Category: Traffic Offenses · Statute: F.S. 327.35 · Source: Florida Legislature
Understanding Boating Under the Influence (BUI) in Florida
Under Florida Statute Section 327.35, Boating Under the Influence (BUI) occurs when a person operates a vessel within the state while impaired by alcohol, chemical substances, or controlled substances to the extent that their normal faculties are deprived. Florida law establishes a legal limit of 0.08% blood- or breath-alcohol concentration (BAC), matching the standard for driving a motor vehicle. Law enforcement officers from the Florida Fish and Wildlife Conservation Commission (FWC) or local sheriff's offices routinely patrol waterways and can conduct safety inspections, which often lead to BUI investigations if signs of impairment are observed.
Operating a vessel differs significantly from driving a car, as environmental factors like sun exposure, wind, waves, and engine noise can accelerate physical fatigue and mimic or exacerbate the effects of alcohol. Unlike a standard traffic stop, maritime officers have the authority to board vessels for routine safety compliance checks without prior suspicion of criminal activity. Under Florida's implied consent law for marine vessels, any person operating a boat is deemed to have given consent to physical and chemical testing for alcohol or drug presence, and refusing to submit to testing carries civil penalties and can be used as evidence in court.
Bail and Pretrial Release for BUI
Following a BUI arrest in Florida, defendants are typically held in custody for a mandatory period—often at least eight hours, or until their BAC drops below 0.05% and they are no longer deemed a danger to themselves or others. Once eligible for release, bail is set according to local county bond schedules or by a judge at a first appearance hearing. Because Florida law treats prior DUIs and BUIs interchangeably for sentencing enhancements, a defendant with a history of impaired driving face significantly higher bond amounts, mandatory sobriety monitoring, or a complete hold without bond for felony-level repeat offenses.