Does a Boating DUI Have the Same Consequences as a Car DUI?

 Posted on November 06, 2026 in Testing

Boating under the influence, or BUI, is a separate crime from driving under the influence in Florida. Still, the penalties for a first BUI are nearly the same as for a first DUI. If you were arrested for BUI in 2026, a Key West, FL DUI lawyer can explain how the charge may affect you both on land and on the water.

How Does Florida Define Boating Under the Influence?

Under Florida Statutes Section 327.35, you can be charged with BUI if you operate a vessel while alcohol or drugs have impaired your normal faculties. You can also be charged if your blood or breath alcohol level is 0.08 or higher. These are the same limits Florida uses for a car DUI.

Florida’s definition of a vessel is broad and includes jet skis, pontoon boats, sailboats, and small fishing skiffs. Passengers who are 21 or older can legally drink on a boat, but the person operating it cannot be impaired.

What Are the Penalties for a First BUI Compared to a First DUI in Florida?

For a first conviction, a BUI and a DUI carry nearly identical penalties. Both can include:

• A fine of $500 to $1,000
• Up to six months in jail
• Up to one year of probation, with at least 50 hours of community service
• A 10-day impoundment or immobilization of the vessel or vehicle
• A required substance abuse course

Both charges carry higher penalties if your alcohol level was 0.15 or higher, or if a minor was with you. In these cases, a first conviction can bring a fine of $1,000 to $2,000 and up to nine months in jail.

Does a BUI Affect Your Vehicle Driver’s License in Florida?

Under Florida Statutes Section 322.28, a first DUI conviction leads to a license revocation of at least 180 days and up to one year. The BUI statute, on the other hand, contains no license penalty. A BUI conviction alone typically won’t cost you your license.

Florida operates under the principle of implied consent, which means when you operate a vessel, you are consenting to submit to chemical testing for suspected impairment. This law applies on both land and water, but refusing a test has different penalties for each.

After a DUI arrest, refusing a breath test can lead to a one-year license suspension, and the refusal itself can be charged as a misdemeanor. After a BUI arrest, a first refusal carries a $500 civil penalty under Florida Statutes Section 327.352. If you’ve refused a test before, a second refusal can be charged as a first-degree misdemeanor.

Can a BUI Count Against You in a Later DUI Case in Florida?

A BUI and a DUI are separate offenses, but Florida can connect them for repeat offenses. A prior BUI counts as a previous conviction under the DUI statute, and a prior DUI counts under the BUI statute.

This matters because the penalties increase with each conviction. A second conviction within five years can mean mandatory jail time. A third conviction within 10 years can be charged as a felony.

How Is a BUI Case Different From a DUI Case in Florida?

Field sobriety tests for impairment are often harder to administer accurately on the water. A few hours of sun, wind, waves, and engine noise can cause red eyes, fatigue, and poor balance, even in someone who hasn’t been drinking. Breathalyzer tests will often still be used to check blood alcohol levels if the officer believes someone is impaired.

How and where the tests were given is often examined in BUI cases. If the tests were administered incorrectly or there’s reason to believe the results are inaccurate, the prosecution has a weaker case against you.

Call a Key Largo, FL DUI Lawyer Today

A BUI is a criminal charge and should be treated as such to avoid potential impacts on your future. Our firm handles BUI and DUI cases throughout the Florida Keys with more than three decades of combined experience among our Key West, FL criminal defense attorneys. We are aggressive with prosecutors while being supportive of clients. One of our managing partners also previously served as an Assistant State Attorney and an Assistant Public Defender in Monroe County, giving our firm insight into the prosecution process.

Call Keys Criminal Defense, PLLC at 305-324-7888 today to schedule your free consultation. Se habla Español.