Boating under the influence in Florida is Fla. Stat. s. 327.35. Three changes since 2024 have altered what happens after a serious BUI arrest: BUI manslaughter is now a listed dangerous crime for pretrial release purposes, it carries a 4 year mandatory minimum sentence, and since July 1, 2026 a conviction for it means immediate remand to custody until sentencing.
Keep reading for what each change is, when it took effect, and what the penalties look like today.
Boating Under The Influence In Florida
While seasoned boaters are likely aware of Florida’s strict BUI laws, thousands of tourists and first-time boaters are surprised to find out just how serious the penalties are for drinking while driving a watercraft.
Boating Under the Influence (BUI) in Florida refers to operating a vessel while under the influence of drugs or alcohol. In Florida, individuals can be convicted of BUI if they're found operating a boat with a blood or breath alcohol concentration (BAC) of 0.08% or more.
Like drunk driving laws are designed to ensure safety on the waterways and prevent boating accidents that can result in property damage, injury, or even death.
Recent Changes To Florida Laws Impacting BUI
Three chapter laws matter here, and all three are in force. Ch. 2023-27 (CS/CS/HB 1627), effective January 1, 2024, put BUI manslaughter on the pretrial dangerous crime list. Ch. 2025-197 (CS/CS/CS/HB 289, Lucy's Law), effective July 1, 2025, added a mandatory minimum sentence for BUI manslaughter. Ch. 2026-19 (CS/CS/HB 445, Missy's Law), effective July 1, 2026, added mandatory remand at conviction.
Pre-Trial Detention
Fla. Stat. s. 907.041(5)(a)10. lists manslaughter, "including DUI manslaughter and BUI manslaughter," as a dangerous crime. Two things follow from that listing.
Under s. 907.041(5)(b), a person arrested for a dangerous crime may not be granted nonmonetary pretrial release at first appearance once the court has found probable cause. Under s. 907.041(5)(c), the state attorney may move for pretrial detention, and the court may order it on a finding of a substantial probability that the defendant committed the crime and poses a threat of harm to the community.
Detention is not automatic. The State has to ask for it and the judge has to make that finding.
Increased Penalties
Lucy's Law added s. 327.35(3)(b): a person convicted of BUI manslaughter must be sentenced to a mandatory minimum term of 4 years in prison. That took effect July 1, 2025.
Ch. 2025-121 (Trenton's Law), effective October 1, 2025, rewrote s. 327.35(3)(a)3.c. BUI manslaughter now covers the death of an unborn child as defined in s. 775.021(5), and the charge becomes a first-degree felony where the operator has a prior conviction for BUI manslaughter, DUI manslaughter under s. 316.193(3)(c)3., vehicular homicide under s. 782.071, or vessel homicide under s. 782.072.
Missy's Law created s. 903.0472, effective July 1, 2026. A person who pleads guilty or no contest to, or is found guilty of, a dangerous crime is remanded to custody immediately and stays there until sentencing with no possibility of bond. BUI manslaughter is a dangerous crime, so this applies to it.
Everything below that line, an ordinary BUI or DUI with no injury, is still sentenced under s. 327.35(2) and s. 327.35(4).
Enforcement And Legal Process
Boating under the influence is enforced on Florida waters by the Florida Fish and Wildlife Conservation Commission, by county sheriffs' marine units, and by municipal police departments in coastal and waterfront cities.
They monitor the waterways and focus on the safe operation of vessels to ensure everyone's safety.
Arrest Procedures And Rights
An officer needs probable cause to arrest for BUI. It usually comes from erratic operation of the vessel, slurred speech, the smell of alcohol, or open containers aboard. Once the arrest is lawful the officer can require a breath or urine test under s. 327.352, and under s. 327.353 a blood test where the operator has caused death or serious bodily injury.
During the arrest, the officers must inform you of your rights. These rights include the right to remain silent, the right to legal counsel, and the right to be informed of the charges against you.
Testing For Alcohol And Chemical Substances
Operating a vessel in Florida waters is implied consent to a breath or urine test under Fla. Stat. s. 327.352, and to a blood test under s. 327.353 where the operator has caused death or serious bodily injury.
A first refusal after a lawful BUI arrest carries a $500 civil penalty under s. 327.35215(1), and you have 30 days to request a hearing on it before a county court judge. A later refusal, by someone already fined under s. 327.35215 or already suspended for refusing a test, is a first-degree misdemeanor under s. 327.352(1)(a).
Boating and driving are not the same on this point. Ch. 2025-121 made a first breath or urine refusal after a DUI arrest a second-degree misdemeanor under s. 316.1939, effective October 1, 2025. It did not criminalize a first BUI refusal, which is still the $500 civil penalty.
Consequences Of BUI Conviction
The consequences of a BUI conviction in Florida can be severe and far-reaching. They can affect your finances, freedom, and ability to operate vessels and vehicles. It's essential to be aware of these potential consequences and to follow Florida's BUI laws and regulations to ensure your safety and the safety of others on the water.
Fines And Financial Repercussions
A first BUI conviction carries a fine of $500 to $1,000 under s. 327.35(2)(a)1.a. A second conviction is $1,000 to $2,000. If your blood or breath alcohol level was 0.15 or higher, or a person under 18 was aboard, s. 327.35(4) raises the first-conviction fine to $1,000 to $2,000 and the second to $2,000 to $4,000.
On top of the fine, s. 327.35(9) adds a $60 assessment for the Brain and Spinal Cord Injury Program Trust Fund, and then come court costs, legal fees and your insurance.
Jail Time, Probation, And Criminal Records
A first BUI conviction carries up to 6 months in jail under s. 327.35(2)(a)2.a., or up to 9 months where s. 327.35(4) applies. A second conviction is up to 9 months, or up to 12 months under s. 327.35(4). A third conviction for an offense within 10 years of a prior one is a third-degree felony, and so is a fourth or subsequent conviction whenever the priors happened.
On a first conviction the court must also place you on probation for up to a year and order at least 50 hours of community service under s. 327.35(6)(a). Probation and jail together cannot exceed one year.
Vessel Impoundment And License Suspensions
On a first conviction, s. 327.35(6)(a) requires the court to order the vessel you were operating, or one vehicle registered in your name, impounded or immobilized for 10 days. That rises to 30 days on a second conviction within 5 years and 90 days on a third within 10 years. The impoundment cannot run at the same time as your jail term, so it is an additional 10, 30 or 90 days.
BUI Manslaughter And Serious Bodily Injury
An impaired operator who causes serious bodily injury to another commits a third-degree felony under s. 327.35(3)(a)3.b. One who causes a death commits BUI manslaughter, a second-degree felony under s. 327.35(3)(a)3.c., carrying the 4 year mandatory minimum in s. 327.35(3)(b). Serious bodily injury for this purpose is defined in s. 327.353(1)(b) as a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
If you have been affected by a BUI accident resulting in death or serious bodily injury, it's important that you know your rights and how Florida's laws may impact your situation. Consulting with a qualified attorney can help you through this difficult time and guide you on the right course of action.
Speak To A Florida BUI Lawyer About Your Charges
If you have been arrested for boating under the influence or BUI manslaughter in Florida, first appearance is where the pretrial release rules above bite, and that hearing happens within 24 hours. Even a first BUI conviction carries jail, a fine, probation, community service and an impoundment.
Weinstein Legal Team’s experienced criminal defense lawyers have over thirty years of combined experience defending Floridians against boating under the influence and other criminal charges. Click here to schedule a free consultation with an attorney, or call us today at 888.626.1108 to get started.
