If you spent a Saturday on Choctawhatchee Bay or out near Destin Harbor and ended up stopped by an officer, you may be wondering whether you can really get a DUI on a boat. The short answer is yes, but Florida does not call it a DUI. On the water, it is called BUI, which stands for boating under the influence. I have defended people on the Emerald Coast for over 20 years, and I want to explain how this law works and what you can do if you are facing a charge.
A BUI is the boating version of a drunk driving charge. You can be arrested for operating a vessel while impaired by alcohol or drugs, or while your blood or breath alcohol level is 0.08 percent or higher. That 0.08 number is the same limit that applies to drivers on land, so if you understand how a DUI works behind the wheel, you already understand the basic idea behind a BUI on the water.
What Counts as Boating Under the Influence in Florida
Florida law spells out the BUI offense in Florida Statute 327.35. The state can convict you in two ways. The first is by showing that alcohol or drugs impaired your normal faculties while you operated a vessel. The second is by showing that your blood or breath alcohol level is measured at 0.08 percent or higher. Officers can pursue either path, meaning a low breath test result does not always end the case.
The word vessel covers more than the boat you might first imagine. It applies to powerboats, sailboats, and personal watercraft such as jet skis. The law also reaches water skis, sailboards, and similar devices. If you are operating something on Florida waters, the rules likely apply to you.
One detail surprises a lot of people. You do not have to be moving to face a charge. The legal question is whether you were in actual physical control of the vessel while impaired. Someone sitting at the helm of an anchored boat, with the keys nearby, can still be arrested. If you have had too much to drink, the safest choice is to stay off the controls until you are sober. If you or a family member has already been arrested on the water in Fort Walton Beach or anywhere in Okaloosa County, talk with a defense attorney early. You can reach Lupella & Rehr at (850) 362-6655.
BUI Versus DUI: How the Two Charges Differ
BUI and DUI share the same 0.08 limit and the same focus on impairment, but they are not identical. A regular DUI charge falls under a different statute and almost always comes with a driver’s license suspension. A BUI conviction does not suspend your driver’s license in most cases because you were not driving a car. That difference matters to people who depend on their license for work.
The agencies involved often differ, too. On the water, you are likely to deal with officers from the Florida Fish and Wildlife Conservation Commission, sometimes working alongside county marine units. These officers patrol popular spots on busy weekends and holidays. The testing process can also look different on a rocking boat, since standard roadside balance tests are hard to perform on the water, and officers may rely more on a breath test.
Both charges carry serious weight. A BUI is a criminal offense, not a simple ticket, and a conviction can affect your job, your housing, and your reputation for years. If you want to compare the two in more detail, our overview of the DUI process in Fort Walton Beach covers the road version that most people know best.
BUI Penalties in Florida
The penalties for a BUI climb quickly depending on your record, your alcohol level, and whether anyone was hurt. The table below lays out the main categories so you can see where a given situation might land.
| Offense Level Classification Possible | le Penalties | |
|---|---|---|
| First offense | Second-degree misdemeanor | Up to 6 months in jail and $500 to $1,000 in fines, plus probation, community service, and possible vessel impoundment |
| First offense with BAC of 0.15 or higher, or a passenger under 18 | Second-degree misdemeanor | Up to 9 months in jail and $1,000 to $2,000 in fines |
| Second offense | Second-degree misdemeanor | Up to 9 months in jail and $1,000 to $2,000 in fines, with a minimum of 10 days in jail if within 5 years of a prior offense |
| Third offense within 10 years | Third-degree felony | Up to 5 years in prison and up to $5,000 in fines |
| Accident causing serious injury | Third-degree felony | Up to 5 years in prison and up to $5,000 in fines |
| BUI causing death (BUI manslaughter) | Second-degree felony | Up to 15 years in prison and up to $10,000 in fines |
The most serious water cases involve injury or death, and Florida treats them harshly. If you are facing that kind of charge, our page on DUI and BUI manslaughter explains what is at stake and how a defense takes shape.
