You can get a DUI on a boat in Florida. It has its own name and its own statute: boating under the influence, Florida Statute 327.35. A first conviction carries a fine of $500 to $1,000 and up to six months in jail. A third conviction within 10 years of a prior one is a third-degree felony, and causing a death while boating under the influence is BUI manslaughter, a second-degree felony.
If you are arrested for a BUI, talk to a Florida DUI defense attorney early. Partner Matt Shafran heads the Criminal Defense Division at Weinstein Legal Team and has handled boating under the influence cases. The facts a BUI case turns on, such as what the officer saw before the stop and how the testing was carried out, are easiest to pin down while they are fresh.
What Is a BUI (Boating Under the Influence) Charge?
Boating under the influence is Florida's version of a DUI on the water, and it has its own statute. Florida Statute 327.35(1) makes it an offense to operate a vessel in Florida while under the influence of alcohol, a chemical substance or a controlled substance to the extent your normal faculties are impaired, or with a blood-alcohol or breath-alcohol level of 0.08 or more. Florida Statute 327.02 defines operating a vessel as being in charge of, in command of, or in actual physical control of it.
The 0.08 limit is the same one that applies to cars. The under-21 limit of 0.02 is not. That rule comes from Florida Statute 322.2616(1)(a) and applies to driving or being in actual physical control of a motor vehicle; chapter 327 sets no separate BUI threshold for boaters under 21, so the 0.08 limit applies to them as well. A boater under 21 who is drinking still faces a second-degree misdemeanor for possession of alcohol under Florida Statute 562.111.
Your reading is not the only route to an arrest. Florida Statute 327.35(1)(a) reaches anyone whose normal faculties are impaired by alcohol, a chemical substance or a controlled substance, whatever the number, so you can be arrested for a DUI on a boat with no test at all. Once you are arrested, section 327.35(8) keeps you in custody until you are no longer impaired, until your level is below 0.05, or until eight hours have passed. Impairment is a judgment call, which is why what the officer observed and recorded matters so much in a boat under the influence case. That record is the ground a defense is built on.
What Are the Consequences of Getting a DUI on a Boat?
Florida Statute 327.35(2) sets a first BUI conviction at a fine of $500 to $1,000 and up to six months in jail, and a second at $1,000 to $2,000 and up to nine months. Under section 327.35(6)(a) a first conviction also brings probation of up to a year, at least 50 hours of community service, and impoundment or immobilization of the vessel for 10 days. A third conviction within 10 years of a prior one is a third-degree felony under section 327.35(2)(b)1., as is a fourth or later conviction whenever the earlier ones happened.
More importantly, the charge will appear on your public record. Potential employers and landlords will be able to see the charge and conviction, and you may be excluded from obtaining specific job opportunities.
Two facts raise the penalty on their own. Under Florida Statute 327.35(4), a breath or blood level of 0.15 or higher, or a passenger under 18 aboard, raises a first conviction to a fine of $1,000 to $2,000 and up to nine months in jail. Causing harm changes the charge itself: under section 327.35(3)(a)3., damage to the property or person of another is a first-degree misdemeanor, serious bodily injury is a third-degree felony, and a death is BUI manslaughter, a second-degree felony.
If you are found guilty of causing bodily harm to another, or damaging property, not only will you be responsible for the legal fees and fines, but you may also be held accountable for compensating the victims and repairing the property.
Additionally, if you are arrested on a BUI you face the possibility of more fines if your watercraft is not compliant with all aspects of Florida boating laws. These laws include having a flotation device available for each person on board, having a functional fire extinguisher, up-to-date registration, flares, and more. Should you be arrested for a DUI on a boat and be in violation of any other regulations, you may be fined for them separately. The costs can quickly add up.
The best way to defend yourself against these penalties is to hire an experienced BUI attorney.
Florida Boating Laws and Alcohol
Florida is famous for its beautiful beaches, the Intracoastal Waterway, and other scenic waterways. It's the perfect environment, nearly year-round, to head out on the water. Many people go out on boats with family on the weekends, with friends as a celebration, or to relax and soak up the sun. Sometimes, there is alcohol involved.
Under Florida state law, it is not illegal to have alcohol on a boat. You may have alcohol on your watercraft, and people may drink while out on the water. However, once you are determined to be the boat operator, it becomes illegal for you to be impaired.
It is also important to note that operating any watercraft while impaired is illegal as per Florida boating laws. These include kayaks, jet skis, canoes, sailboards, and more.
What Does the "Boat Operator" Mean?
The under-14 rule is narrower than people assume. Florida Statute 327.39(5) bars anyone under 14 from operating a personal watercraft, which means a jet ski or similar craft, and section 327.39(6) makes it a second-degree misdemeanor for the owner or the person in charge to let them. Florida sets no equivalent minimum age for boats generally. What it requires there is a Florida boating safety identification card under Florida Statute 327.395 for anyone born on or after January 1, 1988 who operates a vessel powered by a motor of 10 horsepower or more.
Ownership is not what makes you the operator. Under the Florida Statute 327.02 definition, the operator is whoever is in charge of, in command of, or in actual physical control of the vessel, so a passenger who takes the wheel is operating it and an owner asleep in the cabin is not.
When Can an Officer Stop You on the Water?
Florida Statute 327.70(1) gives enforcement authority over chapter 327 to the Fish and Wildlife Conservation Commission Division of Law Enforcement, county sheriffs and their deputies, municipal police and other law enforcement officers, and the United States Coast Guard has separate federal authority on the water. Since the 2025 amendments to section 327.70, vessels receive a "Florida Freedom Boater" safety inspection decal at registration or renewal, and section 327.70(2)(b) frames a stop around an officer having probable cause to believe a chapter 327 violation has occurred or is occurring. Your Fourth Amendment protections travel with you onto the water.
An officer or member of the Coast Guard may stop you on the water for a variety of reasons. Violating speed limits, operating a vehicle erratically, not having a registration sticker displayed, or having a child in danger by not wearing the proper flotation device. All of these scenarios fall under probable cause for a stop, much like driving on the road.
As water officers are police officers, you must comply. If you attempt to flee, you may face further charges or fines. You cannot simply ignore a request to stop, and if you do, you may face steep consequences. Florida's implied consent law reaches the water through Florida Statute 327.352(1)(a): operating a vessel in Florida is deemed consent to a breath, blood or urine test once an officer has lawfully arrested you for an offense committed while operating a vessel under the influence.
Refusing carries a different penalty on the water than it does on the road. Under Florida Statute 327.35215(1), refusing a lawful test after a BUI arrest is a $500 civil penalty rather than a crime, and you have 30 days to request a hearing before a county court judge. It becomes a first-degree misdemeanor under section 327.35215(4) only if you keep operating a vessel after 30 days without paying the penalty or requesting that hearing. On the road the rule is now stricter: since chapter 2025-121 took effect on October 1, 2025, a first refusal of a breath or urine test after a driving arrest is a second-degree misdemeanor under Florida Statute 316.1939.
Defenses for Receiving a DUI on a Boat
There are many defenses that an experienced attorney can help build when you are arrested for a DUI on a boat. For this reason, you must hire one as soon as possible. Possible defenses include a lack of probable cause, lack of evidence that you were intoxicated, and more. An experienced DUI defense attorney knows the ins and outs of Florida boating laws and will best help your case.
Do not wait to hire an attorney once you are arrested for a DUI on a boat. Due to the steep consequences associated with the charge, and the fact that it is a serious criminal matter, take action immediately.
Contact Weinstein Legal Team today to speak with an experienced criminal defense attorney in Florida today for your free case evaluation.
