With Florida’s year-round sunshine and abundant waterways, boating is a popular recreational activity, especially in the summer months. But just like operating a motor vehicle, operating a boat while under the influence of alcohol or drugs is dangerous and illegal. In Florida, Boating Under the Influence (BUI) is a serious offense with legal consequences similar to Driving Under the Influence (DUI). But what exactly are the differences, and how can a BUI affect a personal injury claim?
BUI vs. DUI: What’s the Difference?
At a legal level, Boating Under the Influence (BUI) and Driving Under the Influence (DUI) are governed by similar standards in Florida. Both are criminal offenses involving the operation of a vehicle or vessel while impaired by alcohol or drugs. However, there are important differences in how they are enforced and the environments in which they occur.
Legal Definitions
- DUI applies to the operation of motor vehicles on land.
- BUI applies to the operation of any vessel on the water, including motorboats, sailboats, personal watercraft (e.g., Jet Skis), and even some non-motorized boats.
Impairment Thresholds
- A person is considered under the influence in both DUI and BUI cases if their Blood Alcohol Concentration (BAC) is 0.08% or higher.
- If the operator is under 21, Florida’s zero-tolerance law applies. A BAC of 0.02% or more can lead to legal consequences.
Key Differences
- BUI laws apply on public waterways, and enforcement may come from the Florida Fish and Wildlife Conservation Commission (FWC), U.S. Coast Guard, or local marine units.
- Boaters are subject to safety inspections and checkpoints without probable cause, which differs from DUI traffic stops that require reasonable suspicion.
Criminal Penalties for Boating Under the Influence in Florida
If convicted of a BUI, penalties are similar to DUI and may include:
- Fines ranging from $500 to $5,000, depending on prior offenses or aggravating factors
- Jail time, with first-time offenders facing up to 6 months
- Mandatory substance abuse education or treatment
- Vessel impoundment
- Community service requirements
Penalties increase significantly for accidents that result in injury, death, or property damage. A BUI resulting in serious injury may be charged as a felony.
How BUI Impacts Personal Injury Claims
If you were injured in a boating accident and the at-fault operator was intoxicated, you may have a stronger civil case. Consider the following reasons:
1. Clear Evidence of Negligence
A criminal conviction for BUI can serve as powerful evidence in a personal injury claim. It supports your case that the operator failed to act with reasonable care.
2. Punitive Damages May Apply
Florida law allows victims to seek punitive damages in cases involving gross negligence or intentional misconduct, such as boating while intoxicated.
3. Third-Party Liability
In some cases, boat owners, rental companies, or event organizers may be held partially liable if they knowingly allowed an intoxicated person to operate a vessel.
What to Do If You’re Injured in a Boating Accident Involving Alcohol
If you or a loved one was injured in a BUI-related boating accident, take the following steps:
- Seek medical attention immediately, even if injuries seem minor
- Report the accident to local authorities or the Coast Guard
- Document the scene, take photos, and gather contact information from witnesses
- Avoid speaking to insurance adjusters before consulting with an attorney
Legal Help from a Coral Springs Boat Accident Lawyer After a BUI Incident
When a day on the water turns into a life-changing event because someone made the reckless decision to boat while intoxicated, you deserve more than just an apology. You deserve answers, accountability, and support.
At the Law Offices Cytryn & Velazquez, P.A., we’re not just here to file paperwork. We’re here to help you make sense of what happened, understand your rights, and take meaningful steps toward recovery. If a drunk boater’s actions left you or someone you love injured, let us step in, ask the hard questions, and pursue the compensation and accountability you’re entitled to.
Contact us at (954) 833-1440 for a free consultation. We’ll handle the legal work so you can focus on putting your life back together.