Boating Under the Influence in Miami

Understanding Florida BUI Laws

A day on Florida’s waterways can end in an arrest when law enforcement suspects boating under the influence (BUI). The resulting criminal charges can carry serious consequences.

Florida handles BUI charges much like drunk driving cases, with similar criminal penalties following a conviction. However, a Miami BUI conviction doesn’t directly result in the suspension of a defendant’s driver’s license.

To discuss an arrest with a BUI attorney in Miami, call (800) 798-0243 for a no-cost consultation.

What Qualifies As Boating Under the Influence?

Florida Statute 327.35 prohibits operating a vessel while under the influence of alcohol or a controlled substance to the extent that normal faculties are impaired. Normal faculties are the ordinary mental and physical abilities needed for everyday activities. The statute also applies when a person has a blood-alcohol or breath-alcohol level of 0.08 or higher.

The prosecution must establish that the accused was operating a vessel within Florida. A charge can arise during a law-enforcement stop or after a boating accident, but the state must still prove every element of the alleged offense.

BUI Charges in Florida

Boating under the influence may be classified as a misdemeanor or felony in Florida. A conviction can lead to incarceration, substantial fines and court fees, probation, and mandatory alcohol treatment or rehabilitation.

A court may show some leniency to a first offender, but leniency isn’t guaranteed. Involving a Miami BUI lawyer early gives the defense time to examine the arrest and evidence before the case advances.

Florida BUI Penalties

As of 2026, Florida’s penalties increase based on the number and timing of prior convictions. A court can also order probation, community service, and vessel impoundment or immobilization.

Potential penalties under Florida law include:

• First conviction: Between $500 and $1,000 in fines and up to six months in jail. The court must also impose probation for up to one year, 50 hours of community service, and 10 days of vessel impoundment or immobilization.
• Second conviction: Fines range from $1,000 to $2,000, with a maximum jail term of nine months.
• Third conviction outside the lookback period: A third offense more than 10 years after a prior conviction carries a fine of $2,000 to $5,000 and up to 12 months of incarceration.
• Third conviction during the lookback period: A third offense within 10 years of a prior conviction is a third-degree felony.

Enhanced Penalties for a High Alcohol Level or Minor Passenger

Florida imposes enhanced penalties when the accused had a blood-alcohol or breath-alcohol level of 0.15 or higher or when a passenger under 18 was aboard the vessel.

The enhanced penalty ranges include:

• First conviction: Fines of $1,000 to $2,000 and as many as nine months in jail.
• Second conviction: Fines of $2,000 to $4,000 and incarceration for up to 12 months.

A court can’t accept a plea to a lesser offense when the BUI charge involves a breath or blood test result of 0.15 or higher.

How a BUI Investigation Develops

A BUI investigation can begin during a vessel stop or after a boating incident. Officers may consider how the vessel was operated, the boater’s appearance and statements, and performance on field sobriety exercises. Available video and witness evidence may also become part of the case review.

Florida’s vessel implied-consent law treats a person operating a vessel as having consented to breath, blood, or urine testing after a lawful arrest for an alleged offense committed while under the influence. When an arrest leads to formal charges, the accused is entitled to a jury trial under the Florida Rules of Criminal Procedure.

BUI Enforcement on Miami Waterways

BUI enforcement is active throughout the year on Biscayne Bay, Government Cut, and the Intracoastal Waterway. Patrol activity increases around Memorial Day, the Fourth of July, Labor Day, New Year’s Eve, and major local events such as Art Basel.

Enforcement may involve:

• The City of Miami
• Miami Beach
• Miami-Dade County
• The Florida Fish and Wildlife Conservation Commission

Florida Fish and Wildlife Conservation Commission officers concentrate much of their Miami-Dade patrol activity in the county’s eastern waterways, including Biscayne Bay. Because these agencies use separate citation processes, the issuing agency and its records are important parts of the evidence review.

BUI Defense in Miami

Attorney Michael Mirer is a former Miami-Dade Prosecutor with more than 20 years of trial-attorney experience and more than 100 trials handled. We develop an individualized defense strategy for each case, using investigators or expert witnesses when appropriate.

Do I Need a Lawyer for My BUI Case?

If you or someone you know has been accused of boating under the influence in South Florida, Michael Mirer can examine the circumstances of the arrest. A stop may follow an officer’s observations on the water or a minor accident involving another boat.

A breath test showing a blood alcohol concentration over the legal limit doesn’t automatically establish guilt. We can challenge the evidence presented by the state, including the administration and reliability of breath testing.

Our review focuses on:

• Whether the state has evidence of vessel operation and impairment
• Whether the stop and arrest were lawful
• Whether chemical-test evidence is reliable
• What officer observations, field sobriety exercises, witness accounts, and available recordings show

We use that evidence to determine a defense strategy tailored to the charge and circumstances.

Facing boating under the influence charges in Miami or South Florida? Contact a Miami BUI lawyer at Law Office of Michael Mirer, P.A. today for a no-cost consultation.