Boating Under the Influence (BUI) Lawyer

What counts as boating under the influence in Florida?

BUI is charged under F.S. 327.35 when a vessel operator is alleged to be impaired. The standard mirrors DUI: the state can rely on impairment of normal faculties by alcohol or a chemical or controlled substance, or on a breath or blood alcohol level of 0.08 or higher. The charge applies to the person operating the vessel, so who was actually operating is often a real question.

BUI is a separate offense from DUI, with its own statute and penalty provisions. Its specific consequences depend on the facts and the person's record, so they are explained case by case rather than assumed from DUI rules.

Why the water changes the evidence

The standardized exercises used in DUI investigations are meant to be given and scored under national NHTSA standards. On the water, conditions are different. Sun, wind, heat, dehydration, boat motion and long hours outdoors can affect balance, eye movement and speech, and those conditions are relevant when reviewing an officer's observations.

The reason the vessel was stopped or approached is reviewed as well. A motion to suppress can ask the court to exclude evidence obtained unlawfully, and that question applies on the water just as it does on the road.

Testing and records in a BUI case

Breath or blood testing may follow a BUI arrest, and the same questions apply as on land: how the sample was taken, whether procedures were followed and whether the records support the result. For breath testing, that includes the instrument records and the observation period required before the test. For blood, the collection, handling and lab procedures can be reviewed.

Through discovery, the defense receives reports, test records and any video. Florida allows depositions of witnesses in criminal cases, which can include officers and others who were aboard. In misdemeanor cases, which include most BUI charges, depositions are more limited and generally need a showing of good cause.

How a BUI defense is approached

A defense review typically looks at who was operating, why officers made contact, how the exercises were conducted given the conditions, and whether testing followed the rules. Depending on what the evidence shows, a case may end by dismissal, plea or trial.

Because BUI and DUI share a standard but sit in different statutes, the consequences, including any effect on driving privileges, are reviewed specifically for the BUI charge rather than borrowed from DUI rules. DUI Lawyers Shield Firm offers a free case review for BUI arrests on Florida waters.

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General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Questions about boating under the influence (BUI)

Yes, the core standard is the same. BUI under F.S. 327.35 uses impairment of normal faculties or a breath or blood alcohol level of 0.08 or higher for vessel operators. The setting is different, though, and conditions on the water can affect how the evidence of impairment should be read.

BUI applies to the person operating the vessel. When several people are aboard, who was actually operating at the relevant time can be disputed, and the evidence on that point, such as witness accounts, video and the officers' own observations, is reviewed carefully. Being aboard a boat where alcohol is present is not the same as operating it while impaired.

Conditions on the water can affect balance, coordination and eye movement even in people who have not been drinking. The standardized exercises are meant to be given and scored under NHTSA standards, so how and where they were given matters. A review compares the conditions described in reports and video with how the exercises were actually conducted and scored.

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