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Criminal Defense Lawyer in Orlando, FL

Boating Under the Influence

Boating under the influence may not be as infamous as driving under the influence, but don’t let the anonymity fool you; just like DUI charges, BUI charges can lead to severe fines, lengthy jail time, and enduring consequences. That’s why it’s vital to seek out experienced Kissimmee criminal defense lawyers as soon as possible. Contact Hanlon Law in Kissimmee today to schedule a free consultation. 


What is Boating Under the Influence? 


Boating under the influence is exactly what it sounds like: operating a boat while under the influence of drugs or, most commonly, alcohol. 


Specifically, Florida Statute 327.35 defines boating under the influence as a person operating a vessel who is under the influence of alcoholic beverages, chemical substances, or other controlled substances, to the extent that the person’s normal faculties are impaired. 


What Qualifies as “Under the Influence?”


For alcohol, Florida law specifies a blood-alcohol content of 0.08 grams per 100 milliliters of blood, or per 210 liters of breath, as the legal impairment level for operating a boating vessel. This means it is illegal to operate a boating vessel with a blood- or breath-alcohol level at or greater than 0.08.


For other drugs, chemicals, and controlled substances, there is no such defined “acceptable” amount. This means any amount, no matter how small, of any of these substances can be considered enough to constitute “under the influence” and lead to a boating under the influence charge. 


Often, law enforcement officers will ask you to perform a field sobriety test, which includes a variety of movements and actions designed to test your vestibular state (balance) and cognitive function. These tests are by no means definitive, however, as you could fail simply because you have poor natural balance. 


The only true way to prove that you are under the influence is to take some kind of sample, be it blood, breath, urine, etc. Most commonly, an officer will start by asking you to perform a “breathalyzer” test, which tests your breath-alcohol content. 


It’s important to remember that you are not legally obligated to give such a sample, or any sample for that matter. While refusing a breathalyzer test for potentially driving under the influence can result in your license being suspended for a full year, there is no such consequence for refusing a breathalyzer test for potentially boating under the influence, as you are not required to have a license to operate many boating vessels.


What Qualifies as “Boating?”


Just being on a boat while under the influence is not, in and of itself, a crime. Boating, for the purposes of this statute, is defined specifically as the operation of a vessel. You must actually be in control of the boat to be seen as operating it. 


It’s important to note, however, that you need not be the only operator of the vessel, and there is no specified amount of time that you must be “at the helm,” so to speak. So, for example, say you take the wheel for your sober, designated driver to use the restroom. The two minutes they’re gone that you operate the vehicle would count as operating the vessel, and if you are under the influence, could be charged under this statute. 


Despite this, it can still be difficult for prosecutors to prove definitively who operated the vessel without physical evidence. Such evidence could be a picture or video taken on someone’s phone who was on the boat with you, security camera footage from the boat or another location where you can be seen operating the vessel in the background, or even the law enforcement officer actually seeing you at the wheel themselves. 


With such a big ask in terms of evidence, an experienced Kissimmee defense attorney can use this caveat to your advantage by arguing a lack of proof that you actually operated the vessel in question at all. 


What are the Consequences of Boating Under the Influence?


While perhaps not as infamous as driving under the influence, boating under the influence is still a serious crime that results in a significant number of injuries and deaths every year in the state of Florida. In fact, since 2015, Florida has held the most boating under the influence incidents in the United States. 


Subsequently, the consequences for boating under the influence are severe in an attempt to discourage the behavior altogether.


For a first-time boating under the influence offense: 


  • Up to 6 months in jail 
  • $500 to $1,000 in fines


For a second boating under the influence offense: 


  • Up to 9 months in jail
  • $1,000 to $2,000 in fines 


For a third boating under the influence offense within 10 years of the previous offense:


  • Charged as a third-degree felony
  • Up to 5 years in jail
  • Up to $5,000 in fines


For a third boating under the influence offense more than 10 years after the previous offense:


  • Up to 12 months in jail
  • $2,000 to $5,000 in fines


For a subsequent boating under the influence offenses (fourth, fifth, etc):


  • Charged as a third-degree felony
  • Up to 5 years in jail
  • Up to $5,000 in fines


You may also be required to attend a DUI program, and will likely be responsible for other court costs associated with conviction. 


It’s important to note that there are certain aggravating factors that may lead to increased jail time and/or fines. Such factors include:


  • A blood-alcohol level of 0.15 or higher
  • Damage to public or private property
  • Injury to any persons
  • Severe bodily injury or death


Kissimmee Criminal Defense Lawyers 


If you’ve been charged with boating under the influence, it’s vital to contact an experienced defense attorney as soon as possible. At Hanlon Law, our team offers nearly twenty years of experience in the courtroom. We’ll advocate aggressively on your behalf and take advantage of every opportunity to argue your case to help you secure the best possible outcome. Contact Hanlon Law in Kissimmee today to schedule a free consultation.

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