Fla. Stat. § 327.35

Boating Under the
Influence (BUI)

On the Treasure Coast, a day on the water can end in a criminal charge. BUI closely mirrors DUI — same 0.08 limit, same escalating penalties. Here is what the law requires.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

BUI Mirrors DUI

Under § 327.35, boating under the influence closely parallels DUI: it is illegal to operate a vessel with a blood- or breath-alcohol level of 0.08 or higher, or while your normal faculties are impaired. "Vessel" is broad — motorboats, sailboats, and personal watercraft like Jet Skis all count.

The Governing Statute
Fla. Stat. § 327.35 — Boating Under the Influence
"A person is guilty of the offense of boating under the influence … if the person is operating a vessel within this state and … is under the influence of alcoholic beverages [or has] a blood-alcohol level of 0.08 or more."
Read the full statute on Online Sunshine →

Unlike a car, a boat can be stopped for a safety inspection — though a 2025 change ("Boater Freedom Act") tightened when officers may initiate certain stops, generally requiring probable cause of a primary violation. For boaters under 21, a zero-tolerance rule applies at 0.02.

The Actual Penalties

BUI — Statutory Penalties
First offense: $500–$1,000 fine, up to 6 months in jail.

BAC 0.15+ or a minor aboard: Enhanced fines and up to 9 months.

BUI causing serious bodily injury: Third-degree felony.

BUI manslaughter: Second-degree felony, up to 15 years.

What a Defense Attorney Looks For

  • The basis for the stop — especially given the 2025 changes to stop authority.
  • Field sobriety testing on the water, which is affected by wave motion, sun, and fatigue ("boater’s hypnosis").
  • Breath/blood testing accuracy and procedure.
  • Whether the person was actually "operating" the vessel.

Frequently Asked Questions

What is the legal limit for BUI in Florida?
The same as DUI — 0.08. Under § 327.35, operating a vessel with a blood- or breath-alcohol level of 0.08 or higher, or with impaired normal faculties, is boating under the influence. For boaters under 21, the limit is 0.02.
Is BUI as serious as DUI in Florida?
Yes. BUI penalties closely mirror DUI — first-offense fines of $500–$1,000 and up to 6 months in jail, escalating to felonies for serious injury or death. It is a criminal charge, not a ticket.
Can I get a BUI on a Jet Ski or paddleboard in Florida?
A Jet Ski counts — "vessel" under § 327.35 includes personal watercraft. Coverage of purely paddle-powered craft can be more nuanced, but motorized watercraft are squarely covered.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 327.35 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.