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An Orlando Boating Accident Attorney’s Guide to Boating Under the Influence (BUI) Penalties

Orlando personal injury lawyer James O. Cunningham has seen and assisted a lot of Florida boating accident victims over the nearly four decades since he began practicing law. Sadly, many of these accidents were caused by negligent boaters who operated their vessels while under the influence of alcohol. Florida has more than 11,000 square miles of waterways. In 2011, there were at least 25 confirmed cases of accidents caused by boating under the influence of alcohol or BUI. These accidents resulted in dozens of injuries that required trips to the emergency room. In order to raise awareness about the risks of BUI and help make Florida waterways safer for the upcoming busy summer boating season, Mr. Cunningham has compiled a list of criminal penalties for boaters who drink while operating their vessels.

Officers with the Florida Fish and Wildlife Conservation Commission can stop any boat at any time whether they suspect that a boater is under the influence or not. Like drunk drivers, boaters can be convicted of BUI if they have a blood alcohol concentration (BAC) of 0.08 or higher. A boater facing a BUI charge must submit to a blood, breath or urine test. If they refuse, this results in an automatic $500 fine. If the officer suspects that a boater is intoxicated, he or she can administer a series of field sobriety exercises. If the boater fails any of these tests, he or she can be arrested. If convicted of BUI, the criminal penalties include the following:

  • First offense
    Maximum of 6 months in jail and fines of $500-$1,000 plus court costs
  • Second offense
    Maximum of 9 months in jail and fines of $1,000-$2,000 plus court costs
  • Third offense within ten years of a prior conviction
    Results in a 3rd degree felony with a maximum 5 years in prison and a maximum fine of $5,000 plus court costs
  • Third offense outside ten years of a prior conviction
    Results in a 3rd degree felony with a maximum 12 months in jail and a fine of $2,000 -$5,000 plus court costs
  • Fourth offense
    Results in a 3rd degree felony with a maximum 5 years in prison and a minimum fine of $2,000 plus court costs

Boating accidents which result in injury or death and BUI conviction of boaters with a BAC of 0.20 or higher come with much tougher criminal penalties and steeper fines.

Boating while under the influence is profoundly reckless and negligent, and boaters who cause boating accidents that kill and injure other boaters can be held liable for damages. If you or a close member of your family has been injured in a boating accident caused by a drunken boater and you would like to speak with an Orlando boating accident lawyer to learn more about your legal options, call Mr. Cunningham today at 888-425-2004. Be extra careful out there, and have a safe and fun boating season this summer!

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373