Boating Under the Influence (BUI) Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Has to Prove

Under Florida's BUI law (s. 327.35), a person commits BUI if he or she is operating a vessel in Florida and:

• is under the influence of alcohol, certain chemical substances, or a controlled substance to the extent that normal faculties are impaired; or
• has a blood-alcohol level of 0.08 or more; or
• has a breath-alcohol level of 0.08 or more.

"Operate" is broader than driving the boat. Florida's boating law defines it to include being in charge of, in command of, or in actual physical control of a vessel, or having responsibility for its navigation or safety while it is underway. Who was really in charge of the boat is often a real question in these cases.

BUI Penalties in Florida

For a BUI conviction, the statute provides:

Higher penalties apply if the blood- or breath-alcohol level was 0.15 or higher, or if a person under 18 was on board: $1,000 to $2,000 and up to 9 months for a first conviction; $2,000 to $4,000 and up to 12 months for a second; at least $4,000 for a third or later.

The law also requires, for every BUI conviction:

• Monthly reporting probation and a substance abuse course, with evaluation and treatment if the course provider refers you.
• For a first conviction: probation of up to 1 year, at least 50 hours of community service, and 10 days of impoundment or immobilization of the vessel, or of one vehicle registered in your name. Probation plus jail cannot total more than 1 year.
• For a second conviction within 5 years: at least 10 days in jail and 30 days of impoundment or immobilization.
• For a third conviction within 10 years: at least 30 days in jail and 90 days of impoundment or immobilization.
• An added $60 fine, and a separate $500 fine under Florida's mandatory-education law for anyone convicted of a criminal violation of the boating-safety chapter.

Those are the general penalties the statutes set. They are not what every case gets.

Your car record counts. Florida counts a prior DUI conviction as a prior BUI conviction, and a prior BUI conviction as a prior DUI. A boating case today can raise the stakes on a driving case later, and the other way around.

BUI With Property Damage, Injury, or Death

• BUI causing or contributing to damage to the property or person of another: first-degree misdemeanor.
• BUI causing or contributing to serious bodily injury to another: third-degree felony.
• BUI manslaughter (a death; since July 1, 2025, the law expressly includes the death of an unborn child): second-degree felony. It becomes a first-degree felony if the operator knew or should have known of the accident and failed to give information and render aid, or, since October 1, 2025, if the person has a prior conviction for BUI or DUI manslaughter, vehicular homicide, or vessel homicide.
• Since July 1, 2025, a BUI manslaughter conviction carries a 4-year mandatory minimum prison sentence.
• These 2025 changes reach crashes on or after those dates. Florida's Constitution forbids ex post facto laws, so for an earlier crash the older law applies.

When a boat crash causes death or serious bodily injury and the officer has probable cause that the operator was impaired, Florida law requires the operator to give a blood sample, and the officer may use reasonable force to get it. That test does not have to follow an arrest. These cases call for fast, early investigation.

Breath, Urine, and Blood Tests (Implied Consent)

By operating a vessel in Florida, you are treated as having agreed to an approved breath test (for alcohol) or a urine test (for chemical or controlled substances) if you are lawfully arrested for boating under the influence. A blood test can be requested if there is reasonable cause to believe you were boating under the influence, you appear for treatment at a hospital, clinic, or other medical facility (including an ambulance), and a breath or urine test is impractical or impossible.

Breath testing has to be done substantially according to methods approved by the Florida Department of Law Enforcement, which regulates the machines, the operators, and the blood analysts. When the testing falls short, the result can be challenged.

Refusing the Test on a Boat

Refusing a test on the water works differently than refusing in a car:

• A refusal after a lawful BUI arrest carries a $500 civil penalty. You can ask for a hearing before a county court judge within 30 days. The outcome is reported to the Department of Highway Safety and Motor Vehicles and goes on your driving record.
• If you don't pay the penalty or ask for a hearing within 30 days of notice, operating any vessel on Florida waters is a first-degree misdemeanor.
• Refusing a breath or urine test, after being warned of the consequences, becomes a first-degree misdemeanor if you were previously fined for a boating refusal or previously had your driver license suspended for refusing a breath, urine, or blood test.
• The refusal can be used as evidence in a criminal case.

