Boating Under the Influence (BUI) — Florida § 327.35

Under Florida Statute § 327.35, Boating Under the Influence is a first-degree misdemeanor for a first offense, carrying up to 6 months in jail and a $500–$1,000 fine. The same .08 BAC standard applies as in DUI cases, and Florida’s implied consent law under § 327.352 applies to vessels. BUI is enforced primarily by the Florida Fish and Wildlife Conservation Commission (FWC) on Polk County’s lakes and waterways. A BUI arrest is a criminal charge — call (863) 774-4556 now.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Is Boating Under the Influence Under Florida Law?

Florida Statute § 327.35 makes it unlawful for any person to operate a vessel within the state while under the influence of alcoholic beverages, any chemical substance listed in § 877.111, or any controlled substance under chapter 893 when those substances impair the person’s normal faculties, or with a blood or breath alcohol level of .08 or higher. The statute mirrors § 316.193 (the DUI statute) almost exactly — the difference is that it applies to vessels rather than motor vehicles.

“Vessel” is defined broadly under § 327.02 to include motorboats, sailboats, personal watercraft (jet skis), canoes, kayaks, and virtually every other watercraft. If it floats and you’re on it, § 327.35 likely applies. Polk County has more than 550 named lakes — the Chain of Lakes, Lake Wales, Lake Rosalie, Lake Kissimmee, and dozens more — making BUI enforcement a regular FWC activity throughout the county.

What Are the Penalties for BUI in Florida?

The penalty structure under § 327.35 closely parallels the DUI statute:

• First offense: First-degree misdemeanor — up to 6 months in jail, $500–$1,000 fine, 50 hours community service (or $10/hour buyout), impoundment or immobilization of the vessel for 10 days
• First offense with BAC .15+ or minor on board: Up to 9 months in jail, $1,000–$2,000 fine
• Second offense: First-degree misdemeanor — up to 9 months in jail, $1,000–$2,000 fine, 10-day vessel impoundment
• Second offense within 5 years: Mandatory minimum 10 days in jail
• Third offense: Third-degree felony — up to 5 years in prison, $2,000–$5,000 fine
• BUI with serious bodily injury: Third-degree felony — same statute as DUI with injury
• BUI manslaughter: Second-degree felony, mandatory 4-year minimum prison sentence — same mandatory minimum as DUI manslaughter
• Vessel operator education course: Required as a condition of sentence for all BUI convictions

How Is BUI Different From DUI in Florida?

BUI and DUI rest on the same .08 BAC threshold, the same impairment-of-normal-faculties standard, and the same implied consent framework. The practical differences, though, affect both the prosecution’s case and your defense:

No Driver’s License Suspension

A BUI conviction under § 327.35 does not automatically trigger a Florida driver’s license suspension. There is no boating license required for most recreational vessels in Florida — so there is nothing for the DHSMV to suspend. This is one of the most significant practical differences between BUI and DUI, and it means the collateral consequences of a BUI conviction, while serious, do not include the transportation disruption that follows a DUI.

Different Enforcement Agencies

DUI is typically enforced by local law enforcement (Polk County Sheriff’s Office, Lakeland PD, Bartow PD) on public roads. BUI is primarily enforced by the Florida Fish and Wildlife Conservation Commission (FWC) on inland waterways. FWC officers are certified law enforcement with the same authority to arrest as any other Florida officer, and they conduct regular BUI patrols — particularly on busy boating weekends and holidays.

Field Sobriety Exercises Are More Challenging on Water

Standard field sobriety exercises designed for roadside administration — walk-and-turn, one-leg stand, horizontal gaze nystagmus — are administered very differently in a marine context. A person who has been on a boat for hours may exhibit balance and coordination issues related to sea legs (mal de débarquement), sun exposure, heat, fatigue, and dehydration — none of which involve alcohol impairment. I challenge marine field sobriety evidence on these grounds in every BUI case.

Federal Jurisdiction on Navigable Waters

On federally designated navigable waters — including many of Florida’s major lakes and rivers — the United States Coast Guard has concurrent enforcement jurisdiction. A federal BUI charge is distinct from a Florida state BUI charge and carries its own consequences under 46 U.S.C. § 2302. Federal BUI prosecutions are less common than state BUI cases but do occur, particularly when the Coast Guard is directly involved in the stop or arrest. I handle both state and federal maritime enforcement matters.

