Boating Under The Influence

Miami BUI Attorney

Under state law, there are key differences between driving under the influence (DUI) in Miami and boating under the influence (BUI). On the road, an officer needs probable cause to stop you for a suspected DUI, but on the water, law enforcement does NOT need a reason to stop your boat to ensure it complies with the laws and restrictions for operating a watercraft.

Similar to DUI laws, the legal blood alcohol limit for operating a boat is .08% – anything above .08% is presumed boating under the influence with an unlawful breath alcohol level. A person under the age of 21 can be charged with a BUI if they have any alcohol in their system. That’s a no-tolerance statute.

BUI officers can order you to stop your boat if they believe you are violating a regulation or are speeding, but they can also randomly stop you to inspect your equipment, check for fishing compliance, or ensure you have your safety registration on board. Once aboard your boat, the officers can ask you to partake in a hand-held breath test, complete sobriety exercises, or take a chemical test via blood, breath, or urine.

Florida BUI Penalties

A person can face a variety of BUI penalties depending on the severity of their case and how many prior BUI offenses they have, potential BUI penalties include:

First conviction – Fines of up to $500 and jail time of no more than 6 months
Second conviction – Fines of up to $1,000 and jail time of no more than 9 months
Third violation outside of 10 years of a prior – Fines up to $2,500 and up to 12 months of jail
Third violation within 10 years of a prior felony – Jail time of no more than 5 years
Fourth or subsequent conviction – Fine of no less than $1,000
BUI causing or contributing to property damage – Jail time of up to 12 months
Second-degree charges for BUI manslaughter – Up to 15 years in a state prison

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