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Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

Florida's laws against boating while impaired by alcohol or other drugs are as strict as those for driving a vehicle while impaired. Florida law prohibits anyone from boating under the influence (BUI). That is, it is illegal to operate any vessel or to manipulate any water skis, sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, a controlled substance, or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol contributes to about one-third of all fatal boating accidents. Read more about the risks of consuming alcohol in Chapter 5.

Florida law states that a person is considered to be "under the influence" if he or she has a blood alcohol concentration of 0.08 or higher, or is under the influence of alcohol and/or drugs to a degree which impairs his or her normal abilities. A blood alcohol concentration of 0.05 to 0.08 also may indicate a person is "under the influence" if accompanied by other competent evidence.

Florida law establishes the following penalties.

• Those convicted of operating under the influence of alcohol or drugs will:
  • Be fined up to $500 and imprisoned for up to 6 months for a first conviction.
  • Be fined up to $1,000 and imprisoned for up to 9 months for a second conviction.
  • Be fined up to $2,500 and imprisoned for up to one year for a third conviction.
• If involved in a boating accident causing property damage, injury, or death while boating under the influence, the operator has committed a felony.
• By operating any vessel on Florida waters, you have consented to be tested for the presence of alcohol, drugs, or other intoxicating substances if requested by a peace officer. Refusal to submit to testing is punishable by a civil penalty of $500 and is also a crime if you have ever been fined for a previous refusal.

Florida law has special provisions for operators under 21 years of age.

• It is unlawful for a person under 21 years of age who has any measurable blood alcohol concentration (0.02 or higher) to operate a vessel.
• If convicted, those under 21 years of age will be required to complete 50 hours of public service, attend and successfully complete an approved boater education course (even if one has been completed previously), and will lose his or her operating privilege until the public service is completed.
• A person under 21 years of age who refuses to submit to a breath test after a warning will be subject to performing 50 hours of public service and may not operate a vessel until the public service is completed.

.02 Law
Florida takes a strong stand against underage drinking while operating a vessel. Commonly referred to as the ".02 Law," those boaters under 21 years of age who are found with a measurable breath alcohol level of 0.02 or higher are subject to receiving a citation with minimum mandatory sentencing. If a person under 21 is above a 0.08 breath alcohol concentration, he or she also can be charged with BUI.

Tough Penalties!
Any person who is convicted of BUI can be fined up to $5,000 and be sentenced to one year in jail if he or she had a blood alcohol or breath alcohol concentration of 0.20 or higher or was accompanied in the vessel by a person under 18 years of age at the time of the offense.

$250 Reward!
There is a $250 reward for information leading to a BUI arrest. Call "#FWC" from a mobile phone or 1-888-404-FWCC (3922).

Areas of Impairment Due to Blood Alcohol Concentration (BAC)

The best thing you can do for your safety and the safety of your passengers and other boaters is simple—Don't drink and boat!

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