Boating While Intoxicated in Florida
Florida has beautiful weather and a massive shoreline, making it a great place for boaters to enjoy the expansive waterways. Boating is part of our lifestyle, and we take it seriously. We want everyone to be able to enjoy the water without the fear that a drunk boater will mishandle their boat and cause serious injury. That’s why we have strict laws in place that make it illegal for boaters to boat under the influence of drugs or alcohol. We treat this crime with the same seriousness that we treat driving under the influence (DUI).
Many Floridians are surprised to learn that operating their boat under the influence of drugs or alcohol is considered a criminal offense that can lead to arrest, fines, and even jail time. These laws are in place to protect everyone on the water.
In this article, the Tallahassee BUI attorneys at Luke Newman, P.A. will discuss the crime of Boating Under the Influence, blood alcohol concentration limits for those operating boats, how those limits are enforced, and what penalties an individual might face if they are found operating a boat under the influence.
What is the legal limit (blood alcohol concentration) for boating in Florida?
The laws regarding BUI roughly mirror those of DUI. Under Florida Statutes § 327.35, the legal blood alcohol concentration limit for boating is 0.08% for anyone who is 21 years old or older. For anyone under the age of 21, Florida enforces a zero-tolerance policy requiring individuals to have a BAC of less than 0.02%. For someone under the age of 21, a BAC of 0.02% can result in criminal charges even if no obvious signs of impairment are present. The law aims to reduce the number of boating accidents and promote responsible behavior on Florida’s busy waterways.
How is BAC measured in Florida?
Law enforcement measures an individual’s BAC using breath, blood, and urine tests. Law enforcement officers, including police, sheriff’s deputies, Florida Fish and Wildlife Conservation Commission officers, and U.S. Coast Guard officers, can all stop a vessel if they suspect a boater of boating under the influence of alcohol or drugs. Once the suspect is stopped, they are subject to Florida’s implied consent law, which means they’re required to submit to chemical testing. Refusing a chemical test can result in additional penalties, such as the extended suspension of your boating privileges.
What are the penalties for boating under the influence?
You don’t want to be arrested for boating under the influence. Florida treats it as a serious matter. Under Florida law, a first BUI conviction can lead to a fine between $250 and $500, up to six months in jail, probation, community service, and being required to take a substance abuse education course. In some cases, the courts can also order the impoundment of your vessel.
A second offense results in higher fines and a greater risk of jail time. If you commit a third BUI offense within 10 years, it’s classified as a felony, which is punishable by up to five years in prison.
In addition, the penalties are increased if you caused a serious injury or death, even to one of your passengers. If your BAC is found to be 0.15% or higher, you will also face aggravated BUI charges.
Talk to a Tallahassee BUI Attorney Today
Luke Newman, P.A. represents the interests of those charged with BUI in Tallahassee. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin discussing your defense right away.
