Arrested for BUI? What to Do Now
Don't discuss your case with officers or post about it online.
If you refused a chemical test, you generally have 30 days after receiving the required notice to request a hearing on the civil penalty.
Keep any rental, charter, or launch paperwork and the names of people on board.
Contact a BUI lawyer before your first court date.
BUI Charges We Defend in Florida
Florida law treats boating under the influence as a criminal offense. Our BUI defense attorneys represent clients facing first-time charges, repeat offenses, and felony allegations. We examine the circumstances of your arrest, review the evidence, and build a defense tailored to your case.
First-Time BUI
- Mandatory probation and community service upon conviction
- Defense may involve the vessel stop, sobriety exercises, and testing
Second, Third, and Felony BUI
- A second conviction carries increased fines and jail exposure
- A third offense within 10 years of a prior conviction can be a third-degree felony; a fourth or subsequent BUI is a third-degree felony, regardless of timing
BUI With a BAC of 0.15 or Higher or a Minor on Board
- Enhanced penalties apply at a BAC of 0.15 or higher
- The same enhancement applies when a passenger is under 18
BUI With Property Damage or Injury After a Boating Accident
- Property damage or non-serious injury can result in a first-degree misdemeanor
- Serious bodily injury can lead to third-degree felony charges
BUI Manslaughter
- Generally charged as a second-degree felony
- Carries a four-year mandatory minimum prison sentence upon conviction
Breath, Blood, or Urine Test Refusal on the Water
- Certain repeat refusals can lead to additional criminal charges
- Testing procedures and implied consent warnings may provide grounds for defense
Drug and Prescription Medication BUI
- BUI charges can involve controlled substances as well as alcohol
- Legally prescribed medication can be relevant to an impairment allegation
Jet Ski, Pontoon and Rental Boat BUI
- Florida BUI laws apply to personal watercraft and recreational boats
- Renting or borrowing a vessel does not exempt an operator
What Counts as Boating Under the Influence in Florida?
Under Florida Statute 327.35, you can be charged with boating under the influence if you operate a vessel while:
- Your normal faculties are impaired by alcohol, certain chemical substances, or controlled substances.
- Your blood-alcohol concentration (BAC) is 0.08 or higher.
- Your breath-alcohol concentration is 0.08 or higher under the statutory measurement.
For boaters under 21, Florida also prohibits operating or being in actual physical control of a vessel with a breath-alcohol level of 0.02 or higher.
BUI and DUI are separate offenses under Florida law. While both generally use a BAC threshold of 0.08, the enforcement procedures and consequences differ. For charges involving motor vehicles, our Florida DUI lawyer can explain the applicable laws and defense options.
How Our BUI Defense Attorneys Handle Your Case
Every BUI case requires a defense built around the evidence. We investigate the circumstances of your arrest, identify weaknesses in the prosecution's case, and develop a strategy based on your charges.
Free Consultation and Case Review
We discuss what happened before, during, and after your arrest. We review the charges, testing procedures, and relevant criminal history to identify the issues that need immediate attention.
Reviewing Why Your Boat Was Stopped
We examine the officer's reason for stopping or boarding your vessel and assess whether the stop complied with Florida law. If officers violated your rights, we determine whether the resulting evidence should be challenged.
Getting the Evidence
We collect and review available Florida Fish and Wildlife Conservation Commission (FWC) reports, sheriff's marine unit records, body-camera footage, witness statements, and chemical test results.
Building Your Defense
We examine the evidence of impairment, evaluate testing procedures, and identify weaknesses in the prosecution's case. Our defense strategy addresses the circumstances of your vessel stop, arrest, and investigation.
Negotiating a Reduction or Going to Trial
We explain your legal options and pursue a strategy suited to your case. This includes seeking dismissal, negotiating reduced charges, or preparing for trial when the circumstances warrant it.
Common Defenses in Florida BUI Cases
A BUI arrest does not establish guilt. We investigate the evidence, identify procedural errors, and determine which defenses apply to your circumstances.
