I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, membership in the National College for DUI Defense (NCDD) and the DUI Defense Lawyers Association, an AV Preeminent rating from Martindale-Hubbell, and more than 150 jury trials to verdict, I bring the experience that BUI charges demand.

How Does Florida Define Boating Under the Influence?

Florida Statute §327.35 defines BUI. The State must prove two elements: first, that the defendant was operating a vessel within Florida, and second, that the defendant was under the influence of alcohol, drugs, or a chemical substance to the extent that normal faculties were impaired — or had a blood-alcohol or breath-alcohol level of 0.08 or higher. The definition closely mirrors DUI under §316.193, but it applies to vessels rather than motor vehicles.

Florida defines “vessel” broadly under §327.02 to include every watercraft used or capable of being used as a means of transportation on water — including boats, jet skis, kayaks, canoes, and paddleboards with motors. Because of this broad definition, the statute covers far more than just powerboats. Furthermore, unlike DUI, BUI does not require proof that the vessel was on a public waterway — Florida’s BUI law applies on all waters of the state, including private lakes and canals.

Florida Statute §327.35: BUI penalties mirror DUI penalties — up to 6 months for a first offense, up to 9 months for a second, and a third-degree felony for a third conviction within 10 years or a fourth conviction at any time. BUI manslaughter under §327.35(3)(c) is a second-degree felony with a mandatory minimum of 4 years in prison — identical to DUI manslaughter. If the operator left the scene, the charge becomes a first-degree felony. At The Brancato Law Firm, P.A., we defend BUI charges throughout Hillsborough County, including arrests on Tampa Bay, the Hillsborough River, and surrounding waterways.

What Are the Penalties for BUI in Florida?

The penalties escalate based on the number of prior convictions and the severity of the incident:

Warning — Test Refusal Under Trenton’s Law: Under §327.359, refusing a breath or urine test after a BUI arrest now carries criminal penalties. A first refusal is a second-degree misdemeanor (up to 60 days jail). A subsequent refusal — or a refusal when the person’s license has previously been suspended for refusal under either the BUI or DUI implied consent statutes — is a first-degree misdemeanor (up to 1 year jail). Prosecutors file these charges separately from the BUI itself. Furthermore, a refusal triggers an administrative fine of $500 for a first refusal. At The Brancato Law Firm, P.A., we defend both the BUI charge and the refusal charge simultaneously.

How Is BUI Different from DUI?

Although BUI and DUI share similar elements, several critical differences affect how these cases are investigated and defended:

• No standardized field sobriety exercises on water. NHTSA designed its standardized field sobriety tests for solid ground. On a boat — where the surface is rocking, the sun is beating down, and the wind is blowing — these tests are inherently unreliable. Officers sometimes administer “seated” field sobriety exercises on the vessel, but these tests have no scientific validation for detecting impairment on water.
• No driver’s license suspension for a BUI conviction. Unlike DUI, a standard BUI conviction does not trigger an automatic driver’s license suspension. However, if the BUI involves serious bodily injury or death, the court may impose license restrictions as a condition of probation.
• Environmental factors. Boaters face sun exposure, heat, dehydration, wave motion, wind, and engine noise — all of which can mimic the signs of alcohol impairment. An officer who observes red eyes, unsteady balance, and slurred speech may be observing the effects of a long day on the water rather than intoxication.
• Prior DUI convictions count toward BUI enhancement. Florida counts prior DUI convictions (§316.193) when determining whether a BUI conviction qualifies for felony enhancement under §327.35(2)(b). Similarly, prior BUI convictions count toward DUI enhancement. Because of this cross-counting, a person with two prior DUI convictions who receives a first BUI faces felony prosecution.

How Do We Defend BUI Charges?

BUI cases present defense opportunities that do not exist in standard DUI cases. At The Brancato Law Firm, P.A., we challenge the State’s evidence on every front:

• Challenge the field sobriety exercises. Because NHTSA did not design its tests for use on water, the results carry significantly less weight than in a DUI case. We challenge the scientific validity of any exercises performed on a vessel and present expert testimony on how environmental conditions affect balance and coordination.
• Challenge the breath test. If officers transported the boater to shore for a breath test, the 20-minute observation period and proper calibration protocols must still be followed. Any gap in procedure creates grounds for exclusion.
• Challenge the stop. Law enforcement must have reasonable suspicion to stop a vessel — just as with a traffic stop on land. If the officer lacked a lawful basis for the stop, all evidence obtained afterward may be suppressed.
• Environmental defense. We present evidence that the defendant’s observed symptoms — red eyes, unsteady gait, difficulty with instructions — resulted from sun exposure, dehydration, seasickness, or fatigue rather than impairment.

What Should You Do If Arrested for BUI?

