Florida has more registered boats than almost any other state. And with that comes a serious problem — boating under the influence. BUI accidents in Florida happen more than most people realize, and the consequences go far beyond a fine.
Boating is part of life in West Palm Beach and throughout Palm Beach County. Families spend weekends on the Intracoastal, visitors rent boats and personal watercraft, and crowded waterways can become dangerous when alcohol or drugs are involved.
When an impaired operator causes a crash, passengers, swimmers, other boaters, and people on docks can suffer serious injuries.
At Bill Bone Law Group, we help injured people understand their rights after boating accidents involving suspected boating under the influence.
You May Need This Article If:
- You or a loved one was injured by a boat operator who appeared intoxicated or impaired.
- You were a passenger on a vessel operated by someone under the influence.
- A boating crash caused serious injury, drowning-related harm, or death.
- You’re unsure whether a criminal BUI case affects your civil injury claim.
- An insurance company is disputing fault after a boating accident.
If you or someone you love was injured in a boating accident involving alcohol or drugs, you may have rights under Florida law. Bill Bone Law Group helps injury victims and families evaluate these claims and pursue compensation from the responsible parties.
What are BUI Accidents in Florida Under Florida Law?
Florida’s boating under the influence law is similar to its driving under the influence law in several important ways. Under Florida Statutes § 327.35, a person commits BUI if they operate a vessel in Florida while under the influence of alcohol, certain chemical substances, or controlled substances to the extent that their normal faculties are impaired.
A person also commits BUI if they operate a vessel with a blood-alcohol level of 0.08 or more, or a breath-alcohol level of 0.08 or more.
This means a BUI case does not always depend on a breath or blood test alone. Slurred speech, poor coordination, unsafe boat handling, alcohol containers, witness observations, field sobriety evidence, and crash circumstances may all become important.
A test result of 0.08 or higher is significant, but a person may also violate the law if alcohol or drugs impair their normal faculties.
When a BUI accident causes someone’s death, it is charged as BUI manslaughter. This is a second-degree felony that carries up to 15 years in prison and up to $10,000 in fines.
How BUI Accidents Happen
Impaired boating is dangerous because operating a vessel requires judgment, balance, attention, and fast reactions. On crowded waterways, a few seconds can make the difference between a safe pass and a collision.
Alcohol and drugs can affect speed control, distance judgment, reaction time, awareness of wakes, and the ability to recognize swimmers, kayakers, paddleboarders, docks, bridge pilings, and other vessels.
BUI accidents may involve a boat striking another vessel, hitting a fixed object, throwing passengers overboard, capsizing, grounding, or causing passengers to fall while boarding or moving around the boat. Personal watercraft accidents can be especially severe because riders have little protection when they collide with another vessel, dock, seawall, or swimmer.
Does a BUI Charge Prove a Civil Claim?
A criminal BUI case and a civil injury claim are different proceedings. The criminal case is brought by the government and focuses on punishment. A civil claim is brought by the injured person or, in a fatal case, by the appropriate representative for the family and estate. The civil case focuses on compensation for losses caused by the crash.
A BUI arrest, charge, or conviction can be important evidence, but the injured person still must prove the civil claim. That usually means showing that the impaired operator failed to use reasonable care and that this failure caused injury.
Evidence may include law enforcement reports, witness statements, body camera footage, test results, medical records, photographs, vessel damage, GPS data, rental records, and statements made at the scene.
Other parties may also need to be investigated. Depending on the facts, a claim may involve the vessel operator, vessel owner, rental company, marina, or another person or business whose conduct contributed to the accident.
What If BUI Causes Serious Injury or Death?
Florida law treats BUI crashes causing injury or death especially seriously. Under F.S. § 327.35, a person who commits BUI and, because of that operation, causes or contributes to property damage or injury to another commits a first-degree misdemeanor.
If the BUI causes or contributes to serious bodily injury, the offense becomes a third-degree felony. If the BUI causes death, the offense is BUI manslaughter, with enhanced consequences in certain circumstances, including when the operator fails to give information and render aid as required by law.
For injured victims and families, those criminal classifications do not determine the full value of the civil claim. A civil case may include medical expenses, lost income, loss of earning capacity, pain and suffering, disability, scarring, emotional distress, and other losses supported by the evidence.
If the accident results in death, Florida’s Wrongful Death Act may apply. Florida Statutes § 768.19 covers deaths caused by wrongful acts, negligence, default, or breach of contract or warranty, including those occurring on navigable waters.
The action must be brought by the decedent’s personal representative for the benefit of the survivors and estate under F.S. § 768.20.
BUI Penalties in Florida: First Offense Through Felony
Florida BUI charges carry penalties that increase significantly with each offense and escalate further when injury or death is involved. All penalties below are drawn directly from Florida Statutes Section 327.35.
Operators can face aggravated BUI charges and tougher penalties if their BAC is 0.15 or higher, or if they have previous DUI convictions. Fleeing the scene of a fatal BUI crash can upgrade the charge to a first-degree felony, carrying a potential prison sentence of up to 30 years.
First BUI Offense
A first-time BUI offense is a first-degree misdemeanor. Penalties include:
- Fines between $500 and $1,000
- Up to 6 months in jail
- Probation for up to one year
- 50 hours of community service
- Impounding or immobilizing the vessel for 10 days
If your BAC was 0.15% or higher, or if a minor was on board at the time, fines increase to between $1,000 and $2,000, and jail time increases to up to 9 months.
Second BUI Offense
Second BUI OffenseA second BUI offense within five years carries fines between $1,000 and $2,000, mandatory jail time of at least 10 days, and up to 9 months in jail. A subsequent conviction is treated far more harshly, and the mandatory minimum means there is no way around serving time.
