Clearwater’s waterways offer plenty of opportunities to spend a day on the water, but boating and alcohol can lead to legal consequences some boaters may not expect. Florida doesn’t limit DUI laws to cars. State law also makes boating under the influence, or BUI, a criminal offense.
Whether you own a boat or rent one while visiting Clearwater, knowing where Florida draws the line can help you make informed decisions before leaving the dock.
What Counts as Boating Under the Influence in Florida?
Under Florida Statute § 327.35, a person commits BUI when operating a vessel while alcohol, certain chemical substances, or controlled substances impair their normal faculties. A person also violates the statute when operating a vessel with a blood-alcohol level of 0.08 or higher or a breath-alcohol level of 0.08 or higher.
That means the state doesn’t necessarily need a 0.08 reading to pursue a BUI charge. Evidence that alcohol or another covered substance impaired the operator’s normal faculties can also support a charge.
Can You Drink Alcohol on a Boat in Clearwater?
Florida’s BUI statute focuses on operating a vessel while impaired, rather than creating a blanket prohibition against adults possessing or consuming alcohol aboard recreational boats.
The safest distinction to remember involves the operator. Having passengers drinking on board doesn’t give the person controlling the vessel an exception to Florida’s BUI law. Florida’s Legislature specifically encourages boaters to choose a designated operator who does not consume alcohol.
What Happens During a BUI Investigation?
Law enforcement officers who suspect impairment may investigate whether a vessel operator has violated Florida’s BUI laws.
Florida’s implied-consent law also matters. Operating a vessel in Florida constitutes consent to certain approved tests under circumstances specified by law. Refusing a lawful breath or urine test can result in a $500 civil penalty.
A subsequent qualifying refusal can carry even greater consequences. Under § 327.359, someone who previously received the applicable refusal penalty or qualifying driver’s-license suspension and refuses again under the circumstances described by the statute can face a first-degree misdemeanor.
What are the Penalties for a BUI in Florida?
For a first BUI conviction, Florida law provides for a fine ranging from $500 to $1,000 and imprisonment for up to six months.
The consequences can increase based on the circumstances and prior convictions. For example, Florida increases penalties when a person convicted of BUI had a blood- or breath-alcohol level of 0.15 or higher or operated the vessel while someone under 18 was aboard.
Cases involving property damage, serious bodily injury, or death can create substantially more serious criminal consequences.
What if the Boat Operator is Under 21?
Florida sets a lower alcohol threshold for boat operators under 21.
Under § 327.355, someone under 21 may not operate or remain in actual physical control of a vessel with a breath-alcohol level of 0.02 or higher. The statute treats this specific under-21 violation as a noncriminal infraction, although other circumstances can lead to different charges.
What Happens After a BUI Arrest?
An arrest can lead to booking, possible bail, and future court proceedings. If the court or applicable release process allows bail, posting a bond can let the defendant leave custody while the case continues.
A bail bond does not determine guilt or make the BUI charge disappear. The defendant must continue complying with release requirements and required court appearances.
How 49th Street Bail Bonds Can Help
A BUI arrest can leave family members trying to navigate the bail process while they are still figuring out what happened on the water.
49th Street Bail Bonds has served the Clearwater area for more than a decade and provides 24/7 bail bond assistance for BUI arrests and many other legal situations. The agency helps clients understand the bond process and provides swift, confidential, professional assistance when bail applies.
49th Street Bail Bonds assists with bonds involving the Pinellas County Jail and several other Florida county jails. A small transfer fee applies to bond premiums outside Pinellas County.
For bail bond assistance, call 49th Street Bail Bonds at 727-592-0000.
Important: This article provides general information and does not constitute legal advice.
