Image of attorneys and staff at Brunvand Wise, P.A.

The Strong Defense
You Deserve

Text Us Now

Arrested for BUI in Florida? Understanding the BUI Process


Navigating the blue waters of Florida can be a thrilling experience, but it’s crucial to ensure safety and adhere to the state’s boating under the influence (BUI) laws. Boating under the influence in Florida is a serious offense with hefty penalties that can have lasting effects on an individual’s life. If you are a boating enthusiast or someone who loves spending time on Florida’s waterways, understanding the BUI process is essential.

Florida BUI Laws and Statutes

Florida’s vast waterways and picturesque weather are a haven for boaters. However, the state is stringent about BUI offenses to ensure everyone’s safety. Florida Statute Section 327.35 clearly states that boating under the influence of alcohol or drugs is prohibited. A person is deemed under the influence if:

  • Their blood alcohol level is .08 or more.
  • Their regular faculties are impaired due to alcohol or drugs.

Notably, individuals below the age of 21 should be even more cautious, as the acceptable blood alcohol level is capped at .02 for them.

A BUI offense can lead to significant penalties. For first-time offenders, the consequences can include a fine up to $1,000, a jail term of up to 6 months, or both. Repeat offenders face increased penalties, with a third conviction within ten years being considered a third-degree felony.

The Boat Stop and BUI Checks

The Florida Fish and Wildlife Conservation Commission (FWC) along with other law enforcement agencies vigilantly patrols the state’s waters. Boaters might be stopped for routine safety inspections, visible boating law violations, or signs of potential impairment, such as erratic boat operation.

During these checks, officers are trained to identify signs of impairment. If suspicion arises, field sobriety exercises might be conducted. It’s worth noting that refusing these exercises can potentially be used against you in a court of law.

The BUI Arrest and Subsequent Criminal Process

If a boating enthusiast is suspected of being under the influence, an arrest can ensue. Once at the police station, a breathalyzer test may be performed to ascertain the blood alcohol content. Failing this test, or refusing to take it, leads to a BUI charge.

Post-arrest, the legal proceedings commence with an arraignment, followed by the discovery process. Plea negotiations might ensue to prevent a full-fledged trial. However, if no agreement is reached, the case will head to trial, where the onus is on the prosecution to prove the defendant’s guilt beyond a reasonable doubt.

Why Secure a Florida BUI Defense Attorney?

Facing the legal labyrinth post a BUI arrest is no simple feat. This is where a seasoned Florida BUI defense attorney comes into play. Such professionals can:

  1. Safeguard your rights.
  2. Challenge questionable evidence.
  3. Represent you during trials.
  4. Offer guidance on the best legal route based on your unique situation.

In essence, having an attorney can be the difference between severe penalties and a favorable outcome.


Florida’s BUI laws prioritize the safety of its waterway users. While boating is a beloved activity, it’s imperative to understand the ramifications of boating under the influence. Always opt for a designated boat operator or abstain from drinking while on board. But, if you ever find yourself ensnared in BUI charges, an adept defense attorney can be your best ally.


FindLaw Network