Legal Help on Florida's Boating Under the Influence Charge

Florida's location in the Gulf of Mexico and North Atlantic Ocean makes boating a year round activity for its citizens and tourists to enjoy. As a result though, Florida leads the country in the number of boating accidents. While statistics are unclear regarding the alcohol-related nature of these accidents, it is reasonable that the state comes down hard on the crime of boating under the influence.

The crime of boating under the influence is governed by Florida Statute § 327.35, that states the crime of boating under the influence is committed if the defendant is operating a vehicle in the state and is under the influence of alcoholic beverages or other substances and are affected to where their normal faculties are impaired.

The second method of proving boating under the influence is establishing an unlawful blood or breath-alcohol level, which is defined under the BUI statute as a blood-alcohol level of 0.08 or greater grams of alcohol per 100 milliliters of blood or a breath alcohol level of 0.08 grams of alcohol per 210 liters of breath.

If you are a defendant who has been convicted for boating under the influence, this conviction may result in fines, prison time, probation, or impounding or immobilization of your vehicle. You may also be required to attend a substance abuse course or take a substance abuse evaluation or treatment. Whether a person has previously been convicted of a boating under the influence charge has a direct impact on how the subsequent boating under the influence offense is categorized. Any prior conviction of driving under the influence constitutes a conviction for boating under the influence for these purposes.

Florida's Governor approved an amendment to the BUI statute on May 27, 2009. The change lowered the blood-alcohol or breath-alcohol level to 0.15 from 0.20. The result of the amendment is that greater sanctions are imposed for situations where the blood alcohol level is at or above zero.15. The 0.08 breath alcohol and blood alcohol level stays the same.

Separate from the usual 4th Amendment protection from illegal search and seizure, boating under the influence arrests have less protection when stop is by the U.S. Coast Guard, which is local law enforcement or a customs official. They may board a vessel any time to conduct an inspection, without reasonable suspicion of unlawful activity or probable cause. 14 U.S.C. § 89; Saunders v. State, 758 So. 2d 724 (Fla. 2nd DCA 2000) and 19 U.S.C. § 1581(a); U.S. v. Villamonte-Marquez, 462 U.S. 579 (1983). The ability of these officials to board a vessel at anytime means that an operator of a boat should take extreme caution and care when consuming alcohol and navigating the waterways.

A BUI charge is easier to avoid than to fight in a court of law. Therefore, please be cautious while enjoying the one of the best outdoor activities that the State of Florida has to offer.


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Ryan Rooth is a Florida DUI defense lawyer who can help you navigate through the intimidating world of criminal law. If you have been arrested for driving under the influence, claim your FREE e-book providing help on your Florida criminal case, available at =>

http://www.roothlawgroup.com