Manatee County Boating Under the Influence (BUI) Lawyer
Boating under the influence is a crime in Florida with penalties close to those for DUI: a first conviction carries a fine of $500 to $1,000 and up to 6 months in jail. A BUI arrest on the Manatee River, Anna Maria Sound, Palma Sola Bay or Sarasota Bay is prosecuted at the Manatee County Judicial Center in Bradenton. A BUI conviction also counts as a prior if you are ever charged with DUI.
Daniel D. Nawara is a former Assistant State Attorney in the Twelfth Judicial Circuit, which includes Manatee County. Call or text (941) 920-5514, 24/7, or request a free consultation.
What counts as BUI
Under section 327.35, the State must prove you were operating a vessel and either had a breath or blood alcohol level of 0.08 or higher, or were under the influence of alcohol or a controlled substance to the extent your normal faculties were impaired. Operating means being in charge of, in command of or in actual physical control of the vessel, including steering it. The statute covers any vessel, including personal watercraft and boats under sail.
Drinking on a boat is legal for passengers and, below the limit, for the operator. The offense is operating while impaired or at 0.08 or higher.
Who makes BUI arrests in Manatee County
Florida Fish and Wildlife Conservation Commission (FWC). Patrols state waters and makes many of the BUI arrests on the Gulf coast.
Manatee County Sheriff's Office Marine Unit. Patrols the Manatee River, the bays and the Intracoastal Waterway.
City marine patrols. Bradenton, Holmes Beach and Bradenton Beach police work the waters inside or next to their cities.
U.S. Coast Guard. Can board vessels and hand an impaired-operator case to state officers.
Arrests cluster on holiday weekends and around busy areas such as the sandbars near Longboat Pass, the Anna Maria Island bridges and the public ramps at Kingfish and Coquina.
Vessel stops after July 1, 2025
The Boater Freedom Act (SB 1388, 2025) changed when an officer may stop a boat. An officer may no longer stop or board a vessel for the sole purpose of a safety or marine sanitation equipment inspection, and needs probable cause of a violation to make a vessel stop. In a BUI case, the first question is now why the officer stopped or boarded the boat. If the stop was unlawful, the evidence that followed can be challenged.
Penalties
First BUI. Fine of $500 to $1,000, up to 6 months in jail, probation, at least 50 hours of community service and a substance abuse course.
First BUI at 0.15 or higher, or with a minor aboard. Fine of $1,000 to $2,000 and up to 9 months in jail.
Second BUI. Fine of $1,000 to $2,000 and up to 9 months in jail. If within 5 years of a prior conviction, at least 10 days in jail.
Third BUI within 10 years. Third-degree felony, up to 5 years in prison.
BUI with serious bodily injury. Third-degree felony.
BUI manslaughter. Second-degree felony, up to 15 years in prison. With a qualifying prior conviction it is a first-degree felony for offenses on or after October 1, 2025.
A BUI conviction does not by itself suspend your driver license. Prior DUI convictions count as prior BUI convictions, and the reverse.
Breath tests and refusal on the water
Field sobriety exercises on a boat or a dock are different from roadside exercises. Officers often use seated tests, and sun, heat, dehydration and hours of wave motion can all affect balance and appearance. After an arrest, the breath test is given on shore on an Intoxilyzer 8000.
Refusing a lawful breath or urine test after a BUI arrest carries a $500 civil penalty, and failing to pay it can block you from operating a vessel. A refusal by someone with a prior refusal is a misdemeanor.
What a defense examines
Why the vessel was stopped or boarded, and whether that was lawful under the 2025 law.
Who was actually operating the boat. With several people aboard, this is often in dispute.
Whether the exercises were suited to someone who had just been on the water.
The time between the stop and the breath test, and the instrument's records.
Body-camera video from the boat, the dock and the testing room.
Frequently asked questions
Is BUI the same as DUI in Florida?
They are separate statutes with the same 0.08 limit and similar penalties. A BUI conviction counts as a prior DUI, and a prior DUI counts against you in a BUI case.
Will a BUI suspend my driver license?
Not by itself. A BUI conviction does not carry a driver license revocation.
Can I drink on my boat in Florida?
Yes. It is illegal to operate the vessel while impaired or at 0.08 or higher.
Can officers stop my boat for a safety check?
Since July 1, 2025, not for a safety inspection alone. The officer needs probable cause of a violation.
Can I get a BUI on a jet ski or at anchor?
A personal watercraft is a vessel. Whether someone at anchor was operating depends on the facts, including whether they were in actual physical control.
Where is a Manatee County BUI heard?
At the Manatee County Judicial Center, 1051 Manatee Avenue West, Bradenton, even when the arrest was off Anna Maria Island or Longboat Key's Manatee side.
Speak with a BUI lawyer serving Manatee County
Call or text (941) 920-5514, available 24/7, or request a free consultation. Bring your citation, bond paperwork and any court notices. The fee is flat and payment plans are available. See also boating under the influence in Florida and, for Sarasota County, Sarasota BUI.
Reviewed by Daniel D. Nawara, Florida Bar No. 123626. Updated October 2026. General information only, not legal advice. No outcome is guaranteed. Contacting the firm does not by itself create an attorney-client relationship.
Sources: Fla. Stat. § 327.35, § 327.352, § 327.35215, § 327.359, § 316.193; SB 1388 (2025), Boater Freedom Act; Ch. 2025-121 (HB 687).