In Florida, boating is more than a seasonal pastime, it’s a year-round way of life. With our warm climate, extensive waterways, inlets, lakes, and coastal access, thousands of residents and visitors take to the water every single day. Whether enjoying a relaxing fishing trip, cruising with family, or taking friends out for a weekend ride, boating is woven into the fabric of Florida living. But alongside this freedom comes serious responsibility, especially when it comes to boating under the influence.

Most people are familiar with DUI laws for operating a motor vehicle on public roadways, but far fewer understand that Florida enforces strict and often severe penalties for BUI, or boating under the influence. Florida law makes it clear: it is illegal for anyone to operate a “vessel” which includes boats, personal watercraft (Jet Skis), barges, sailboats, or any other watercraft while impaired by alcohol or drugs. A person is considered to be boating under the influence if they:

  • Are affected to the point that your normal faculties are impaired by alcohol, drugs, or a combination of the two; or
  • Have a blood or breath alcohol concentration (BAC) of 0.08% or higher.

Because boating conditions can be unpredictable, even small amounts of impairment can greatly increase risks. Sun exposure, heat, dehydration, glare, waves, and engine noise all compound the effects of alcohol. For this reason, Florida law enforcement agencies take boating under the influence very seriously.

Factors That Increase the Severity of a BUI Charge

When someone is charged with boating under the influence, several aggravating factors can elevate the consequences, including:

  • Prior BUI or DUI convictions
  • A high BAC, typically 0.15% or higher
  • Having a passenger under 18 years old aboard
  • Causing or contributing to an accident that results in property damage, personal injury, or death

These factors not only increase potential penalties but also strongly influence how prosecutors pursue a case.

Penalties for Boating Under the Influence in Florida

Penalties for boating under the influence vary significantly depending on the offender’s history, the circumstances of the incident, and whether injuries or property damage occurred.

First-Offense BUI Penalties

For most individuals, a first boating under the influence is charged as a second-degree misdemeanor. The standard penalties include:

  • Up to six months in jail
  • Fines ranging from $500 to $1,000
  • Mandatory probation, with the combined jail and probation period totaling no more than one year
  • 50 hours of community service
  • 10-day impoundment of the vessel

However, the consequences increase sharply if certain aggravating factors apply:

  • BAC (Blood Alcohol Content) of 0.15% or higher, or a passenger under 18:
    Second-degree misdemeanor, up to nine months in jail, and fines between $1,000 and $2,000.
  • Accident with property damage or minor injuries:
    First-degree misdemeanor, punishable by up to one year in jail or fines up to $1,000.
  • Accident causing serious injury:
    Third-degree felony, up to five years in prison and a $5,000 fine.
  • Accident involving death, (BUI manslaughter):
    First- or second-degree felony with penalties ranging from 15 to 30 years in prison and fines up to $10,000.

Second-Offense BUI Penalties

A second boating under the influence conviction is also typically a second-degree misdemeanor, with:

  • Up to nine months in jail
  • Fines between $1,000 and $2,000

If the second offense occurs within five years of a prior BUI or DUI conviction:

  • A minimum 10-day jail sentence is mandatory
  • The vessel is usually impounded for at least 30 days

If the offender’s BAC is 0.15% or higher, jail time can increase to one year, and fines can range from $2,000 to $4,000.

Third-Offense BUI Penalties

The severity of a third boating under the influence charge depends heavily on the timing of prior convictions:

  • Within 10 years of a prior conviction:
    Third-degree felony, up to five years in prison and a $5,000 fine.
  • Outside the 10-year window:
    Charged as a misdemeanor, with up to one year in jail and fines between $2,000 and $5,000.

Like DUI offenses, repeated BUI offenses often result in harsh sentencing, including long-term probation, extensive fines, mandatory treatment programs, and other sanctions.

Why a BUI Charge Should Never Be Taken Lightly

A boating under the influence conviction can carry lifelong criminal, financial, and personal consequences. Beyond jail time and fines, a conviction can affect employment, insurance rates, professional licensing, and future legal standing. Many people underestimate the seriousness of BUI charges because they occurred on the water rather than on the road, but Florida law sees DUI and BUI as equally dangerous.

If you or someone you know has been charged with boating under the influence, it is essential to seek experienced legal help immediately. Our DUI/BUI attorneys are very experienced with Florida’s BUI Laws and how BUI cases are investigated, how evidence is collected on the water, and how to challenge BAC test results, officer observations, vessel stops, and field sobriety procedures.

Call (904) 358-3300 today to speak with one of our experienced attorneys. We know how to protect your rights and fight for the best possible outcome.