Summer is almost here and that means boating season is upon us! Everyone knows about DUIs (driving under the influence) but how much do you know about BUIs (boating under the influence)? Florida law prohibits anyone from operating a “vessel” (i.e watercraft, barge, etc.) within the state of Florida while under the influence of drugs or alcohol. You can be convicted of boating under the influence for operating a vessel if you:

  • are affected to the extent that the person’s normal faculties are impaired by drugs, alcohol, or a combination of the two, or
  • have a BAC (blood or breath alcohol concentration) of 0.08% or greater

There are several factors that come in to play when being charged with a BUI:

  • Prior BUI or DUI convictions
  • An excessive BAC
  • Had a person under the age of 18 on the vessel
  • Caused or were partly responsible for an accident that involved property damage, injury, or death

The penalties for a Florida BUI depend on a number of factors, including whether the operator:

  • has a prior BUI or DUI conviction
  • had an excessive BAC
  • had a person under 18 years of age on the vessel at the time of the offense, and
  • caused or contributed to an accident involving property damage, injury, or death.

Penalties

First-Offense BUI Penalties

Most first-offense BUIs are a second-degree misdemeanor with a maximum of six months in jail and fines from $500 to $1000. Judges are also required to sentence the offender to probation but the total period of probation and jail time cannot exceed one year. Probation is typically 50 hours of community service and impoundment of the vessel for 10 days.

If the first-offense involves an accident, a high BAC, or a passenger under 18, the consequences are higher:

  • BAC of 0.15% or 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- up to one year in jail or a fine of $1,000.
  • Accident with serious injury: Third-degree felony- up to five years in prison or a $5,000 fine.
  • Accident involving death: First or second-degree felony- 15 to 30 years in prison or $10,000 in fines.

Second-Offense BUI Penalties

Most second-offense BUIs are a second-degree misdemeanor and you can receive a maximum of nine months in jail with fines from $1,000 to $2,000. If your second offense happens within five years of a previous BUI or DUI conviction, you will be sentenced to a minimum of 10 days in jail and the judge will typically impound the vessel for at least 30 days. If the offender’s BAC is higher than 0.15% their second offense, they can receive up to one year in jail with fines anywhere from $2,000 to $4,000.

Third-Offense BUI Penalties

If your third conviction is within 10 years of a previous conviction, you will be charged with a third-degree felony which results in up to five years in prison and fines of $5,000. If your third conviction is outside of the 10 year window, the offense will be a misdemeanor with up to one year in jail and a fine between $2,000 and $5,000.

If you have been charged with a BUI, you should not take it lightly. Contact one of our experienced attorneys today at (904) 358-3300 so that we can help you through the process.