BUI v DUI in Florida: key differences and what officers look for on the water

Boating is a popular pastime in Florida, but it is important to know that officers in Florida take boating under the influence (BUI) very seriously. While similar to driving under the influence (DUI), BUI has distinct legal implications and penalties. This post explores the differences between BUI and DUI in Florida, the potential penalties for BUI, and what officers look for to identify impaired boaters.

Differences between BUI and DUI in Florida

Both BUI and DUI involve operating a vehicle while impaired by alcohol or drugs and both have a legal blood alcohol concentration (BAC) limit of 0.08% but there are key distinctions between the two charges. Aside from the obvious fact that a BUI occurs on a waterway, there is also a difference in enforcement. Marine officers have broader authority to stop and inspect vessels without probable cause, unlike road vehicles.

This broad authority has caused issues. The recent report of a local executive that was arrested and later blew a 0.0 on the breathalyzer test has fueled demands that lawmakers prohibit marine law enforcement officers from stopping boats unless they have a reasonable suspicion of criminal activity. Governor DeSantis supports such efforts and is calling on lawmakers to change existing law.

Penalties for boating under the influence

Conviction for BUI in Florida can lead to severe consequences. Penalties vary based on the number of offenses and the severity of the incident:

• First offense: Fines between $500 and $1,000, up to 6 months imprisonment, and mandatory completion of a boating safety course.
• Second offense: Fines between $1,000 and $2,000, up to 9 months imprisonment, and potential impoundment of the vessel.
• Third offense: Considered a felony if within 10 years of a prior conviction, leading to fines up to $5,000 and up to one year in prison.

These penalties highlight how serious Florida takes allegations of BUI.

Indicators of impairment on the water

At this time, marine officers can conduct a search of a boat without probable cause. Even so, it is helpful to know what they are looking for when watching the waters for a BUI. Marine officers use specific indicators that often include:

• Erratic operation: Swerving, speeding, or sudden stops can signal impairment.
• Physical signs: Bloodshot eyes, slurred speech, and unsteady balance are common indicators.
• Behavioral cues: Aggressive or inappropriate behavior may suggest intoxication.

The state will aggressively pursue charges for a BUI. As such, anyone facing allegations is wise to take the matter seriously. Defenses are available and evidence can counter the prosecution’s claims. If successful, this can result in a reduction or even dismissal of charges. Do not wait. Seek legal counsel to discuss your options and protect your rights.