Is It Illegal To Drink While Boating in Florida?

July 18, 2024 | Sagi Shaked | Florida Law

With its gorgeous beaches and sparkling waters, Florida invites boaters from all over the country. Add some friends to your boat, and you’ve got a party on the water. But add alcohol, and the situation changes drastically.

In Florida, it is illegal for an operator of a boat to be intoxicated. Occupants may consume alcohol and have open containers of alcohol. But, like a driver of a car, an operator of a boat cannot have a blood alcohol content of 0.08% or more. If the operator is under 21, he or she cannot operate a boat after drinking any amount of alcohol.

BUI: Boating Under the Influence in Florida

Operating a boat with a blood alcohol content of 0.08% or higher, called “BUI” (boating under the influence), is unlawful in Florida. A boat operator can also violate the law if the blood alcohol content is between 0.05% and 0.08% and there are other indications that the operator is under the influence of alcohol.

Penalties

Florida takes BUI seriously. In Florida, BUI is a criminal offense with severe penalties. A boat operator convicted of BUI faces a fine and imprisonment as follows:

For a first conviction, a fine of $500-$1,000 and imprisonment for up to 6 months
For a second conviction, a fine of between $1,000 and $2,000 and imprisonment for up to 9 months
For a third conviction committed more than 10 years after the last conviction, a fine between $2,000 to $5,000 and imprisonment for up to 12 months

For a third conviction committed within 10 years of a prior violation, the offense is a third-degree felony and may be punishable by imprisonment for up to 5 years and a $5,000 fine.

In addition to penalties and fines, the court must place the operator on probation and require attendance at a substance abuse course at the operator’s expense. The court will also assign community service and impound the boat.

The penalties for BUI increase if a person causes property damage, serious bodily injury, or death because of operating a boat while intoxicated. The penalties are also harsher if the operator had a blood alcohol content of 0.15% or higher or if a person under 18 was aboard the boat during the BUI.

Injuries From Boating Accidents in Florida

Intoxication leads to slower response times, inattention, and impaired judgment, which can then lead to a collision with another boat. Common injuries from boating accidents include:

Lacerations
Contusions
Broken bones
Head injuries
Back injuries
Internal injuries

Death and serious bodily injury can also result from a collision of boats in which one operator is

under the influence of alcohol. The leading cause of death from boating accidents is drowning, but it is not the sole cause, and death is not the only injury that can result from a boating accident involving an intoxicated operator. BUI can lead to serious harm to others, which is why the penalties are so severe.

Were You Injured in a Boating Accident? We Can Help

If you were injured in a boating accident and need legal help, contact an experienced maritime injury lawyer for assistance. Most attorneys in this area of law work on contingency and offer free consultations, so you can receive legal advice at no cost.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715 Aventura, FL 33180
(305) 937-0191