On our DUI page, you'll see that refusing a breath or urine test in a car is now a crime even the first time. On a boat, a first refusal is a civil penalty unless one of those prior refusals is on your record. A boating refusal fine can follow you onto the road, too: the warning Florida gives drivers says a car refusal is a first-degree misdemeanor if the driver was previously fined for a boating refusal.

Under 21

For a boater under 21, a breath-alcohol level of 0.02 or higher while operating a vessel is a noncriminal infraction. The court must order 50 hours of community service, a boating safety course at your own expense, and no operating any vessel until the community service is done. Refusing the breath test after a warning is also a violation. A BUI charge can still be filed on top of it.

Can FWC or Marine Patrol Stop My Boat Just to Check?

Florida's boating law is enforced by FWC officers, county sheriffs' deputies, city police officers, and other law enforcement officers.

Since July 1, 2025, Florida law says:

• An officer may not board any vessel or stop a vessel unless the officer has probable cause to believe a violation of the boating-safety chapter has occurred or is occurring.
• An officer may not stop or board a vessel for the sole purpose of a safety or marine-sanitation equipment inspection. Equipment violations are now secondary offenses.

FWC officers also have separate powers under the fish and wildlife laws, and the 2025 boating law did not change them. An FWC officer may board, inspect, and search, without a warrant, a boat carrying or storing fish when the officer has reason to believe fish or saltwater products were taken or kept in violation of the law. An FWC officer who has probable cause to believe the boat was used for fishing may open and inspect, while the boat is on the water, the places catch is normally kept, such as coolers, fish boxes, and bait wells, but not containers in the sleeping or living areas. The two laws are written separately, and how they apply to your stop is one of the first things we look at. See our Fish & Wildlife Charges page.

Why it matters: in many BUI cases, the stop is where the defense starts. If the officer had no lawful reason to stop or board the boat, the evidence that followed may be challenged. See Motions to Suppress.

How We Defend BUI Cases

• The stop and the boarding. Did the officer have probable cause of a boating violation, or was this an equipment check in disguise?
• Who was operating. Being on a boat, or even owning it, is not the same as operating it.
• Sea legs, not impairment. Sun, wind, waves, salt spray, dehydration, and a rocking deck affect balance, speech, and eyes. Exercises done on a boat or a dock after hours on the water are not a fair test.
• The breath and blood evidence. Was the machine approved and maintained, was the operator permitted, and was the test given the right way? How was the blood drawn and handled?
• The refusal warnings. Were you told what the law requires before being asked to submit?
• The video and the reports. Body cams and patrol-boat cameras often tell a different story.

What to Do After a BUI Arrest

1. Call a lawyer right away. Refusal deadlines run in days.
2. Keep every paper you were given, including any refusal notice.
3. Write down where you were, what you ate and drank and when, the weather and water conditions, and who was operating the boat.
4. Get names of everyone on board and nearby.
5. Don't talk about the case with anyone but your lawyer, and don't post about it.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is BUI the same as DUI?

They are separate crimes with the same 0.08 limit and similar penalties. A conviction for one counts as a prior for the other. The testing and refusal rules are different. See our DUI page.

I was just a passenger. Can I be charged?

The charge requires that you were operating the vessel, which the law defines as being in charge of, in command of, or in actual physical control of it. Who was operating is often disputed.

Can I go home after a BUI arrest?

Not right away. Florida law holds a BUI arrestee until he or she is no longer impaired, has a blood- or breath-alcohol level under 0.05, or until 8 hours have passed.

Will they take my boat?

On a first conviction, the court must order the vessel, or one vehicle registered in your name, impounded or immobilized for 10 days, with longer periods for repeat convictions. Owners who weren't operating can ask the court to dismiss the order in some situations.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.