Florida has increased the penalties for Boating Under the Influence (BUI). Here’s what boaters and others on Sunshine State waterways need to know before heading out.
Key Takeaways:
- Florida now treats BUIs more like DUIs, especially for repeat offenses and those involved in boating accidents.
- Lucy’s Law introduces harsher penalties for hit-and-run incidents and reckless boating.
- Trenton’s Law adds jail time and felony-level consequences for refusing breath or urine tests.
Boating is a way of life in Florida, from the Keys to the Panhandle. A few drinks on the water can now carry the same consequences as driving drunk on land. Two major laws passed in 2025, Lucy’s Law and Trenton’s Law, make BUI Florida penalties significantly harsher.
Keep reading to learn precisely what these laws mean, how they affect boaters in Florida, and where you can find more information about staying safe and compliant on the water this season.
This informational blog is not to be used as legal advice. Always consult a qualified DUI attorney to assist with any legal questions you may have. If you have immediate questions about a DUI or need an ignition interlock device, call a DUI.org specialist at (877) 246-7808.
How Much Alcohol Can You Drink While Operating a Boat in Florida?
Florida law treats operating a boat with the same seriousness as driving a motor vehicle. Law enforcement can stop vessels for safety checks and administer sobriety or chemical tests if they suspect the operator is impaired.
Florida Statute §327.35 defines Boating Under the Influence in the following two ways:
- Operating a vessel while your normal faculties are impaired by alcohol or drugs.
- Operating with a blood or breath alcohol concentration of 0.08% or higher, which is the Florida BUI Blood Alcohol Content limit.
If you plan to captain the boat, skip the alcohol. Environmental factors, such as heat, wind, sun glare, and water motion can intensify the effects of alcohol, slow a boat operator's reflexes, and increase the risk of an accident.
Furthermore, a BUI arrest in Florida can have serious consequences. In some cases, a conviction can affect both your boating privileges and your driver’s license.
Lucy’s Law: Bringing BUI Florida Penalties in Line with DUI Penalties
Florida now penalizes boating accidents involving alcohol just as harshly as DUIs on land. In July 2025, Lucy’s Law took effect statewide. This new legislation was named in honor of a Florida teen who was killed in a hit-and-run boating accident. The law closes several gaps between DUIs and Florida BUIs.
Felony Charges for Fleeing an Accident
Under Lucy’s Law, if you cause a boating accident and flee the scene, especially while intoxicated, you may now face a felony charge. This brings BUI-related hit-and-run incidents in line with Florida’s traffic laws and increases the jail time significantly. Failing to render aid or report an accident can result in 15 years in prison if the accident involves serious injury and 30 years in case of death.
Stricter Minimum Sentences and Fines
Lucy’s Law expands the penalties of reckless or careless operations of a vessel and stresses the importance of boating safety education. It also introduces new violations and associated penalties:
- Minimum $500 fine. Fines may be more dependent on the case.
- Minimum jail time of 4 years for the death of another person or unborn child willfully. This is called vessel homicide.
- Property damage is a second-degree misdemeanor punishable by up to 60 days in jail.
- Injury to a person is a third-degree felony.
- Serious injury is a second-degree felony.
- False reporting is a second-degree misdemeanor.
- Improve online boating safety education courses to meet the standards set by National Association of State Boating Law Administrators.
For a full breakdown, see Florida’s Boating Under the Influence Laws and Penalties.
If you're already facing a BUI or DUI conviction in Florida, call DUI.org at (877) 246-7808 to get a list of state-approved service centers who can install an Intoxalock ignition interlock device.
Trenton’s Law: Changes to Repeat DUI and Florida BUI Offenses
Another bill increases penalties for manslaughter via BUI or DUI and vice versa. Trenton's Law, effective October 2025, directly targets drivers with repeat DUI and BUI convictions. Named after a Florida teen who lost his life in a DUI accident, the law increases both penalties and jail time for repeat offenses.
This bill brings together prior manslaughter convictions for either a Florida BUI or a DUI. With a prior conviction of manslaughter via either BUI or DUI, a second offense is now a first-degree felony that carries jail time of up to 30 years.
If you have a prior manslaughter offense, you may now face longer probation, mandatory jail time, and steeper fines.
If you refuse a chemical test the first time after a prior conviction, that is now a misdemeanor of the second degree. If you refuse another time or if your driving privileges have been previously suspended, that escalates to a misdemeanor of the first degree.
Higher Maximum Sentence
Trenton’s Law raises the maximum sentence for Florida BUI manslaughter and other serious injury cases from 15 to 30 years. Judges can now impose harsher sentences when a boater’s actions show disregard for human life.
These changes mark a shift toward consistency between DUI and BUI outcomes. DUI.org’s overview of BUI laws explains how these laws interact with existing statutes and what drivers with multiple convictions can expect.
If you already have a DUI on your record and are now facing a BUI in Florida, speak with a DUI.org specialist at (877) 246-7808 if you need to install an ignition interlock device from our partner, Intoxalock, the most-installed IID in the U.S.
Why Florida Is Cracking Down on Boating Under the Influence
According to the U.S. Coast Guard, alcohol use remains a leading factor in deadly boating accidents nationwide. In Florida, that reality hits even harder given the state’s year-round boating culture. With more boaters, higher traffic, and faster vessels, lawmakers in Florida are making BUI enforcement more consistent and more of a deterrent.
Protect Yourself by Understanding Florida’s New BUI and DUI Laws
There’s a lot more at stake now if you drink and operate a boat in Florida. Stricter sentencing, new felony classifications, and higher fines make it important to understand your rights and obligations before heading out on the water.
Florida’s new laws reflect a broader trend: treating boating and driving under the influence with equal seriousness. For a deeper look at national trends, visit Boating While Intoxicated Is Illegal in All 50 States. You can also explore Can You Get a DUI on an ATV, Boat, or Snowmobile? to understand how the law applies to other recreational vehicles.
If you’re dealing with a BUI charge in Florida, DUI.org can help you find reliable information and connect you with state resources to move forward confidently. Call (877) 246-7808 to speak with a specialist today.
FAQs: Florida Boating Under the Influence
Can you get a DUI on a boat?
Yes, you can get a DUI on a boat. In Florida, it's called a BUI (Boating Under the Influence), and it carries many of the same penalties as a land-based DUI.
How does alcohol affect a boater?
Drinking while operating a boat is just as serious as drinking and driving on land. Alcohol impairs balance, reaction time, and judgment. The sun, wind, and engine vibration can make these effects worse on the water.
Do you lose your driver’s license for a BUI?
Yes, in some cases you can lose your driver's license for a BUI in Florida. The state can suspend your driver's license for a BUI conviction, especially if you refuse a test or have prior offenses.
Can you get a BUI on a kayak?
Technically, yes, you can get a BUI on a kayak, though it's less common. The law covers all “vessels,” and enforcement depends on behavior and location.
Is a BUI a felony?
In some instances, a BUI can escalate to a felony. A BUI becomes a felony if it involves serious injury, death, or repeat offenses.
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