BUI Lawyer in Melbourne, FL

What Florida Statute 327.35 Actually Says

Under Florida Statute 327.35, it’s a crime to operate a vessel in Florida while impaired by alcohol or a controlled substance, or with a blood- or breath-alcohol concentration of 0.08 or higher. One point worth clarifying: drinking on a boat isn’t illegal in Florida. The offense is impairment, or reaching that BAC threshold, while operating the vessel.

Florida defines “operating” broadly. Being in charge of, in command of, or in actual physical control of a vessel qualifies, and courts have applied that definition to vessels that were anchored or docked. That wide scope matters when building a defense.

BUI Penalties in Florida

Penalties increase sharply with aggravating factors and repeat offenses:

• First conviction: $500–$1,000 fine, up to six months in jail, up to one year of probation, and 50 hours of community service
• Enhanced first conviction: Higher fines and jail exposure when the operator’s BAC was 0.15 or above, or a person under 18 was aboard
• Third conviction within 10 years, or any fourth conviction: A third-degree felony carrying up to five years in prison and a minimum $2,000 fine
• BUI manslaughter: A second-degree felony, which can be elevated to first-degree under certain aggravating circumstances, including leaving the scene without rendering aid
• Refusing a lawfully requested chemical test: Carries its own administrative penalties under Florida law

How BUI Investigations Unfold on Brevard County Waters

The Brevard County Sheriff’s Office Marine Unit and the Florida Fish and Wildlife Conservation Commission both patrol local waterways, including the Indian River Lagoon, Banana River, and waters near Sebastian Inlet. Officers can board a vessel to conduct a safety-equipment inspection without probable cause, and anything observed during that inspection can legally form the basis of a BUI investigation.

Florida’s implied consent law for vessels, found at F.S. 327.352, requires a person lawfully arrested for BUI to submit to a breath, blood, or urine test. Refusal triggers administrative penalties separate from the criminal charge. When the stop occurs in federal or offshore waters, U.S. Coast Guard jurisdiction can apply, and federal BUI law governs rather than state statute.

Common Defense Strategies in BUI Cases

Every BUI case turns on its specific facts, but several defense approaches arise regularly:

• Challenging the “operating” element: The prosecution must prove who was in command or control of the vessel at the time of the stop. That isn’t always straightforward, particularly when multiple people were aboard.
• Questioning field sobriety exercises: Field sobriety exercises adapted for use on a boat are performed on an unstable, moving surface. The conditions differ substantially from standardized roadside testing on land, which affects their reliability as evidence of impairment.
• Contesting chemical test results: Breath and blood test results can be challenged on grounds including device calibration, the timing of the test relative to the stop, and chain-of-custody handling of the sample.