As we move into summer, more people will be out on the waters in and around Florida. Therefore, it’s important to remember that federal, state and local authorities take boating under the influence (BUI) seriously.
BUI activity can and does cause serious and, too often, fatal injuries here in Florida and across the country. State laws around BUI vary, but nowhere is it legal to operate a vessel while impaired by alcohol and/or drugs.
What does Florida law say?
In Florida, it’s illegal to operate a vessel with a blood alcohol level (BAL) of .08% or higher. For those under 21, the limit is .02%. The law also states that regardless of a person’s BAL, it’s illegal to operate a vessel “when affected [by alcohol and/or substances] to the extent that the person’s normal faculties are impaired.”
A first conviction can result in a sentence of up to six months in jail and a $500 fine. Consequences increase with second and subsequent convictions.
It’s also crucial to know that under Florida law, any previous conviction for an alcohol-related offense or drug-related driving offense, even if it’s in another state “is also considered a previous conviction” if someone is then convicted of BUI.
Of course, a person can be charged with more serious offenses if someone is injured or killed or if someone’s property is damaged as a result of the operator allegedly boating under the influence. For example, they could face a BUI manslaughter charge.
Don’t take a BUI charge lightly
It can be all too tempting for those operating a boat to join in if their passengers are drinking. However, sharing a glass of wine or bottle of beer with someone can easily get out of hand. Even someone who’s not over the limit can find themselves facing a BUI charge if they’re operating a vessel carelessly or recklessly.
It’s crucial for Florida boaters to know and protect their rights. Getting experienced legal guidance as early as possible can help minimize the consequences of a BUI-related arrest.