Does Implied Consent Apply to Boating in Florida?

Yes. Under § 327.352, operating a vessel in Florida constitutes implied consent to submit to breath, blood, or urine testing when an officer has reasonable cause to believe you are under the influence. Refusal to submit carries consequences: a first refusal is a civil penalty of $500 under § 327.35215 — and, importantly, a first BUI refusal is not a crime. Unlike a first DUI refusal (which Florida’s Trenton’s Law made a second-degree misdemeanor effective October 1, 2025), Trenton’s Law did not criminalize a first vessel-test refusal. A second or subsequent BUI refusal is different: under § 327.359, a person who refuses after having previously been fined under § 327.35215 — or who previously had a driver’s license suspended for a test refusal — commits a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). In every case the refusal is also admissible at trial as evidence of consciousness of guilt.

Unlike DUI refusal (which triggers an administrative license suspension under § 316.1932), a BUI refusal does not result in a Florida driver’s license suspension — again, because there is no boating license to suspend. But the evidentiary consequences are real. I advise clients to contact me before making any decision about testing cooperation when possible.

Defenses to BUI Charges in Polk County

BUI cases present many of the same defense opportunities as DUI cases, plus several unique to the marine environment:

• Legality of the stop: FWC officers must have a lawful basis to board or stop your vessel. A stop without reasonable suspicion or a valid safety inspection basis may be challenged
• Sea legs / environmental factors: As noted above, hours on the water, sun, heat, and dehydration can explain balance and coordination problems the FWC officer attributed to impairment
• Breath test reliability: The same Intoxilyzer challenges that apply in DUI cases apply in BUI cases — operator certification, maintenance records, mouth alcohol, radio frequency interference
• Implied consent compliance: The officer must follow specific procedures under § 327.352 before testing is administered. Failure to give proper implied consent warnings can affect admissibility
• Chain of custody for blood/urine: If blood or urine was collected, the same chain-of-custody and lab protocol challenges that apply in drug DUI cases apply here

Can BUI Affect Your Driver’s License or Career?

While a BUI conviction does not directly suspend your Florida driver’s license, it creates a permanent criminal record. For persons holding commercial driver’s licenses (CDLs), professional licenses regulated by DBPR (nurses, contractors, real estate agents), or security clearances, a criminal conviction — even a misdemeanor — can trigger separate administrative proceedings that may affect those licenses independently. I discuss these downstream consequences with every client so we go into any resolution fully informed.

Frequently Asked Questions — BUI in Florida

What is the penalty for Boating Under the Influence in Florida?

A first-offense BUI under § 327.35 is a first-degree misdemeanor with up to 6 months in jail and a $500–$1,000 fine. A BAC of .15 or higher increases the maximum to 9 months and $2,000. A third offense is a third-degree felony. BUI with serious bodily injury is a third-degree felony; BUI manslaughter is a second-degree felony with a mandatory 4-year prison minimum.

Is BUI the same as DUI in Florida?

BUI (§ 327.35) and DUI (§ 316.193) share the same .08 BAC standard, the same impairment of normal faculties standard, and parallel penalty structures. The key difference: a BUI conviction does not automatically suspend your Florida driver’s license, because no boating license is required for most recreational vessels. Both are criminal offenses with serious consequences.

Who enforces BUI laws on Florida lakes?

The Florida Fish and Wildlife Conservation Commission (FWC) is the primary BUI enforcement agency on Florida’s inland waterways, including Polk County’s 550+ lakes. Local sheriff’s offices and municipal police may also enforce BUI within their jurisdictions. The U.S. Coast Guard has concurrent jurisdiction on federally designated navigable waters.

Does implied consent apply to boating in Florida?

Yes. Under § 327.352, operating a vessel in Florida constitutes implied consent to breath, blood, or urine testing when an officer has reasonable cause to believe you are under the influence. A first refusal carries a $500 civil penalty under § 327.35215 and is not a crime — Trenton’s Law (effective October 1, 2025) criminalized a first DUI refusal but did not criminalize a first BUI refusal. A second or subsequent refusal is a first-degree misdemeanor under § 327.359 (up to 1 year in jail and a $1,000 fine). Any refusal is admissible at trial as evidence. Unlike DUI refusal, BUI refusal does not trigger a driver’s license suspension.

Does a BUI conviction affect my driver’s license?

