Boating Under The Influence

Daytona Beach BUI Attorney

Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida

For most Floridians, the beach is just one of many perks to living in the Sunshine State. Thinking about summers in Florida can conjure up images of the ocean, beaches, and a couple of ice cold beers. But, it doesn’t take much for this happy picture to turn into something far less enjoyable. Boating Under the Influence, like Driving Under the Influence, is a crime in the State of Florida. A conviction for BUI can have serious repercussions for your employment, home and family life, and can be costly. In Daytona Beach, New Smyrna Beach, and the surrounding beach areas, officers patrol the waters looking for intoxicated boaters to arrest. If you find yourself in this situation, you must reach out to a BUI attorney in Daytona Beach.

Have you been charged with a crime in Central Florida? With offices conveniently located in DeLand and Daytona Beach, our team of BUI attorneys in Daytona Beach can defend you against your criminal charges. Contact us today!

Boating Under the Influence

In order to encourage boat operators to use designated drivers, the Florida Legislature categorizes Boating Under the Influence as a misdemeanor. In many ways, a BUI is similar to its cousin, the DUI. Just like a DUI, a BUI increases in penalties the more often you are convicted. Even a first-time conviction of DUI can have serious penalties, including imprisonment, fines, and impoundment of your boat.

To prove the crime of Boating Under the Influence, the State has to prove that you were under the influence of alcohol or a chemical or controlled substance to the extent that your normal facilities were impaired OR that you have a blood-alcohol level of at least .08 grams of alcohol per 100 milliliters of blood, or more commonly, a breath-alcohol level of at least .08 grams of alcohol per 210 liters of breath. Note that the State only has to prove one of these elements.

Proving either impairment or BAC is enough to get a conviction. To prove impairment, the State can rely on a variety of factors, including, but not limited to: results of breath, blood, or urine tests, performance on field sobriety exercises, and observations made by officers while investigating the crime. Ever tried performing field sobriety exercises while standing on a boat? It’s not easy.

When faced with a potential BUI conviction, some people may be tempted to refuse to provide a breath sample or participate in field sobriety tests. Rather than saving you from conviction, refusals can be used as evidence of impairment by the State. Much like driving a car, when you decide to operate a boat or other water vessel, you agree to Implied Consent. Consult a BUI attorney in Daytona Beach for more details about this.

Implied Consent

Implied Consent is a policy that is outlined in Florida Statute 327.352. The statute essentially requires any person operating a vessel (including boats, jet skis, etc.) to submit to a breath, blood, or urine test and field sobriety exercises at the request of an officer if the officer believes that the person is impaired. Refusals to submit to these tests are admissible in any subsequent criminal proceedings.

This is very similar to the implied consent for driving a motor vehicle, but there is one key difference. If you refuse to submit to a breath test while driving your car, you will automatically have your license suspended for one year. That same refusal, but for a boat or water vessel, does not affect your driver’s license. Instead, you will be given a civil penalty of $500.00 if it is your first refusal; though a second refusal will result in a misdemeanor charge. It is also important to remember that these refusals overlap with DUIs, so if you previously refused to submit a breath test while driving your car, refusing while driving your boat will result in a misdemeanor.

Understanding Punishments for BUI With Our BUI Attorneys in Daytona Beach

Again, like a DUI, a BUI is an enhanceable offense. This means that the penalties increase the more often you commit the crime, or based on certain circumstances.

First Time BUI Offenses

Adjudication of Guilt.
Up to six (6) months in jail.
Up to one (1) year of probation.
A fine of no less than $500.00, and no more than $1,000.00.
No less than fifty (50) hours of community service.
Ten (10) day impoundment of your vessel.
Must attend and complete a substance abuse course at your own expense.
Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
Pay court costs, cost of prosecution, cost of investigation.

Second Time BUI Offenses

Adjudication of guilt.
Up to nine (9) months in jail.
Up to one (1) year of probation.
A fine of not less than $1,000.00 and no more than $2,000.00.
No less than fifty (50) hours of community service.
Ten (10) day impoundment of your vessel.
Must attend and complete a substance abuse course at your own expense.
Must refrain from using drugs and/or alcohol while on probation with random urinalysis.
Pay court costs, cost of prosecution, and cost of investigation.

Because BUI charges can remain on your record, even a second offense raises the stakes for future boating and driving privileges. Daytona Beach courts take repeat offenses seriously, often considering prior behavior and patterns when setting penalties or conditions. Representation from a BUI lawyer in Daytona Beach who understands both state and Volusia County practices becomes essential to navigate these repeat offense charges.

Third Time BUI Offense Outside of Ten (10) Years

In addition to the above-listed statutory sanctions:

Punishable by up to twelve (12) months in jail.
A fine no less than $2,000.00 and not more than $5,000.00.

Third Time BUI Offense Within Ten (10) Years

A third-time BUI offense within ten years of a prior conviction is a third-degree felony and is subject to the following sanctions:

Punishable by up to five (5) years in prison.
A fine of up to $5,000.00.

Felony-level BUI convictions carry long-term consequences beyond jail time and fines. Courts can impose probation terms, community service, and mandatory substance abuse counseling. In Volusia County, felony convictions may also disqualify you from certain local occupational licenses, affecting your ability to work in maritime fields in Daytona Beach and the surrounding area.

