Under Florida law, operating a vessel while impaired is a serious offense. Marine stops, sobriety testing, and implied consent are all areas where mariners can protect their rights under the law.

Key Takeaways

  • Statutory Threshold: Florida Statute § 327.35 establishes the legal threshold as .08 blood/breath alcohol concentration (BAC) or impairment of normal faculties.
  • Safety Inspections: State officers and federal agencies can stop vessels for regulatory safety checks without reasonable suspicion of a criminal violation.
  • Maritime Sobriety Testing: Seated physical testing is modified for marine use and should be administered according to the strict guidelines provided in the administration instructions.
  • Implied Consent Rules: The non-criminal monetary penalties for a first refusal to submit to lawful post-arrest chemical testing are in place, and criminal charges are available for subsequent refusals.
  • Cross-Statute Consequences: Under Florida law, the mandatory statutory penalties for a second BUI conviction are directly increased based on prior motor vehicle DUI convictions.

Sunny weekends along Biscayne Bay and local sandbars draw thousands of vessels onto Miami waters. Heightened law enforcement patrols mean that a relaxing afternoon can swiftly turn into an unexpected arrest for Boating Under the Influence on South Florida waterways.

What Counts as BUI under Florida Law

If you have been charged with boating under the influence, it is crucial to seek the advice of a trusted criminal defense attorney in Miami, Florida, to assist you with the investigation. Florida BUI law states that a person is guilty of operating a vessel under the influence of alcoholic beverages, chemical substances, or controlled substances when such person is so affected by the use of such substances that their normal faculties are impaired. 

Or a person drives a boat while intoxicated or with a blood-alcohol level or breath-alcohol level of 0.08 or more. Florida has a very tough impairment standard on the water because there are significant physical hazards involved with maritime navigation. In addition, Florida Statute § 327.355 provides for zero-tolerance sanctions to operators who are under the age of 21 and are operating a vessel with a blood or breath-alcohol concentration of 0.02 or higher.

Who Can Lawfully Stop Your Boat in Miami Waters

An experienced criminal defense attorney in Miami will check the conditions of a maritime inspection to determine if law enforcement went beyond the scope of their powers. Several law enforcement agencies have jurisdiction over Miami waters, including Biscayne Bay, the Miami River, and coastal channels. 

The Florida Fish and Wildlife Conservation Commission (FWC), the Miami-Dade Police Department Marine Patrol, and local municipal marine units are responsible for enforcing Florida boating safety laws. Florida Statute § 327.56 allows for a routine inspection of vessel safety equipment to be performed by any officer authorized by the state without reasonable suspicion of an underlying criminal violation. 

The United States Coast Guard has federal jurisdiction over navigable waterways separately under 14 U.S.C. § 522. The boarding officers of the Coast Guard have a wide range of federal powers to board vessels, record examinations and inspections, and inspect safety.

Testing for Impairment on the Water

Physical sobriety tests performed on a boat are complicated in the marine environment and can be evaluated against the standardized procedures by an experienced criminal defense attorney in Miami. 

Marine evaluations are not conducted on a standard roadside stop but rather in a fluid, moving environment that is affected by passing boat wakes, wave action, wind, engine vibration, and slippery decks. Boater fatigue is a physiological state that can result from extended exposure to sun, heat, and motion and may manifest symptoms similar to impairment. Traditional roadside exercises, such as the walk and turn or the one-leg stand, are not feasible on an unstable boat deck. Officers may use seated FSTs developed by the National Association of State Boating Law Administrators (NASBLA). 

The exercises, such as seated gaze nystagmus, finger to nose, and hand coordination, must be conducted with careful instructions and consistent environmental conditions. This means that officers’ detailed observations will be closely examined in evidence.

Florida Vessel Implied Consent Rules and Chemical Testing

Florida has its own implied consent rules, which are detailed in Florida Statute § 327.352. If a person is lawfully arrested for BUI, they are presumed to have consented to take an approved breath test to determine the presence of alcohol in their blood. Law enforcement may ask for a urine sample if they suspect the driver is under the influence of drugs or alcohol. 

Florida Statute § 327.353 allows for involuntary blood testing in serious incidents of death or severe bodily injury. While motor vehicle DUI law does not call for an initial refusal to chemical testing to be considered a criminal violation, Florida Statute 327.3521 provides for a non-criminal civil penalty of $500. But if a person is refused after having been previously refused, the refusal is considered a first-degree misdemeanor under state law.

Penalties for a Florida BUI Conviction

The penalties for conviction under Florida Statute § 327.35 are harsh, graduated, and structured. First conviction fines of $500 to $1,000, up to six months in jail, up to 12 months probation, 50 hours of community service, and 10 days of impoundment of the vessel are possible. 

When an operator registers a blood- or breath-alcohol concentration of 0.15 or more, or if a minor is aboard the vessel, the potential fine is now $1,000 to $2,000, and jail time can be up to nine months. If a second BUI conviction occurs within five years, the minimum penalty is 10 days in jail and 30 days of impoundment.

If a person is convicted a third time in 10 years, it becomes a third-degree felony with up to five years in state prison.

BUI vs. DUI: Key Differences and Overlaps

A criminal defense attorney in Miami drivers and boaters consult will assess your entire driving record, as it is relevant to maritime offenses and any consequences that may be imposed by law. Impairment and blood-alcohol levels of 0.08 or above are penalized in both crimes, but there are key procedural differences. 

A Florida BUI charge is not an administrative driver’s license suspension, as would be the case with a DUI. If a person is found guilty of BUI, they can still drive a car, but not if they were driving a commercial vehicle or if they committed certain felony offenses. Florida Statute § 327.35, however, provides for statutory reciprocity. Prior DUI convictions on land are treated as prior DUI convictions on the water and vice versa.

Legal Defense Strategies in Florida BUI Cases

A criminal defense attorney that Miami defendants select will have to be an effective defense. It means that they will have to look at every detail of the initial contact and the investigation that followed. 

The defense attorney examines if the initial vessel stop was in accordance with statutory limitations and if a purported safety inspection was an improper pretext for an unnecessary criminal investigation. In addition, it is important to determine who is operating the boat, particularly on a busy sandbar or multi-passenger boat where more than one person may be near the helm. 

Defense analysis also examines the administration of seated sobriety exercises, environmental factors such as boater fatigue and salt spray, and maintenance records of breath-testing devices like the Intoxilyzer 8000 under the Florida Administrative Code. Attacking the state’s evidence on these specific issues is important to maintaining your record.

Attorney advice can be of great importance in maintaining vital evidence in the water and determining the defense before charges are formally filed. Call our office today to protect your rights if you are facing a boating allegation in Florida.