Last updated February 2026
Florida isn’t just about driving — it’s also about being on the water. But operating a boat while impaired can bring criminal charges nearly identical to a DUI.
Under Florida Statute §327.35, it’s unlawful to operate a vessel while impaired by alcohol or drugs or with a BAC of 0.08 or higher. That’s the same legal limit applied in DUI cases on the road.
For a broader overview of DUI defense in Florida — including how alcohol-related offenses are prosecuted on land and water — see our Fort Lauderdale DUI defense guide.
📜 How BUI Compares to DUI
Similarities:
BAC limit of 0.08
Testing via breath, blood, or urine
Administrative license consequences
Penalties escalate for high BAC, repeat offenses, or accidents
Differences:
Applies to boats, jet skis, or any vessel on Florida waters
Enforced by marine units, FWC, and local police on the water
Instead of traffic stops, officers conduct safety checks or respond to boating incidents
⚖️ Penalties for Boating Under the Influence in Florida
First BUI offense:
Up to 6 months jail
$500–$1,000 fines
Probation and community service
Second offense:
Up to 9 months jail
$1,000–$2,000 fines
Mandatory ignition interlock if also licensed for driving
With property damage or injury:
First-degree misdemeanor, up to 1 year jail
With serious bodily injury:
Third-degree felony, up to 5 years prison
BUI manslaughter:
Second-degree felony, up to 15 years prison
First-degree if leaving the scene
🛡️ Defenses to BUI in Florida
Illegal stop: Did officers have legal grounds for the vessel inspection?
Testing issues: Breath/blood collection errors, chain of custody problems.
Causation: Was impairment truly the cause of the boating incident?
Medical conditions: Balance, speech, or fatigue from boating conditions can mimic impairment.
🌟 Why Local Experience Matters
BUI cases in Broward and South Florida waters are prosecuted aggressively, especially during holiday weekends or high-traffic boating seasons. A Fort Lauderdale lawyer familiar with local courts and marine enforcement can make a major difference.
📍 Arrested for BUI in Florida?
Don’t assume it’s “less serious” than DUI. BUI carries the same stigma and many of the same penalties.
👉 Contact a proven Fort Lauderdale BUI lawyer today to protect your record and your freedom and request a confidential consultation.
❓ FAQs: Boating Under the Influence in Florida
❓🚤 Is BUI the same as DUI in Florida?
Yes — both use the same BAC limit (0.08) and similar penalties under Florida law.
❓⚖️ What statute covers boating under the influence?
Florida Statute §327.35 defines BUI and penalties.
❓🛑 Can I lose my driver’s license for a BUI?
Yes. Administrative consequences can affect your driver’s license as well.
❓🧪 How do police test for BUI?
Through breath, blood, or urine testing, along with field evaluations on the water or at dock.
❓🌊 Who enforces BUI laws in Florida?
Local police, sheriff’s marine units, and the Florida Fish & Wildlife Conservation Commission (FWC).