No Lawful Reason to Stop the Vessel
Since July 1, 2025, Florida's Boater Freedom Act has prohibited officers from stopping or boarding vessels solely to conduct routine safety or marine sanitation equipment inspections. Under Florida Statute 327.56, officers generally need probable cause to believe a Chapter 327 violation has occurred or is occurring. An unlawful stop may provide grounds to challenge evidence obtained afterward.
Field Sobriety Exercises Affected by Water Conditions
Sun exposure, wind, waves, and vessel movement affect balance and coordination. We review the conditions under which your sobriety exercises were performed and challenge observations that do not reliably establish impairment.
Breath, Blood, or Urine Testing Problems
Chemical testing errors affect the reliability of the evidence. We review equipment maintenance, sample collection, testing procedures, and laboratory records for problems that support a challenge.
Implied Consent Warning Not Given Correctly
Florida law requires specific warnings before certain chemical test refusals carry legal consequences. We examine what officers told you and whether the warning complied with legal requirements.
You Were Not the Person Operating the Boat
Being aboard a vessel does not automatically establish that you were operating it. We examine witness statements, officer observations, and other evidence to challenge allegations about who controlled the boat.
Medical or Physical Conditions
Medical conditions, injuries, fatigue, and physical limitations affect speech, balance, and coordination. We review relevant medical information and investigation records to distinguish these factors from alleged impairment.
The strength of each defense depends on the facts and available evidence. We explain which arguments apply to your case and how they fit into your defense strategy.
Florida BUI Penalties: What Is at Stake
A BUI conviction can result in criminal penalties even when no boating accident occurs. Under Florida law, the possible consequences include:
| BUI Offense or Penalty | Potential Consequences |
|---|---|
| First BUI conviction | A fine of $500-$1,000 and up to 6 months in jail. |
| Second BUI conviction | A fine of $1,000-$2,000 and up to 9 months in jail. |
| Third BUI conviction | Within 10 years of a prior conviction: Third-degree felony, punishable by up to 5 years in prison. Outside the applicable 10-year period: Fine of $2,000-$5,000 and up to 12 months in jail. |
| Fourth or subsequent BUI | Third-degree felony, punishable by up to 5 years in prison, with a minimum fine of $2,000. |
| BAC of 0.15 or higher or a minor on board | Enhanced penalties, including a fine of $1,000-$2,000 and up to 9 months in jail for a first conviction. |
| Probation and community service | A first conviction requires probation and at least 50 hours of community service. |
| Substance abuse requirements | Completion of an approved substance abuse course, evaluation, or treatment as required by law. |
| Vessel impoundment or immobilization | A first conviction generally requires a 10-day impoundment or immobilization period, subject to statutory exceptions. |
| Property damage or injury | Property damage or non-serious injury: First-degree misdemeanor. Serious bodily injury: Third-degree felony. |
| BUI manslaughter | Generally a second-degree felony with a mandatory minimum of 4 years in prison. Certain aggravating circumstances can increase the severity of the charge. |
A BUI conviction does not automatically suspend your driver's license. However, prior DUI convictions can count when determining repeat-offender penalties in a BUI case, and certain test refusals may be recorded on your driving record. Our BUI lawyers can review your charges, explain the penalties you're facing, and identify available defense options.
BUI Defense in Fort Walton Beach, Destin and Okaloosa County
Boating under the influence arrests occur throughout Northwest Florida, including Crab Island, Destin Harbor, Choctawhatchee Bay, and Santa Rosa Sound.
Our attorneys defend BUI cases investigated by the Florida Fish and Wildlife Conservation Commission (FWC), the Okaloosa County Sheriff's Office marine unit, and other law enforcement agencies.
We represent clients facing misdemeanor and felony BUI charges in Okaloosa County courts. Whether you live locally or were arrested while visiting Destin or Fort Walton Beach, we review your case, explain the court process, and build a defense based on the evidence.
Why Hire Cobb Law Firm for Your BUI Case?