Implied Consent and Refusing a Test on the Water
When you operate a boat in Florida, the law treats you as having agreed in advance to chemical testing if an officer has probable cause to suspect impairment. This is called implied consent. If an officer lawfully asks for a breath, blood, or urine sample after a BUI arrest, your refusal carries its own cost.
A first refusal brings a $500 civil penalty and a suspension of your boating privileges. Refusing again after a prior refusal can become a separate criminal charge. The officer is required to warn you about these consequences when the request is made. If that warning was missing or the stop lacked a proper legal basis, the refusal and the test results may be challenged in court.
Why the Emerald Coast Sees So Many BUI Arrests
Our stretch of the coast draws huge crowds to the water. Destin Harbor, the bay, and Santa Rosa Sound fill up during spring break, the summer holidays, and long weekends. With more boats come more enforcement, so patrols increase when the crowds do.
People who get arrested are often visitors who did not plan for trouble or locals who lost track of how much they had. I have seen good people, including service members stationed at Eglin Air Force Base and Hurlburt Field, end up in handcuffs after what started as a relaxing afternoon. A criminal charge can put a security clearance and a career at risk, which is why the response in the first days matters so much.
Common Defenses to a BUI Charge
A BUI charge is the start of a case, not the end of one. As a former Okaloosa County prosecutor, my partner, David Rehr, knows how the state builds these cases, and that insight helps us find the weak points. We look closely at several areas that often decide the outcome:
- Whether the officer had a lawful reason to stop and detain you on the water in the first place.
- Whether the breath or blood test was properly requested, administered, and recorded, since errors can make the results unreliable.
- Whether the signs the officer described truly point to impairment or could be explained by sun, fatigue, wave motion, or a medical condition.
Every case turns on its own facts, and a careful review often reveals options that are not obvious at first. The sooner we examine the evidence, the more room we have to protect your rights.
What to Do If You Are Charged With a BUI
If you have been arrested for boating under the influence, stay calm and be careful about what you say. You are not required to explain your way out of the situation, and statements made at the dock can be used against you later. Write down what you remember while it is fresh, including the time, the location, who was present, and what the officer said.
Then reach out for help. A local defense attorney who knows the judges and prosecutors in Okaloosa, Walton, and Santa Rosa Counties can give you a clear picture of what you are facing and what comes next. We have practiced in front of every judge in this area, and we use that knowledge for our clients every day.
Frequently Asked Questions About BUI in Florida
Is a BUI a felony in Florida?
Most first and second BUI offenses are misdemeanors. A third BUI within 10 years becomes a third-degree felony, and a BUI that causes serious injury or death is charged as a felony with prison time on the table.
Does a BUI suspend my driver’s license in Florida?
In most cases, no. Because a BUI involves a vessel rather than a car, a conviction generally does not suspend your driver’s license the way a DUI does. A refusal to test can still suspend your boating privileges.
Can you get a BUI on a jet ski or kayak in Florida?
Yes, for a jet ski, which is treated as a vessel under Florida law. Human-powered craft can raise closer questions, but motorized personal watercraft clearly fall under the BUI statute.
What is the legal alcohol limit for boating in Florida?
The limit is a blood or breath alcohol level of 0.08 percent, the same as for driving. You can also be charged at a lower level if an officer believes alcohol or drugs impaired your ability to operate the vessel.
Do I need a lawyer for a first BUI in Florida?
A first BUI is still a criminal charge with jail, fines, and a permanent record on the line. Speaking with a defense attorney early gives you the best chance to challenge the evidence and protect your future.
Talk to Lupella & Rehr About Your BUI Charge
A boating under the influence charge can feel overwhelming, but you do not have to face it alone. At Lupella & Rehr, we have spent more than 20 years defending residents and visitors across Fort Walton Beach, Destin, Crestview, and the surrounding counties, and we are ready to put that experience to work for you. Call us today at (850) 362-6655 for a free and confidential consultation, or reach out through our contact page. The call is free, and the sooner we talk, the sooner we can start protecting your rights.