If you are arrested for boating under the influence on Tampa Bay, the Hillsborough River, or any other waterway, take these steps immediately:

1. Exercise your right to remain silent. Officers will ask how much you drank, when you started drinking, and where you launched. Every answer becomes evidence. Politely decline to answer questions beyond providing your identification.
2. Understand the refusal consequences. Under Trenton’s Law, refusing a breath or urine test is now a separate criminal offense. However, the decision to refuse or submit depends on your specific situation. Contact an attorney as soon as possible to discuss your options.
3. Document the conditions. If possible, note the weather, water conditions, wave height, sun exposure duration, and how long you were on the water. These details support environmental defenses.
4. Contact a defense attorney immediately. BUI cases move quickly. If you have been booked at Orient Road Jail or Falkenburg Road Jail, your first appearance happens within 24 hours. Tampa criminal defense attorney Rocky Brancato can argue for favorable bond conditions and begin building the defense from day one.

Frequently Asked Questions About BUI in Florida

Can I get a BUI on a kayak or paddleboard?

Yes — if the kayak or paddleboard has a motor, it qualifies as a “vessel” under §327.02 and the BUI statute applies. Even non-motorized watercraft may fall under the statute depending on the circumstances. The Brancato Law Firm, P.A. defends BUI charges involving all types of watercraft.

Does a BUI affect my driver’s license?

A standard BUI conviction does not trigger an automatic driver’s license suspension. However, refusing a breath or urine test can result in a separate criminal charge under §327.359, and prior BUI convictions count toward DUI felony enhancement if you are later charged with DUI. Furthermore, if the BUI involves serious injury or death, the court may impose license restrictions as a condition of probation.

Penalties and Enhancements

Do prior DUI convictions count toward BUI enhancement?

Yes. Florida cross-counts prior DUI convictions (§316.193) and prior BUI convictions (§327.35) when determining whether a new conviction qualifies for felony enhancement. As a result, a person with two prior DUIs who receives a first BUI faces third-degree felony prosecution — up to 5 years in prison. Tampa criminal defense attorney Rocky Brancato scrutinizes every prior conviction for procedural defects that could prevent enhancement.

What is BUI manslaughter?

BUI manslaughter under §327.35(3)(c) occurs when impaired operation of a vessel causes or contributes to causing a death. The penalties mirror DUI manslaughter — a second-degree felony with a mandatory minimum of 4 years in prison. Under Trenton’s Law, a second conviction for BUI manslaughter is a first-degree felony carrying up to 30 years.

Hiring a Defense Attorney

Why should I hire a DUI defense attorney for a BUI charge?

BUI law mirrors DUI law in structure but involves unique evidentiary challenges — particularly regarding field sobriety exercises on water, environmental factors, and the science of breath testing after prolonged sun and heat exposure. Rocky Brancato holds membership in the NCDD and the DUI Defense Lawyers Association and understands both the DUI and BUI legal frameworks. The Brancato Law Firm, P.A. has the experience these charges require.

How much does it cost to defend a BUI charge?

Fees depend on whether the charge is a first offense or felony BUI, the complexity of the evidence, and whether the case involves a refusal charge. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

BUI Enforcement on Tampa Bay

BUI enforcement in the Tampa Bay area has increased significantly in recent years. The Florida Fish and Wildlife Conservation Commission (FWC), the U.S. Coast Guard, and the Hillsborough County Sheriff’s Office all conduct regular patrols on Tampa Bay, the Hillsborough River, and the Courtney Campbell Causeway corridor — particularly during holidays, Gasparilla, and summer weekends. These agencies set up safety checkpoints and conduct boarding inspections, during which officers look for signs of impairment. If you encounter a checkpoint, you have the right to remain silent beyond providing required safety documentation.

You Are Reading This for a Reason — Let Us Help

A BUI conviction carries jail time, fines, a permanent criminal record, and — for repeat offenders — felony prison time. However, BUI cases present unique defense opportunities that do not exist in standard DUI cases. The lack of validated field sobriety testing on water, the environmental factors that mimic impairment, and the procedural challenges of waterborne investigations all create openings for an aggressive defense.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend impaired driving charges, visit our DUI Defense practice page. You may also find our guides on What Is DUI in Florida? and What Is DUI Manslaughter in Florida? helpful — DUI and BUI law share the same legal framework, and prior convictions cross-count between the two offenses.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.

I’m Tampa criminal defense attorney Rocky Brancato. With more than 25 years defending criminal cases in Hillsborough County, an AV Preeminent rating from Martindale-Hubbell, Super Lawyers recognition, and more than 150 jury trials to verdict, I bring the experience these cases require.

How Does Florida Define Disorderly Conduct?

