28.16 [FELONY] BOATING UNDER THE INFLUENCE
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 28.16
- Statute
- § 327.35(2)(b)1. or § 327.35(2)(b)3., Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Boating Under the Influence, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) operated a vessel.
2. While operating the vessel, [he] [she]
Give 2a or 2b or both as applicable.
a. was under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that [his] [her] normal faculties were impaired.
b. had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give if applicable. § 327.35(4), Fla. Stat.
If you find the defendant guilty of Boating Under the Influence, you must also determine whether the State has proven beyond a reasonable doubt whether:
a. the defendant had a [blood] [breath]-alcohol level of .15 or higher while operating the vessel.
b. the defendant was accompanied in the vessel by a person under the age of 18 years at the time of the Boating Under the Influence.
Lesser-included offenses
As the instruction lists them, word for word.
[FELONY] BOATING UNDER THE INFLUENCE — PRIOR CONVICTIONS — 327.35(2)(b)1. or 327.35(2)(b)3.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| BUI | 327.35(1) | 28.14 | |
| Attempt | 777.04(1) | 5.1 | |
| BUI causing property damage or injury | 327.35(3)(a), (3)(b), (3)(c)1. | 28.15 |
Related practice page
Boating Under the Influence (BUI) Defense in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.