Subsequent BUI Offenses

No matter how much time has passed since the prior conviction, a fourth or subsequent arrest for BUI will be charged as a third-degree felony. This is punishable by up to five (5) years in prison and up to a $5,000.00 fine.

BUI Offenses Causing Damage

If you cause an accident while boating under the influence, the penalties increase.

Causing damage: First-degree misdemeanor, punishable by a fine up to $1,000.00, one (1) year in jail, and one (1) year of probation.
Causing serious injury: Third-degree felony, punishable by a fine up to $5,000.00, five (5) years in prison, and five (5) years of probation.
Causing death: Either a second-degree or first-degree felony, punishable by up to thirty (30) years in prison.

These enhancements reflect the gravity of impaired boating accidents. Investigations of BUI incidents causing injury or death on Daytona Beach-area waterways often involve multiple agencies, including local marine patrol, Florida Fish and Wildlife Conservation Commission, and sometimes the U.S. Coast Guard. The legal process becomes more complex, and courts may consider the specifics of the incident location, such as whether the accident occurred in a crowded festival zone or during peak boating season, to assess aggravating factors.

.15 Blood Alcohol Level or Accompanied by a Minor Enhancements

If arrested for BUI and your BAC is at or above 0.15, or if you commit a BUI while someone under the age of 18 is in your vessel, the penalties increase.

First offense: punishable by a fine not less than $1,000.00 or more than $2,000.00 and up to nine (9) months in jail.
Second offense: punishable by a fine not less than $2,000.00 or more than $4,000.00 and up to twelve (12) months in jail.
Subsequent offense: punishable by a fine not less than $4,000.00 or more.

Local law enforcement agencies view minors on board during a BUI stop as a significant risk factor. In Volusia County, prosecutors may highlight endangerment issues at sentencing hearings, leading courts to require additional counseling, stricter probation terms, or more severe community service obligations in these cases.

BUI Offenses for Defendants Under Twenty-One (21) Years Old

The blood alcohol level for someone arrested and suspected of drinking and boating is reduced from .08 to .02 when the operator is under the age of twenty-one.

Zero-tolerance enforcement is common for underage boaters around Daytona Beach, especially during spring break and major holiday periods. Local agencies conduct targeted patrols in high-traffic youth boating areas, which can lead to an increase in underage BUI arrests during these times.

Will Getting a BUI Affect My Driver’s License?

A BUI arrest or conviction does not affect your driver’s license. However, a BUI conviction is no less serious than a DUI. The penalties are just as severe, and you can still face jail time and heavy fines, and need a BUI attorney in Daytona Beach. In addition, prior BUI convictions count when courts consider DUIs, and vice versa. For example, if you have a prior BUI conviction and are arrested for your first DUI, the court will treat that DUI as a second offense. This can lead to a longer driver’s license suspension.

Local courts have access to statewide records for both BUI and DUI convictions, which means that judges in Volusia County and Daytona Beach will weigh your entire history during sentencing. Cross-over penalties can become more severe if your previous offenses span both boating and driving, resulting in stricter sanctions than you may expect if you consider each record separately.

The Thompson Law Approach

With Matt Thompson as your BUI attorney in Daytona Beach, you can feel confident that your case will be handled by someone who is experienced, knowledgeable, and aggressive in defending your case. As a former prosecutor, Attorney Thompson has handled numerous cases involving alcohol and other substances, including BUI and DUI offenses. As a criminal defense attorney, he draws on his experience as a prosecutor and understands how to argue your case with the State. Thompson Law, P.A. purposely keeps a small caseload to give your legal matter the personalized and individual attention it requires. Attorney Thompson will first sit down with you to get your account of the incident and will work with you to develop the best defense for your case.

Our familiarity with Daytona Beach and Volusia County courts allows us to advise you on local procedures, judge preferences, and key filing deadlines relevant to BUI cases in this area. Whether your incident took place on the Halifax River, at a busy local marina, or during a regional event, we understand how location can impact both the prosecution's strategy and potential sentencing options. Our team aims to guide clients through the process with thorough preparation, local knowledge, and supportive counsel at every stage.

Matt Thompson has experience prosecuting and defending charges of Boating Under the Influence. Call us today for your free case evaluation at (386) 280-4977.

Frequently Asked Questions

Can I be arrested for BUI in Daytona Beach if I wasn’t driving the boat?

Officers must show that you had control or operated the vessel to charge you with BUI. Simply being a passenger is not enough for an arrest. If you are suspected of operating or directing the movement of the boat while impaired, law enforcement may pursue a BUI charge in Daytona Beach.

How soon should I talk to a lawyer after a BUI arrest?

You should consult with a lawyer as quickly as possible after your arrest. An attorney familiar with Volusia County courts can guide you through early hearings and help preserve your rights at every step of the process.

What happens if I refuse a breath or blood test for BUI in Volusia County?

If you refuse breath, blood, or urine testing after a lawful request on the water, your refusal can be introduced as evidence in court and may result in a civil penalty. Repeat refusals may lead to additional misdemeanor charges and higher fines.

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