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BUI Penalties

BUI Provisions and Penalties

Under Florida Statutes Section 327.35, Boating Under the Influence (BUI) is illegal in Florida.

At trial, the State may prove BUI in one of two ways:

  1. When the person who operated a boat within the State of Florida is under the influence of alcoholic beverages or a chemical substance when affected to the extent that the person's normal faculties are impaired; or
  2. When the person has a blood-alcohol level (BAL) of 0.08 or Breath Alcohol Level is .08% or more.

The sentence can be enhanced if the boat's operator has previously been convicted of BUI or DUI or any other similar alcohol-related or drug-related offense) in any state.

Any conviction for BUI would include probation with a special condition that the defendant does the following:

  • completes a substance abuse course;
  • undergo a substance abuse evaluation and any recommended follow-up treatment; and
  • perform at least 50 hours of community service; and
  • immobilize the boat or vessel for at least ten (10) days.

The penalties for BUI are:





1st conviction


≥ $500 ≤ $1,000

up to 6 months

2nd conviction


≥ $1,000 ≤ $2,000

up to 9 months

3rd conviction > 10 years after prior conviction


≥ $2,000 ≤ $5,000

up to 12 months

3rd conviction ≤ 10 years after prior conviction

3rd degree felony

≥ $2,000 ≤ $5,000

up to 5 years

4th or subsequent conviction

3rd degree felony

≥ $2,000 ≤ $5,000

up to 5 years

.02 Legal Limit for Boating Under 21 Years Old

Persons under the age of 21 the legal limit is .02%.


Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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18245 Paulson Drive Port Charlotte, FL 33954