What Is BUI (Boating Under the Influence) in Florida? Charges, Penalties, and Defense Options

Key Takeaway: Boating under the influence (BUI) under Florida Statute §327.35 carries the same criminal penalties as DUI — including fines, jail time, and a permanent criminal record. A first BUI conviction means up to 6 months in jail and a $1,000 fine. A third BUI within 10 years is a third-degree felony with up to 5 years in prison. If someone dies as a result, the charge becomes BUI manslaughter — a second-degree felony carrying a mandatory minimum of 4 years. Under Trenton’s Law (effective October 1, 2025), refusing a breath or urine test after a BUI arrest is now a separate criminal offense. However, BUI cases present unique defense opportunities that do not exist in DUI cases.

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.