Not directly — a BUI conviction under § 327.35 does not automatically suspend your Florida driver’s license. However, it creates a permanent criminal record that can affect CDL holders, professional licensees, and security clearance holders through separate administrative proceedings. The absence of a direct license suspension is one practical advantage of a BUI charge compared to DUI.

FWC Enforcement Procedures — What Happens During a BUI Stop on a Polk County Lake

Florida Fish and Wildlife Conservation Commission officers patrol Polk County’s lakes throughout the year, with increased patrols on holiday weekends, fishing tournaments, and summer boating season. FWC BUI stops typically follow a pattern different from road DUI stops: the officer approaches in a patrol vessel, signals the operator to stop (usually by loudspeaker or visible blue lights), boards the vessel, and initiates a conversation. Because there is no “traffic stop” in the traditional sense, the legal standards for boarding a vessel and conducting a BUI investigation differ from roadside DUI procedures and present distinct defense opportunities.

FWC officers conduct safety inspections of vessels under Florida law — including checking for required safety equipment such as life jackets, fire extinguishers, and navigation lights. A safety inspection is lawful without any individualized suspicion of criminal activity. This means FWC can board your vessel without suspecting BUI and still develop probable cause for a BUI arrest based on observations during the inspection. Understanding this distinction is important: a BUI arrest that began as a safety inspection has a different constitutional posture than a BUI arrest that began with specific suspicion of impairment.

What Counts as a “Vessel” Under Florida BUI Law?

Florida Statute § 327.02 defines “vessel” broadly as every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water. This definition explicitly includes:

• Motorboats of all sizes
• Sailboats
• Personal watercraft (jet skis, WaveRunners)
• Canoes and kayaks
• Paddleboards (in most enforcement contexts)
• Airboats
• Rowboats
• Inflatable rafts used as transportation

The inclusion of non-motorized craft — canoes, kayaks, paddleboards — surprises many people. You do not need an engine to be charged with BUI in Florida. If you are paddling a kayak on Lake Kissimmee and FWC has reasonable cause to believe you are impaired, § 327.35 applies. Polk County’s lakes are popular for kayaking and paddleboarding, and FWC officers do enforce BUI against non-motorized operators. The standard is the same as for a motorboat.

DUI vs BUI — Penalty Comparison

Penalty	First DUI (§ 316.193)	First BUI (§ 327.35)
Maximum Jail	6 months (9 months if BAC .15+ or minor)	6 months (9 months if BAC .15+ or minor)
Fine	$500–$1,000	$500–$1,000
Driver’s License	6–12 month suspension	No automatic suspension
Vehicle/Vessel	10-day impound	10-day vessel impound
Community Service	50 hours mandatory	50 hours mandatory
Education Course	DUI school	Boating safety course
Probation	Up to 12 months	Up to 12 months
FR-44 Insurance	Required for license reinstatement	Not required (no license suspended)

Boating Safety Course Requirement After BUI Conviction

Every BUI conviction under § 327.35 requires completion of a NASBLA-approved boating safety course as a condition of the sentence. This is analogous to DUI school for a DUI conviction. The court will order enrollment and completion before the case is closed. Failure to complete the course can result in a violation of probation. The course covers navigation rules, emergency procedures, and safety equipment — and costs $20–$75 depending on the provider.

Coast Guard Jurisdiction vs. Florida State Jurisdiction on Navigable Waters

When a BUI arrest occurs on federally designated navigable waters — which includes most of Florida’s larger lakes and all of its rivers — both state and federal law potentially apply. The U.S. Coast Guard may enforce federal BUI law under 46 U.S.C. § 2302, which carries penalties of up to $5,000 for a first offense and up to $10,000 or 1 year imprisonment for subsequent offenses. In practice, the Coast Guard most commonly enforces federal BUI in coastal and offshore waters rather than inland lakes, but their authority extends to navigable inland waterways as well.

A state BUI prosecution and a federal BUI prosecution arising from the same conduct are separate charges under separate sovereigns. Double jeopardy does not bar both prosecutions. In my experience in the 10th Circuit, federal BUI charges on inland Polk County lakes are rare — FWC state charges are the typical path — but the dual-jurisdiction issue arises more frequently in cases involving the Peace River, Lake Okeechobee (in adjacent circuits), or in cases where the Coast Guard was directly involved in the boarding.

Related pages: Florida DUI Defense Overview | Drug DUI — Florida § 316.193 | DUI With Injury | DUI Manslaughter