.08 grams per 100 milliliters of blood, or 0.08 grams per 210 liters of breath. If you have less than that amount of alcohol in your system, you are not considered impaired for this particular charge. 


For other drugs, however, there’s no acceptable level of intoxication. Even the smallest trace amount of a drug in your system is enough to be considered “under the influence” under this statute, and can lead to BUI charges. 


To determine whether or not you are under the influence, a law enforcement officer may ask you to perform a field sobriety test. These generally involve actions designed to test vestibular condition (balance) and cognitive function (comprehension), such as walking in a straight line, walking backwards, etc. These tests aren’t definitive, though, and can be failed by simply having bad balance. 


The only conclusive way to prove you are under the influence of a mind-altering substance is to test a biological sample, such as blood, breath, or urine. Most officers will first turn to a “breathalyzer” test, which tests breath-alcohol content. 


It’s important to note, though, that you aren’t legally required to perform a breathalyzer test when it comes to boating. In fact, you aren’t obligated to give any samples at all unless a warrant is provided. While refusing a breathalyzer test when suspected of driving under the influence can end with getting your license suspended, there’s no comparable consequences in boating under the influence instances. As most marine vessels don’t require a license to operate, there’s no license to suspend. 


What Counts as “Boating?”


Just like how being in a car while under the influence is not a crime, neither is just being on a boat. You have to actually be operating the marine vehicle in question in order to be charged with boating under the influence. However, you need not be the only operator of said vessel. Often in boating situations, multiple passengers take turns driving. There is no specified amount of time defined by Florida law, which means even 30 seconds at the helm while under the influence could lead to BUI charges. 


However, it can still be difficult to prove that you did, in fact, operate a marine vessel under the influence. Unless an officer catches you in the act (“red-handed,” so to speak), or there’s some kind of damning evidence (like security camera footage or a video taken on a friend’s phone), it generally comes down to your word against someone else’s, which is rarely enough to secure a conviction. 


What are the Consequences of Boating Under the Influence?


If the prosecution can prove that you were boating under the influence, though, the charges can be severe. 


For a first-time boating under the influence offense: 


  • Up to 6 months in jail 
  • $500 to $1,000 in fines


For a second boating under the influence offense: 


  • Up to 9 months in jail
  • $1,000 to $2,000 in fines 


For a third boating under the influence offense within 10 years of the previous offense:


  • Charged as a third-degree felony
  • Up to 5 years in jail
  • Up to $5,000 in fines


For a third boating under the influence offense more than 10 years after the previous offense:


  • Up to 12 months in jail
  • $2,000 to $5,000 in fines


For a subsequent boating under the influence offenses (fourth, fifth, etc):


  • Third-degree felony
  • Up to 5 years in jail
  • Up to $5,000 in fines


Certain aggravating factors may lead to enhanced sentencing:


  • A blood-alcohol level of 0.15 or higher
  • Damage to public or private property
  • Injury to any persons
  • Severe bodily injury or death


In addition to fines and jail time, those convicted of BUIs are often required to attend rehabilitative courses, like DUI programs, at their own expense, and are also usually responsible for any court costs associated with the conviction. 


Lakeland Criminal Defense Lawyers 


As you can see, boating under the influence charges shouldn’t be taken lightly. Will Hanlon with Hanlon Law has been defending the accused for nearly twenty years. Our dedicated legal team will advocate tirelessly on your behalf to help you secure the best possible outcome. Contact us today to schedule a free consultation.

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