Boating Under the Influence (BUI) in Florida

The short answer

In Florida, it is a crime to operate a vessel while your normal faculties are impaired or with a blood or breath alcohol level of 0.08 or higher. A first boating under the influence conviction is punishable by a $500 to $1,000 fine and up to six months in jail, similar to a first DUI. Officers from the Florida Fish and Wildlife Conservation Commission and local agencies can stop boats for safety inspections without suspecting a crime.

Key takeaways

The legal limit on the water is 0.08, the same as driving.
Officers can stop vessels for safety inspections.
A first BUI mirrors first DUI penalties.
BUI manslaughter is a serious felony.
Sun, wind and waves affect sobriety exercises.

What does Florida's BUI law prohibit?

Under § 327.35, Fla. Stat., you commit BUI if you operate a vessel while your normal faculties are impaired by alcohol or drugs, or with a BAC of 0.08 or higher. Operating includes being in actual physical control of the vessel, not just steering it.

Can police stop a boat without suspicion?

Officers can stop vessels to conduct safety and equipment inspections, such as checking life jackets and registration. During that stop they may look for signs of impairment. Those observations, along with any statements, become the basis for a BUI investigation.

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What are the penalties for BUI?

First BUI. $500 to $1,000 fine and up to 6 months in jail.
High BAC or a minor on board. Increased fines and jail exposure.
Repeat offenses. Escalating penalties similar to DUI.
BUI causing serious bodily injury. Third degree felony.
BUI manslaughter. Second degree felony, and a first degree felony in certain repeat or failure to render aid cases.

Refusing a lawful breath, blood or urine test on the water carries its own penalties under § 327.352, Fla. Stat..

How are BUI cases defended?

Sun exposure, wind, dehydration and the motion of a boat can mimic signs of impairment and make sobriety exercises unreliable, especially when performed on land after hours on the water. Defenses also include challenging whether the person was operating the vessel and the reliability of chemical testing.

Frequently asked questions

What is the legal limit for boating in Florida?

A blood or breath alcohol level of 0.08, or 0.02 for operators under 21.

Can passengers drink on a boat in Florida?

Passengers can generally drink. The operator cannot be impaired.

Does a BUI affect my driver's license?

A BUI conviction is separate from a DUI, but it can count as a prior in some situations. Ask your attorney how it applies to you.

Is a jet ski a vessel under BUI law?

Yes. Personal watercraft are vessels under Florida law.

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Florida law referenced: § 327.35, § 327.352, Florida Statutes (2025).

This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.