Boating Under the Influence (BUI) on Clearwater’s Waters
With easy access to the Gulf of Mexico, Clearwater is a prime destination for boating and water recreation. While fun times are often had, being on the water comes with a serious legal risk that many boaters overlook, and that is Boating Under the Influence (BUI).
Just like driving a car after drinking, operating a boat while impaired by alcohol or drugs can lead to arrest, criminal charges, and lasting consequences. If you do find yourself facing a BUI charge, a skilled Clearwater criminal lawyer can protect your rights and your future.
Where Arrests Can Happen
Florida law prohibits operating a vessel while under the influence of alcohol or controlled substances. A person is considered impaired if their normal faculties are affected, or if their blood alcohol concentration (BAC) is 0.08% or higher. This is the same threshold that applies to drivers on the road.
It doesn’t matter if you’re on a small fishing boat, a jet ski, or a luxury yacht. If you’re in control of the vessel, you can face BUI charges if you are found to be impaired. Many boaters assume the rules are more relaxed on the water than on the road. The reality is the opposite.
Law enforcement agencies, such as the Clearwater Police Department, Pinellas County Sheriff’s Office, and the Florida Fish and Wildlife Conservation Commission (FWC), actively patrol Clearwater Harbor, the Intracoastal Waterway, and nearby Gulf waters. These agencies have broad authority to stop vessels for safety checks, such as confirming life jackets and fire extinguishers are onboard. If officers suspect alcohol use during a routine stop, they can investigate further, conduct sobriety tests, and, if necessary, make an arrest.
Staying Safe on the Water
Just like driving, the safest choice is not to operate a boat if you’ve been drinking. Designating a sober operator ensures everyone enjoys Clearwater’s waters without legal or safety risks.
The consequences of a BUI conviction in Florida are serious and can include:
- Fines and jail time. Even a first offense can bring fines up to $1,000 and up to six months in jail. Penalties increase with repeat offenses or if an accident causes injury.
- Probation and community service. Courts often impose supervised probation and mandatory community service hours.
- Mandatory substance abuse programs. Offenders may be ordered to complete treatment or educational courses.
- Impact on boating and driving privileges. While BUI does not automatically suspend your driver’s license, a conviction can still affect your ability to enjoy Florida’s waters and may carry long-term criminal record consequences.
It’s essential to speak with a Clearwater criminal lawyer right away following a BUI arrest. These cases often involve questions about how evidence was gathered. An attorney can assess whether sobriety tests were conducted properly on the water or if the conditions made balance and coordination difficult.
What questions do you have following an intoxicated boating incident? The legal team at King Law Group is available to evaluate the facts, challenge weak evidence, and negotiate for a dismissal of the charges. Schedule a confidential consultation today.