Under §877.03, disorderly conduct includes any act that corrupts public morals, outrages the sense of public decency, affects the peace and quiet of persons who witness it, or constitutes brawling, fighting, or a breach of the peace. The statute is intentionally broad — and that breadth is both its strength as a prosecution tool and its vulnerability to constitutional challenge.

Florida Statutes §877.03 and §856.011: These two statutes cover different but related conduct. §877.03 is the general disorderly conduct statute — it applies whether or not alcohol is involved. §856.011 specifically targets disorderly intoxication — being drunk in public while causing a disturbance or endangering safety. Both carry the same classification: a second-degree misdemeanor with up to 60 days in jail and a $500 fine. Although these penalties may seem minor, the criminal record they create is permanent. At The Brancato Law Firm, P.A., we defend clients against both charges throughout the 13th Judicial Circuit.

In practice, law enforcement uses these statutes to arrest people for a wide range of behavior — yelling at officers, causing a scene at a bar or restaurant, fighting in public, blocking traffic, or simply refusing to leave when asked. This is particularly common in entertainment districts like Ybor City, where alcohol and large crowds make confrontations more likely. However, the broad language of §877.03 has led Florida courts to narrow its application significantly. For instance, merely using profanity or being loud in public does not necessarily constitute disorderly conduct. Similarly, gesturing at an officer or verbally challenging authority is generally protected speech. The State must prove the conduct went beyond what the First Amendment protects.

What Is Disorderly Intoxication Under §856.011?

Disorderly intoxication is a separate offense that requires two elements working together. Under §856.011(1), it is a crime to either be intoxicated and endanger the safety of another person or property, or to be intoxicated (or drinking alcohol) in a public place and cause a public disturbance.

This means being drunk in public alone is not enough — the State must also prove you caused a disturbance or endangered safety. Similarly, causing a disturbance while sober does not satisfy the statute. Both elements must exist simultaneously for the charge to stand. This dual requirement gives us a strong foundation for the defense.

If someone accumulates three disorderly intoxication convictions within 12 months, the court may deem them a “habitual offender” and commit them to a treatment facility for up to 60 days. However, the statute also gives officers an alternative to arrest — they may take the intoxicated person home or to a health facility instead of making an arrest. At The Brancato Law Firm, P.A., we argue that officers should have exercised this alternative when the facts support it.

What Are the Penalties for Disorderly Conduct?

Both disorderly conduct under §877.03 and disorderly intoxication under §856.011 carry the same classification and penalties:

Warning: Although these are misdemeanor charges with relatively short jail sentences, the collateral consequences are significant. A disorderly conduct conviction creates a permanent criminal record that appears on background checks for employment, housing, and professional licensing. Furthermore, disorderly conduct arrests in Hillsborough County often lead to additional charges — including resisting arrest, battery on a law enforcement officer, or trespassing. At The Brancato Law Firm, P.A., we fight to prevent a minor incident from creating lasting consequences.

What Defenses Work Against Disorderly Conduct Charges?

Disorderly conduct and disorderly intoxication are among the most defensible misdemeanors in Florida. Here are the strategies we use at The Brancato Law Firm, P.A.:

• First Amendment protection. Florida courts have consistently held that §877.03 cannot criminalize speech that the First Amendment protects. If officers arrested you for yelling, cursing, or expressing displeasure — even loudly — the charge may violate your constitutional rights. The State must prove your conduct went beyond protected speech.
• Vagueness challenge. The language of §877.03 — “corrupt public morals” or “outrage the sense of public decency” — is vague enough that Florida courts have narrowed its application. We challenge whether the specific conduct actually falls within the statute’s reach.
• No public disturbance (disorderly intoxication). For §856.011, the State must prove both intoxication and a public disturbance or endangerment. If you were intoxicated but not causing a disturbance, or if you caused a disturbance but were not intoxicated, the charge fails.
• Video evidence. Body camera and surveillance footage often contradicts the officer’s account. We review all available video to show that the conduct did not rise to the level of disorderly conduct.
• Overreaction by law enforcement. Officers sometimes arrest people for disorderly conduct when the person is simply exercising their rights — asking questions or recording police activity. We demonstrate that the arrest lacked probable cause.

Case Study — No Filed, Disorderly Intoxication and Harassing First Responder: We represented a client arrested in Ybor City for disorderly intoxication and harassing a first responder. Rocky reviewed the video footage, which showed the client’s conduct did not constitute disorderly intoxication under the statute. Rocky presented mitigation to the prosecutor, and the client completed community service. Result: The State no filed both charges. Past results do not guarantee future outcomes.

Where Do Most Disorderly Conduct Arrests Happen in Hillsborough County?

