Sarasota Boating Under the Influence (BUI) Lawyer
Sarasota Bay, Little Sarasota Bay, the Intracoastal Waterway, Roberts Bay and the Gulf beaches all draw heavy boat traffic, especially on weekends, holidays and sandbar days. Florida treats operating a vessel while impaired as a crime under section 327.35, Florida Statutes. The penalties closely track DUI law, but the testing rules and license effects are different. Former prosecutor Daniel D. Nawara represents people charged with BUI in Sarasota and Manatee counties.
What the State must prove
Under section 327.35(1), a person commits BUI if the person is operating a vessel within Florida and either:
Is under the influence of alcohol, certain chemical substances or controlled substances, to the extent that normal faculties are impaired; or
Has a blood-alcohol level of 0.08 or more grams per 100 milliliters of blood, or a breath-alcohol level of 0.08 or more grams per 210 liters of breath.
"Operate" is defined broadly in section 327.02. It means being in charge of, in command of, or in actual physical control of a vessel on Florida waters. It also includes exercising control over or having responsibility for a vessel's navigation or safety while it is underway, and steering a vessel being towed. When several adults are aboard, who was operating is often a real dispute.
Who enforces boating laws on Sarasota waters?
Section 327.70 authorizes several agencies to enforce chapter 327: the Florida Fish and Wildlife Conservation Commission (FWC) Division of Law Enforcement, county sheriffs and their deputies, municipal police officers and other sworn officers. Locally, that includes:
FWC officers.
The Sarasota County Sheriff's Office Marine Unit.
The Sarasota Police Department Marine Patrol Unit, within city waters.
The Longboat Key Police Department marine unit, around Longboat Key.
Other municipal agencies, in their own jurisdictions.
On-water stops often begin as safety-equipment or boater-education checks. Florida law requires anyone born on or after January 1, 1988, operating a vessel with a 10-horsepower or greater motor, to carry a boating safety identification card or other qualifying document (s. 327.395). The legal basis for the stop and anything that followed it is part of any defense review.
Penalties for a BUI conviction
Section 327.35 sets penalties parallel to DUI:
First conviction: a fine of $500 to $1,000 and up to 6 months in jail.
Second conviction: a fine of $1,000 to $2,000 and up to 9 months in jail.
0.15 or higher, or a passenger under 18 aboard: a fine of $1,000 to $2,000 and up to 9 months for a first conviction, and $2,000 to $4,000 and up to 12 months for a second (s. 327.35(4)).
Third conviction within 10 years, or a fourth or later conviction: a third-degree felony.
BUI causing property damage or injury: a first-degree misdemeanor. BUI causing serious bodily injury: a third-degree felony. BUI manslaughter: a second-degree felony, or first-degree in specified circumstances, with a 4-year mandatory minimum.
A first conviction also requires monthly reporting probation of up to 1 year, a substance abuse course, at least 50 hours of community service, and impoundment or immobilization of the vessel (or one vehicle registered to the defendant) for 10 days, unless an exception applies (s. 327.35(5)–(6)).
Prior DUI convictions count. Section 327.35(6) states that any conviction under the DUI statute, section 316.193, and similar out-of-state impaired-driving convictions are considered previous convictions for BUI purposes.
A person arrested for BUI may not be released until they are no longer impaired, their breath or blood level is below 0.05, or 8 hours have passed since arrest (s. 327.35(8)).
Breath-test refusal on the water works differently
Under Florida's vessel implied consent law, section 327.352, a person lawfully arrested for BUI is deemed to have consented to an approved breath test. In some circumstances, the law also covers urine or blood tests. The consequences of refusal differ from the driver license process after a DUI:
A first refusal carries a $500 civil penalty (s. 327.35215). The person may request a hearing before a county court judge within 30 days. Operating a vessel on Florida waters with the penalty unpaid, and without requesting a hearing, after 30 days is a first-degree misdemeanor.