Cobb Law Firm combines decades of criminal defense experience with local knowledge of Northwest Florida's waterways, boating activity, and marine law enforcement practices. As a Florida criminal defense attorney serving Fort Walton Beach, Destin, and the surrounding communities, our firm examines the charges against you, challenges the prosecution's evidence, and works to protect your rights throughout the legal process.
More Than Three Decades of Florida Criminal Defense
Stephen G. Cobb, BCS, has practiced criminal defense in Florida since 1990.
He has handled more than 10,000 criminal cases, ranging from misdemeanor DUI allegations to first-degree murder cases.
He is a Florida Bar Board Certified Criminal Trial Law Specialist and was most recently recertified in 2023.
Born, raised, and practicing locally. If you are searching for a BUI lawyer in Destin, Fort Walton Beach, or the surrounding area, Cobb Law Firm offers local criminal-defense experience together with extensive courtroom experience.
What Clients Say
Real reviews from people who spoke with Stephen G. Cobb about their case.
“We had a very professional consultation with Mr. Cobb. I appreciated his factual and honest legal opinion, which was exactly what I was looking for. He was also extremely patient and friendly.”
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“I really appreciated Mr. Cobb steering me in the right direction regarding my legal matter. He was very helpful and honest.”
FAQs
Do you need a lawyer for a first-time BUI?
Even a first-time BUI conviction carries criminal penalties, including fines, possible jail time, probation, and community service. Having no prior convictions does not guarantee a reduced charge or dismissal. Our BUI lawyers review the circumstances of your arrest, examine the evidence, and explain your defense options. Contact us for a free consultation before your first court appearance.
Can you get a BUI if the boat is not moving?
Potentially. A boat does not necessarily have to be traveling across the water for its operator to face a BUI allegation. The question is whether the person was operating the vessel under Florida law, which can involve responsibility for its navigation or control.
Can You Get a BUI on a Jet Ski or Rental Boat?
Yes. Florida's boating under the influence laws apply to personal watercraft, including jet skis, as well as pontoons, motorboats, and other qualifying vessels. You can face BUI charges even if you do not own the vessel or were operating it during a vacation.
Is BUI the Same as DUI in Florida?
BUI and DUI are separate offenses under Florida law. BUI involves operating a vessel while impaired, while DUI applies to driving or being in actual physical control of a vehicle. Both offenses generally use a BAC threshold of 0.08, but their enforcement procedures and administrative consequences differ.
Does a BUI Suspend Your Driver's License in Florida?
A BUI conviction does not automatically suspend your driver's license. Unlike a DUI arrest, a BUI arrest does not trigger the same administrative driver's license suspension and 10-day hearing process. However, certain test refusals may be reported on your driving record, and BUI convictions can still carry significant criminal penalties.
What Happens if You Refuse a Breath Test on a Boat in Florida?
Refusing a lawful breath test following a BUI arrest can result in a $500 civil penalty. Certain repeat refusals may also constitute a first-degree misdemeanor. Florida law allows you to request a hearing to challenge the civil penalty, generally within 30 days of receiving the required notice.
Can a Florida BUI Charge Be Reduced or Dismissed?
Potentially, depending on the evidence and circumstances of the case. Issues involving unlawful vessel stops, unreliable sobriety exercises, chemical testing, or insufficient proof of operation may affect the prosecution's case. A BUI defense attorney can evaluate whether there are grounds to seek dismissal, negotiate a reduction, or challenge the charges at trial.
How Much Does a BUI Lawyer Cost in Florida?
We offer a free consultation to discuss your BUI charges, review the circumstances of your case, and explain our legal fees. You'll have the opportunity to ask questions about representation and understand your options before deciding how to proceed.
Talk to a Florida BUI Lawyer: Free Consultation
A BUI attorney at Cobb Law Firm can review the circumstances of your arrest, explain the charges, and help you understand what to expect as your case moves forward. We represent individuals facing misdemeanor and felony BUI charges throughout Fort Walton Beach, Destin, Okaloosa County, and surrounding Northwest Florida communities.
Get a Free Consultation