TAMPA BUI ATTORNEY

Florida BUI Laws

Florida law strongly prohibits being under the influence of alcohol or drugs while in operation of a maritime vessel. This legislation can be found under Florida Statutes Section 327.35. It states:

(1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(c) The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

Penalties for a BUI in Florida

There are serious consequences for those who are found guilty of boating under the influence in Florida, including incarceration, license suspension or revocation, and monetary fines. Like most criminal offenses, the penalties for a BUI conviction depend on whether or not the offender has any previous convictions on their criminal record. Below, our Tampa BUI defense lawyers will outline the potential penalties for those accused of first and subsequent BUI offenses:

First BUI Conviction

For a first BUI conviction with a blood alcohol concentration at or over 0.08%, the penalties are as follows:

• Between $500 to $1,000 in fines
• Up to 6 months in jail

For a first BUI conviction with a blood alcohol concentration over 0.15% or if a minor under the age of 18 was present on the vessel, the penalties increase to:

• Between $1,000 to $2,000 in fines
• Up to 9 months in jail

Second BUI Conviction

For a second BUI conviction with a blood alcohol concentration at or over 0.08%, potential penalties include:

• Between $1,000 to $2,000 in fines
• Up to 9 months in jail

For a second BUI conviction with a blood alcohol concentration over 0.15% or if a minor under the age of 18 was present on the vessel, the penalties increase to:

• Between $2,000 to $4,000 in fines
• Up to 12 months in jail

Third BUI Conviction

For a third BUI offense occurring within 10 years of a prior conviction, it becomes a third-degree felony. A third-degree felony in Florida is punishable by up to five (5) years in prison and up to $5,000 in fines. If the offense occurs more than 10 years after the previous conviction, defendants face a prison sentence of no more than 12 months and between $2,000 to $5,000 in fines. 

For a third or subsequent conviction of a BUI with a blood alcohol concentration over 0.15% or if a minor under the age of 18 was present on the vessel, a minimum of $4,000 may be added to the fines.

Fourth BUI Conviction

For a fourth or subsequent BUI conviction, regardless of the amount of time that has passed since the previous conviction, defendants face a third-degree felony punishable by up to 5 years in prison and up to $5,000 in fines.

A BUI Accident Leading to Property Damage, Serious Bodily Injury, or Death

Any boat operator who is found to have been under the influence and causes damage to the property or person of another faces a first-degree misdemeanor. First-degree misdemeanors in Florida carry a maximum sentence of up to one year in county jail and/or fines up to $1,000.

If the boat operator causes serious bodily injury to another, they commit a felony in the third degree, which includes a punishment of up to 5 years in prison and $5,000 in fines. 

Should a person cause the death of another individual while operating a boat while impaired, they face BUI manslaughter charges. This may be punishable by either a first-degree felony or a second-degree felony, depending on the circumstances of the case. A first-degree felony is punishable by:

• Up to $10,000 in fines
• A 30-year maximum prison sentence

Meanwhile, a second-degree felony is punishable by:

• A maximum fine of $10,000
• Up to fifteen years in prison