In our experience, disorderly conduct and disorderly intoxication arrests in Hillsborough County concentrate in several areas. Ybor City is by far the most common location — the entertainment district’s bars, clubs, and crowded streets generate a high volume of alcohol-related arrests every weekend. SoHo (South Howard Avenue) is another frequent location, particularly during late-night hours when bar patrons spill onto sidewalks and parking lots.

However, these arrests also occur at sporting events, festivals, family gatherings, and even at retail stores during confrontations with security or management. In many of these situations, the person’s behavior — while disruptive — does not actually meet the legal standard for disorderly conduct. At The Brancato Law Firm, P.A., we analyze the specific location and circumstances to determine whether the arrest was legally justified.

What Should You Do After a Disorderly Conduct Arrest?

If you have been arrested for disorderly conduct or disorderly intoxication in Hillsborough County, take these steps:

1. Do not resist or argue at the scene. Arguing with officers after an arrest often leads to additional charges — particularly resisting arrest without violence, which is a first-degree misdemeanor carrying up to 1 year in jail. Even pulling your arm away during handcuffing can support a resisting charge. Comply with the arrest and fight the charge in court instead.
2. Request body camera footage. Tampa Police and Hillsborough County Sheriff’s deputies wear body cameras. This footage frequently supports the defense by showing that the conduct did not meet the statutory standard.
3. Contact a defense attorney promptly. An attorney can often resolve disorderly conduct cases through pre-trial diversion, dismissal, or negotiation — but only if an attorney gets involved early.
4. Preserve your own evidence. If witnesses observed the incident, if you have your own video recording, or if other circumstances support your version of events, preserve this evidence for your attorney.

Frequently Asked Questions About Disorderly Conduct in Florida

Is disorderly conduct a misdemeanor or a felony in Florida?

Both disorderly conduct under §877.03 and disorderly intoxication under §856.011 are second-degree misdemeanors — the lowest level of misdemeanor in Florida. However, additional charges that often accompany a disorderly conduct arrest, such as resisting an officer or battery on law enforcement, can be first-degree misdemeanors or felonies. The Brancato Law Firm, P.A. defends clients against all charges arising from these incidents throughout Hillsborough, Pinellas, and Pasco Counties.

Can I be arrested just for being drunk in public?

Not exactly. Under §856.011, you must be intoxicated and either cause a public disturbance or endanger the safety of another person or property. Simply being intoxicated in public without causing a disturbance or posing a danger does not meet the statutory elements. In fact, the statute itself encourages officers to take intoxicated individuals home or to a treatment facility rather than arresting them. Tampa criminal defense attorney Rocky Brancato challenges whether the State can prove both elements required for conviction.

Can disorderly conduct charges be dropped?

Yes — and because these are misdemeanor charges, prosecutors frequently agree to dismissal, diversion, or reduced charges when the evidence is weak. If the video contradicts the officer’s report, if the conduct falls within First Amendment protections, or if pre-trial conditions demonstrate the incident will not recur, prosecutors often agree to drop the charges without a conviction.

Hiring a Defense Attorney

Why hire a lawyer for a misdemeanor?

Because even a second-degree misdemeanor creates a permanent criminal record that affects employment, housing, and professional licensing. In addition, disorderly conduct arrests in Hillsborough County frequently involve additional charges that carry much higher penalties. Furthermore, many employers specifically ask about misdemeanor convictions on applications. An experienced attorney can often resolve the entire case without a conviction — protecting your record for the long term.

How much does it cost to defend a disorderly conduct charge?

Fees depend on the number of charges, the complexity of the evidence, and whether the case involves constitutional challenges or companion charges like resisting arrest. The Brancato Law Firm, P.A. offers free, confidential consultations. Call (813) 727-7159 to discuss your case.

You Are Reading This for a Reason — Let Us Help

If you are facing disorderly conduct or disorderly intoxication charges, do not make the mistake of assuming a misdemeanor is not worth fighting. A conviction creates a permanent criminal record, and these arrests often come with additional charges — such as resisting arrest or battery on a law enforcement officer — that carry far more serious consequences. Rocky Brancato has defended criminal cases in Hillsborough County for more than 25 years, and we know exactly how to challenge these charges at every level — from pre-trial diversion through jury trial.

Every day you wait is a day the prosecution builds its case. The earlier Tampa criminal defense attorney Rocky Brancato gets involved, the more options you have.

Call The Brancato Law Firm, P.A. today at (813) 727-7159 for a free, confidential consultation. We are available 24/7 and serve clients throughout Hillsborough, Pinellas, and Pasco Counties.

For more about how we defend criminal charges, visit our Violent Crimes practice page. You can also read our guides on What Is Assault and Battery in Florida? and What Is DUI in Florida? — disorderly conduct often arises alongside assault, battery, and DUI charges from the same incident.

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice serving clients exclusively in Hillsborough, Pinellas, and Pasco Counties. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.