Third BUI Offense
A third BUI offense can be charged as a third degree felony under Florida Statutes Section 327.35 — fines of up to $5,000 and imprisonment for up to 5 years. A felony conviction affects employment, housing, firearm rights, and voting rights long after the sentence is served. Our boating accident attorneys have seen firsthand how these convictions affect every civil claim that follows.
BUI Causing Property Damage or Minor Injuries
When a BUI incident results in property damage or minor injuries, it is classified as a first degree misdemeanor under Florida Statutes Section 327.35, punishable by up to 1 year in jail and a $1,000 fine.
BUI Causing Serious Bodily Injury
When a BUI accident results in serious bodily injury to another person — defined under Florida Statutes Section 327.353 as injuries involving risk of death, permanent disfigurement, or long-term loss of function — the charge escalates to a third-degree felony, punishable by up to 5 years in prison and $5,000 in fines.
What Duties Apply After a Boating Accident?
Florida law imposes duties after a boating collision, accident, or casualty. Under F.S. § 327.30, a vessel operator involved in an accident must render practicable and necessary assistance to affected persons and provide identifying information.
Certain accidents must be reported without delay, including accidents involving death, disappearance under circumstances indicating possible death or injury, injury requiring treatment beyond immediate first aid, or apparent property damage of at least $2,000.
Leaving the scene can create additional criminal exposure. For civil purposes, it may also affect the evidence available to prove what happened. If the operator fled, delayed reporting, refused testing, or failed to help injured passengers, those facts should be documented as early as possible.
What to Do After a Suspected BUI Accident
Seek medical attention immediately, even if you think your injuries are manageable. Head injuries, spinal injuries, internal trauma, near-drowning complications, and orthopedic injuries may worsen after the initial shock wears off.
Report the accident and cooperate with law enforcement, but avoid guessing about facts you do not know. Identify witnesses, photograph the vessel and accident scene, preserve damaged clothing or equipment, and keep all medical bills and discharge papers.
If the vessel was rented, save the rental agreement, safety forms, receipts, and any text messages or emails involving the rental. Be careful with insurance communications.
The operator’s insurer, vessel owner’s insurer, or rental company’s insurer may contact you quickly. Before giving a recorded statement or accepting any settlement, it is wise to understand the full extent of your injuries and who may be legally responsible.
Finally, be aware of the filing deadline. Under F.S. § 95.11, negligence actions generally must be filed within 2 years of the accident. Wrongful death actions also generally have a 2-year deadline, but that deadline is based on the death, not simply the date of the boating accident.
How Serious Is Florida’s Boating Problem?
The numbers put it in context. According to the FWC’s 2024 Boating Accident Statistical Report:
- 685 reportable boating accidents occurred in Florida — 26 more than in 2023
- 81 fatalities were reported — 22 more than the previous year, a rise of over 35%
- 65% of operators involved in fatal accidents had no formal boating training
- Florida continues to lead the nation in boating fatalities every year
Alcohol is a major contributing factor nationally. According to the U.S. Coast Guard’s 2024 Recreational Boating Statistics, alcohol was the leading known contributing factor in 20% of boating deaths where the cause was known.
In Florida specifically, 2024 data shows 44 alcohol-related boating incidents. While they represented about 7% of total accidents, they were disproportionately deadly, with a fatality rate significantly higher than that of non-alcohol-related accidents.
The USCG also reports that 10% of all vessel incidents nationally in 2023 occurred in Florida — nearly double the percentage of the next-highest state.
Our boating accident lawyers have handled cases across Palm Beach County and throughout South Florida. If you were involved in one of these accidents, you are not alone. You have legal options.
Aggravated BUI Charges
Aggravated BUI charges apply when circumstances go beyond a standard BUI offense, including:
- BAC of 0.15% or higher
- A minor passenger on board
- A prior BUI or DUI conviction within the lookback period
- An accident that caused injury, death, or significant property damage
These factors trigger higher minimum fines, extended probation periods, mandatory completion of boating safety courses, and increased potential jail time under Florida Statutes Section 327.35(4).
If drunk boating results in a fatality, it is charged as BUI manslaughter. This second-degree felony can lead to up to 15 years in prison and a $10,000 fine.
Ready to Speak With a Lawyer?
Bill Bone Law Group helps Florida injury victims and families understand their rights after serious boating accidents. If you were injured by an impaired boat operator, or if your family lost someone in a suspected BUI accident in West Palm Beach or Palm Beach County, contact us today for a free consultation and case review.
Frequently Asked Questions
Is BUI treated the same as DUI in Florida?
Florida law treats boating under the influence very similarly to driving under the influence. The same legal limit applies (0.08% BAC), impairment of a person’s normal faculties is grounds for arrest, and criminal penalties escalate in similar ways. The key difference is that officers can inspect vessels without probable cause. You can read the full statute at Florida Statutes Section 327.35.
Can I be charged with BUI below the legal limit?
Yes. Florida Statutes Section 327.35(1)(a) allows BUI charges when a person’s normal faculties are impaired, regardless of BAC. Officers assess appearance, behavior, coordination, and the ability to operate the vessel safely.
What happens if I refuse a breath or blood test?
Refusing a chemical test in Florida results in administrative penalties and can itself be used as evidence against you in court.
Can a passenger or boat owner be held liable in a BUI accident?
In some circumstances, yes. If a boat owner permitted someone they knew to be impaired to operate their vessel, civil liability may extend beyond just the operator. Our boating accident attorneys investigate all responsible parties — not just the person at the helm.
How long does a BUI stay on my record?
In Florida, a BUI conviction becomes part of your permanent criminal record and cannot be expunged. Depending on the offense level, expungement may not be available.
