BUI

What Florida Law Says About Boating Under the Influence

Florida Statute 327.35 makes it a criminal offense to operate a vessel while under the influence of alcohol, a chemical substance, or a controlled substance. You’re legally impaired if your blood-alcohol or breath-alcohol level is 0.08% or higher, or if alcohol or substances have affected your normal faculties, regardless of your exact BAC reading.

The definition of “vessel” under Florida Statute 327.02 is broad: boats, jet skis, personal watercraft, barges, and airboats all qualify. If it travels on water and isn’t a seaplane, it counts. Florida also applies an “actual physical control” standard, meaning you can face a BUI charge even if your vessel is anchored, docked, or sitting still. Boaters under 21 face a zero-tolerance threshold: a BAC of 0.02% or higher is enough for a charge.

BUI Penalties in Florida

Florida BUI convictions carry escalating criminal penalties tied to your prior record, your BAC level, and whether anyone was harmed.

First through fourth offense penalties:

First offense: $500 to $1,000 fine, up to 6 months in jail, up to one year of probation, 50 hours of community service, and 10-day vessel impoundment
Second offense within five years: Minimum 10 days in jail, up to 9 months in jail, and 30-day vessel impoundment
Third offense within 10 years: Third-degree felony, up to 5 years in prison, up to $5,000 fine, and 90-day vessel impoundment
Fourth offense (any timeframe): Third-degree felony, regardless of when prior convictions occurred

Penalties increase if your BAC was 0.15% or higher or a passenger under 18 was aboard. A BUI that causes property damage is a first-degree misdemeanor. One that causes serious bodily injury is a third-degree felony. If someone dies, the charge becomes BUI manslaughter, a second-degree felony. If you knew or should have known about the accident and failed to render aid, it rises to a first-degree felony.

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The criminal lawyers in Orlando at Ali & Blankner are aggressive advocates who are willing to do whatever it takes to obtain a favorable resolution. We are committed to defending your rights and protecting your future.
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With over 35 years of experience and thousands of clients helped, Ali & Blankner has the skills, resources, and determination to get you the best possible result.

BUI Attorney in Orlando

Former Prosecutors Defending BUI Charges in Central Florida Since 1986

A BUI charge isn’t a traffic ticket. It’s a criminal offense that can mean jail time, a felony conviction, and vessel impoundment. At Ali & Blankner, we have been defending Orlando-area clients against BUI and DUI charges since 1986, and our attorneys are former prosecutors who understand how the state builds these cases.

If you’re facing a BUI charge in the Orlando area, don’t wait to get legal guidance. Call us at (407) 753-1312 any time, day or night, for a free and confidential consultation.

Why a BUI Case Isn’t the Same as a Roadside DUI

BUI investigations differ from a standard DUI stop in ways that matter to your defense. Field sobriety exercises performed on a moving or unstable boat deck can be less reliable than tests conducted on level pavement. Environmental conditions common on Florida waterways, including sun exposure, wind, and wave motion, can produce the same physical signs officers associate with impairment. Heat and dehydration alone can affect balance and eye movement.

These differences can create grounds to challenge the state’s evidence. We examine whether the officer had lawful grounds to stop the vessel, whether chemical testing equipment was properly calibrated, and whether the person charged was actually operating the vessel at the time. We also have access to toxicology consultants and outside witnesses who can evaluate breath, blood, and urine test results and testify to their limitations in court.

Why Orlando Clients Choose Ali & Blankner for BUI Defense

Our attorneys bring more than 85 years of combined legal experience and have represented over 100,000 clients in complex criminal cases. That track record has earned recognition across the profession: an AV Preeminent® Rating from Martindale-Hubbell®, Super Lawyers recognition, listings in The National Trial Lawyers Top 100 Lawyers, and recognition among the Nation’s Top One Percent by the National Association of Distinguished Counsel. Our Knockout Results reflect a history of dismissals, reduced charges, and favorable verdicts, though no outcome can be promised in any individual case.

Central Florida Waterways & BUI Enforcement

In the Orlando area, BUI stops are conducted by the Florida Fish and Wildlife Conservation Commission and county sheriff’s marine units on waterways including the Butler Chain of Lakes, the Conway Chain of Lakes, the Harris Chain of Lakes, and Lake Apopka. With offices in Orlando, Titusville, and Kissimmee, we represent clients across Central Florida and know how local agencies investigate and prosecute these charges.

Talk to a BUI Lawyer in Orlando Today

We’re available 24/7 by phone, and consultations are free, confidential, and available in person or virtually. When you contact Ali & Blankner, you can reach an attorney directly, not a staff member. Call (407) 753-1312 now to go over your options.

How a Florida BUI Stop Unfolds

The Florida Fish and Wildlife Conservation Commission and local sheriff’s marine units regularly patrol Central Florida waterways. Under Florida’s Boater Freedom Act, officers generally need probable cause that a violation has occurred before stopping or boarding a vessel, so a routine safety or equipment concern alone typically isn’t enough to justify a stop. If an officer develops suspicion of impairment during a lawful stop, a BUI investigation can follow.

Under Florida’s implied consent law, an officer conducting a lawful BUI arrest can request a breath, blood, or urine test. Refusing that request carries a civil penalty, and the refusal itself can be introduced in court. There’s also a cross-over provision worth knowing: a prior BUI conviction counts as a prior offense for future DUI sentencing, and a prior DUI conviction applies the same way toward a future BUI charge. A BUI conviction doesn’t by itself suspend your driver’s license, but it can still drive up penalties in a later DUI case.

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KNOCKOUT RESULTS

Case Dismissed Battery & Assault
Ali & Blankner secure a case dismissal on behalf of a client charged with battery.
Case Dismissal Trespassing
Ali & Blankner obtained a case dismissal on behalf of a client charged with Trespassing.
Case Dismissal Drug Possession
Ali & Blankner obtained a case dismissal on behalf of a client charged with Drug Possession.
Case Dismissed DUI & Citations
Ali & Blankner worked to get a case dismissed involving a client with both a DUI and citations.
Case Dismissed Battery & Resisting Arrest
We represented an individual charged with battery on an officer and resisting arrest, successfully getting the case dismissed.

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