A refusal by someone previously fined for a BUI refusal, or whose driver license was previously suspended for a refusal, is a first-degree misdemeanor (s. 327.359).
The refusal is admissible in a criminal proceeding (s. 327.352).
Breath testing for BUI uses the same FDLE methods as DUI. Those include two samples within 15 minutes, results within 0.020 g/210L, and a 20-minute observation period (Fla. Admin. Code ch. 11D-8).
Defense issues specific to boating cases
Sea legs and sobriety exercises. Standard roadside exercises were designed for land. After hours on a moving boat in sun, wind and heat, balance and coordination can be affected. Where and how any exercises were given matters.
Operation. Who was at the helm, whether the boat was underway, and what witnesses and video show.
The stop. Whether a safety inspection turned into a criminal investigation, and on what basis.
Timing and transport. Testing usually happens on shore, sometimes long after the boat was stopped.
Test reliability. Instrument records, operator permits and the observation period.
Where the case is heard
A BUI case is heard in the county where the incident happened. An incident on Sarasota County waters is a Sarasota County case, and an incident on Manatee County waters is a Manatee County case. This matters on waters that border both counties, such as Sarasota Bay and the waters around Longboat Key. Most BUI charges are misdemeanors heard in county court; felony BUI charges are heard in circuit court. Your court notice shows the courthouse. See the Sarasota criminal court guide and Manatee court guide.
Licensed captains: Coast Guard credentials
A BUI does not affect your Florida driver's license, but it is a separate concern for anyone holding a U.S. Coast Guard merchant mariner credential (MMC), including a six-pack (OUPV) or master license. The Coast Guard may review an applicant's criminal record when a credential is issued or renewed, and applicants must disclose prior convictions (46 C.F.R. 10.211). The Coast Guard can also bring a separate administrative proceeding to suspend or revoke a credential (46 U.S.C. 7703; 46 C.F.R. Part 5). Federal rules also set a 0.04 alcohol standard for operating a vessel other than a recreational vessel (33 C.F.R. 95.020). How any of this applies depends on the facts, including whether you were working when the incident happened. If you hold a credential, say so at the first consultation, because how the criminal case is resolved may matter for the credential too.
Frequently asked questions
Does a BUI suspend my driver's license?
No. A BUI arrest does not lead to a Florida driver's license suspension by the Department of Highway Safety and Motor Vehicles (FLHSMV). Section 327.35 has no automatic license revocation like the one section 322.28 imposes for a DUI conviction, and the on-the-water refusal penalty is a civil fine, not a license suspension. A BUI is still a criminal conviction, and a prior BUI or refusal history can affect later DUI or BUI cases.
Can I refuse a breath test on a boat?
A first refusal after a lawful BUI arrest carries a $500 civil penalty. A refusal after a prior refusal fine or license suspension is a first-degree misdemeanor. The refusal can also be used as evidence.
Can I be charged if I was anchored at a sandbar?
"Operate" includes being in actual physical control of a vessel, and it is defined broadly. Whether the facts meet that definition is case-specific.
Do prior DUIs make a BUI worse?
Yes. Section 327.35 treats DUI convictions as previous convictions for BUI sentencing purposes.
Is BUI eligible for diversion?
Diversion depends on the program, the facts and the prosecutor. Ask about pretrial options and how they compare with other resolutions. See pretrial diversion.
Talk with a Sarasota BUI lawyer
Call (941) 920-5514 or request a free consultation. Bring the citation or arrest paperwork, any civil penalty notice and your court dates. Related pages: Sarasota DUI, breath test defense, refusal, fees.
Updated October 1, 2026. General information only, not legal advice. Penalties depend on the facts and the law on the offense date. 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, § 327.02, § 327.395, § 327.70; Fla. Admin. Code ch. 11D-8; SPD Marine Patrol Unit; SCSO Special Operations Bureau; Longboat Key PD; 46 C.F.R. 10.211; 46 U.S.C. 7703; 46 C.F.R. Part 5; 33 C.F.R. 95.020.