Boating Under the Influence in Florida

Derek Tyler is an experienced attorney and counselor-at-law based in Fort Myers, Florida. He earned his juris doctor at the University of Miami in Coral Gables, Florida. In his role as a criminal litigation attorney, Derek Tyler has won a wide range of criminal jury trials, with charges ranging from murder to boating under the influence.

All states maintain a variety of operating under the influence (OUI) laws, including laws pertaining to the use of watercraft while intoxicated. In the same way that driving while over the legal drinking limit is illegal, all 50 states maintain boating under the influence (BUI) laws. Penalties can range from significant fines to jail time. In some states, an individual’s driver’s license may be suspended or otherwise impacted.

In the state of Florida, BUI laws are just as strict as DUI regulations. The legal blood alcohol content (BAC) limit is .08 percent, though this standard can be lowered to .05 if additional evidence relevant to the safe operation of the vessel can be found. Individuals charged with BUI offenses in Florida may be sentenced to jail time and can receive large fines. In severe cases, an individual may receive a felony conviction.

It should be noted that individuals over the .08 limit are also prohibited from operating water skis, sailboards, or any similar device. Furthermore, while .08 percent represents the BAC standard for BUI offenses, an individual can also be charged due to the use of drugs or other controlled substances.