A passion for boating and appreciation for Florida's vast waterways often begin early in life. For Floridians, this beloved tradition offers countless chances to unwind and discover the scenic beauty of the state’s extensive coastlines, estuaries, swamps, and springs. While this pastime offers enjoyment, it also carries important responsibilities and legal duties. It's widely understood that some individuals struggle to manage themselves on the water, especially under the sun, with a drink in hand.
Boating under the influence is a grave offense in Florida, posing risks not only to people but also to the wildlife and marine environment. To combat this, authorities enforce strict penalties for BUI violations. If you or a loved one has been injured in a boating accident, you need an experienced attorney to hold those accountable for your damages and to receive the compensation that you deserve. Contact Mase Seitz Briggs to discuss your legal options.
BUI in Florida
With one of the highest numbers of registered recreational boats, Florida is a hub for boating enthusiasts. Sadly, this also translates to a leading number of boating accidents and deaths. Alcohol use and boating under the influence are the most common causes behind these tragic incidents, leading to countless injuries and fatalities on the water.
Alcohol can significantly impair your ability to operate a boat safely, and it is illegal to boat with a BAC of 0.08% or higher, just as if you were driving a vehicle. You could be facing severe, far-reaching penalties if you are accused of boating while under the influence or if you have injured anyone while BUI.
5 Key Facts about BUI:
- Legal BAC is 0.08%: Just as if you are operating a vehicle with a BAC of 0.08% or higher, it is illegal to operate a boat. Also, if your BAC shows as 0.05% or higher and you have demonstrated an inability to operate the vessel, you could still face charges safely.
- BUI is a criminal offense with severe penalties: Penalties for BUI in Florida are generally a misdemeanor unless you cause serious harm or fatal injury to someone. Your first conviction of a BUI can be punishable by up to 6 months in jail, a $1,000 fine, and 50 hours of community service. Plus, your boat is impounded for 10 days.
- Zero tolerance for underage operators: There is zero tolerance for minors who are operating a boat in Florida’s waterways with a BAC of 0.02% or higher. They will face penalties such as a boating safety course, 50 hours of community service, or worse.
- Impact on Judgement and Safety: Boating under the influence significantly impairs judgment, reaction time, and coordination, making it extremely dangerous for the operator and those around them. Florida FWC reports that alcohol is a major factor when it comes to fatalities in boating accidents, and around 23% of all boating fatalities involve drugs or alcohol as a primary cause.
- Repeat offenders: BUI repeat offenders can face increasing penalties such as extended jail time, felony charges, thousands of dollars worth of fines, and an impounded boat.
Operating a boat under the influence is incredibly dangerous for you, your passengers, other boaters, and even the local wildlife. Drinking affects your judgment, slows your reaction times and throws off your coordination - all the things that you need to operate a boat safely. And if you think refusing a breathalyzer gets you out of trouble, think again. Florida authorities treat such refusals as a violation of implied consent laws, which can result in added penalties, including hefty fines and potential license suspensions.
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When alcohol is involved, a day on the water can quickly turn tragic. If you’ve been hurt in a boating accident, seeking compensation for your damages will require filing a civil lawsuit, as criminal cases don’t provide financial compensation to victims. Too often, one person’s negligence can lead to the suffering of others. If you’ve been injured by a boater who was operating under the influence, don’t hesitate to protect your rights. Contact Mase Seitz Briggs immediately to have experienced representation for your claim.