Boating Under the Influence (BUI) During Florida Mini-Lobster Season

QuickBail Team The QuickBail editorial team — licensed bail bond professionals serving all 67 Florida counties, available 24/7 at (941) 477-6888.

Published on: May 6, 2026

Florida's sport lobster season, universally known as "mini-season," is a two-day event on the last Wednesday and Thursday of July that draws an estimated 30,000 to 50,000 boats into the waters of the Florida Keys, Broward County, Palm Beach County, and the Gulf Coast. The event combines intense recreational diving activity with a party atmosphere that includes all-day alcohol consumption aboard anchored vessels. For the Florida Fish and Wildlife Conservation Commission (FWC), mini-season represents the single largest law enforcement deployment of the year on Florida waterways.

The FWC Enforcement Strategy

The FWC deploys every available patrol vessel during mini-season, supplemented by officers from the U.S. Coast Guard, local marine patrol units, and in some areas, the Monroe County Sheriff's Office marine division. The enforcement focus is twofold:

• Lobster regulation compliance: Checking for valid saltwater fishing licenses, verifying lobster measurements (carapace must exceed 3 inches), enforcing bag limits (6 per person per day during mini-season), and ensuring lobsters are harvested by hand or with nets (no spearing in Monroe County).
• BUI enforcement: Conducting safety inspections that include observation for signs of intoxication. Officers are trained to assess coordination, speech patterns, and demeanor during routine safety stops.

How BUI Arrests Work on the Water

A BUI arrest on open water presents unique logistical challenges that distinguish it from a standard DUI traffic stop:

1. The stop: The FWC officer approaches the vessel, typically requesting a safety inspection (life jackets, fire extinguisher, flares, registration).
2. Observation: During the inspection, the officer observes the operator for signs of impairment: bloodshot eyes, slurred speech, smell of alcohol, unsteady movement.
3. Field sobriety: Modified field sobriety tests are administered aboard the vessel or on the patrol boat. Standard roadside tests (walk-and-turn, one-leg stand) are not reliable on a rocking boat, so officers use seated tests and horizontal gaze nystagmus.
4. Breathalyzer: If the officer has probable cause, a breathalyzer is administered on the patrol vessel.
5. Arrest and transport: The arrested individual is transported to shore on the FWC patrol vessel. Their boat is either anchored with passengers aboard or towed to the nearest dock. The arrested operator is then transported to the nearest county jail for booking.

Which Jail Processes Your Arrest?

The booking location depends on the geographic coordinates of the arrest:

• Keys waters: Monroe County Detention Center on Stock Island (see our Key West guide)
• Biscayne Bay / Miami waters: Turner Guilford Knight Correctional Center
• Broward County waters: Broward County Main Jail
• Palm Beach County waters: Palm Beach County Main Detention Center
• Tampa Bay: Orient Road Jail or Pinellas County Jail

Criminal Penalties for BUI

BUI under FS 327.35 carries the same criminal penalties as vehicular DUI:

• First offense: Up to 6 months in jail, $500-$1,000 fine, 50 hours community service, completion of boating safety course. Bond: $500-$1,500.
• Second offense (within 5 years): Up to 9 months in jail, $1,000-$2,000 fine, mandatory 10-day jail if within 5 years of prior. Bond: $1,500-$5,000.
• Third offense: Third-degree felony, up to 5 years in prison, $2,000-$5,000 fine. Bond: $5,000-$15,000.
• BUI with serious bodily injury: Third-degree felony, up to 5 years. Bond: $10,000-$25,000.

Frequently Asked Questions

Does a BUI affect my driver's license?

No. A BUI conviction does not result in a driver's license suspension, which is a significant distinction from vehicular DUI. However, the criminal conviction appears on your record and can affect employment, insurance, and professional licensing.

Can passengers drink on a boat in Florida?

Yes. There is no open container law for passengers on recreational vessels in Florida. Passengers may consume alcohol freely. Only the operator of the vessel can be charged with BUI.

What happens to my boat if I am arrested?

If a sober, licensed operator is aboard, they can take control of the vessel. If no sober operator is available, the FWC officer may anchor the vessel, arrange for a tow to the nearest marina, or in some cases, have a marine assistance service secure the vessel. The impounded vessel and any catch aboard may be held as evidence if the arrest also involves lobster regulation violations.