Florida Maritime Laws on Boating Under the Influence (BUI)

Florida Maritime Laws on Boating Under the Influence (BUI)

Florida is renowned for its beautiful waterways, which draw countless boating enthusiasts each year. However, with the popularity of boating comes the responsibility to understand and abide by maritime laws, particularly regarding Boating Under the Influence (BUI). This article will outline Florida’s maritime laws concerning BUI, the consequences of violations, and offer important safety tips for boaters.

Understanding BUI in Florida

Boating Under the Influence (BUI) in Florida is defined as operating a vessel while impaired by alcohol or drugs. Florida law states that a person with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with BUI, similar to DUI laws for motor vehicles. However, this limit can be lower for operators of commercial vessels, personal watercraft, and those under the age of 21, where a BAC of 0.02% is sufficient for arrest.

Key Statutes and Penalties

Florida Statutes Section 327.35 governs BUI offenses. Penalties for BUI vary based on the number of offenses and the circumstances surrounding the event:

  • First Offense: A first-time BUI charge can result in fines up to $1,000 and up to six months in jail. Additionally, offenders face community service requirements and mandatory enrollment in a substance abuse education course.
  • Second Offense: For a second BUI offense, penalties increase significantly. Offenders may face fines up to $2,000, jail time up to nine months, and possible impoundment of their vessel.
  • Third Offense: A third BUI within ten years can result in felony charges, with fines of up to $5,000 and imprisonment ranging from one to five years.

More severe penalties apply if the BUI results in injury or death, including potential felony homicide charges.

Field Sobriety Tests and Implied Consent

In Florida, anyone operating a vessel implicitly consents to submit to breath, blood, or urine tests if deemed necessary by law enforcement. Refusal to take these tests can result in immediate penalties, including fines and the possible suspension of boating privileges for up to one year.

Safety Tips for Boaters

To avoid the pitfalls of BUI, boaters should adhere to several safety practices:

  • Designate a sober operator: Always assign a designated driver for your boat who has not consumed alcohol.
  • Stay informed: Stay updated on weather conditions and local laws regarding boating.
  • Enjoy responsibly: If consuming alcohol while boating, do so in moderation and be aware of your limits.

Educating all passengers on the importance of boating safety and the risks associated with BUI can significantly contribute to a safer outing on the water.

Conclusion

Understanding Florida's maritime laws regarding Boating Under the Influence is crucial for anyone who enjoys the state's beautiful waters. Adhering to these laws not only promotes safety but also ensures a pleasurable experience on the water. Always prioritize safety, remain sober while operating a vessel, and make informed choices to protect yourself and others while enjoying Florida's waterways.