MARIO GUNDE PETERS & KELLEY

– Attorneys and Counselors at Law –

Florida BUI Lawyer

Protecting Your Rights on the Water

Florida’s Space Coast is a boater’s paradise. From the Indian River Lagoon to the Atlantic, the sun and water are central to our way of life. However, Florida law enforcement, including the FWC and Brevard County Sheriff’s Office, actively patrols our waterways for Boating Under the Influence (BUI).

If you’ve been arrested for BUI, you are facing more than just a ticket. You are facing a criminal record, heavy fines, and the possibility of jail time. At Mario Gunde Peters & Kelley, our experienced Florida Space Coast BUI defense attorneys can help defend against alcohol-related charges. We understand the unique complexities of maritime law and are here to fight for your future.

Florida boater under Influence

Why Choose the Legal Eagles for Your BUI Defense?

When you are facing the Brevard County court system, experience matters. Our firm offers:

  • 24/7 Availability: Speak with an attorney whenever you need us.
  • Local Knowledge: We know the local judges, prosecutors, and the specific tactics used by the FWC in Brevard County. We are also experienced DUI lawyers in addition to BUI case experts.
  • Aggressive Advocacy: We scrutinize every detail of your arrest, from the legality of the initial stop to the maintenance of the breathalyzer equipment.
  • Transparent Fees: We offer pay-as-you-go plans and clear, upfront pricin.

Facing a BUI in Brevard County? Don’t Let a Day on the Water Ruin Your Future.

Attorneys Available by Phone 24/7
Call 321-631-0506

Florida FWC Patrol Boat

Understanding Florida BUI Laws

In Florida, it is illegal to operate a vessel while under the influence of alcohol or drugs to the extent that your “normal faculties” are impaired.

  • The Legal Limit: Just like driving a car, the legal blood-alcohol concentration (BAC) limit for boating is .08%.

  • Impairment Standard: You can be arrested even if your BAC is below .08% if an officer believes your normal faculties (judgment, sight, hearing, or balance) are impaired.

  • Under 21: Florida has a zero-tolerance policy for minors. If you are under 21 and have a BAC of .02% or higher, you face immediate penalties.

How BUI Differs from DUI

While the penalties are similar, BUIs differ from DUI cases. They involve different legal standards that a skilled lawyer can use to your advantage:

  1. Reasonable Suspicion vs. Safety Checks: Unlike on the road, where police need a reason to pull you over, marine officers can stop your boat for a “random safety inspection.”

  2. Driver’s License Impact: A BUI conviction in Florida does not automatically result in the suspension of your driver’s license. However, it does create a criminal record that will enhance penalties for any future DUI case or BUI.

  3. Field Sobriety Tests: Traditional roadside tests (like walking a straight line) are often impossible on a moving boat. Officers may use “Seated Sobriety Tests,” which are notoriously unreliable and frequently challenged in court.

The Penalties for a BUI Conviction

Florida enforces strict penalties for BUI to ensure safety on our crowded waterways.

First-Time BUI Offense:

  • Fines between $500 and $1,000.
  • Up to 6 months in jail.
  • Mandatory probation (usually up to 1 year).
  • Minimum 50 hours of community service.
  • Vessel impoundment for 10 days.


Enhanced Penalties:
 If your BAC was .15% or higher, or if there was a minor on board, the fines double and jail time increases to a maximum of 9 months. If the BUI resulted in an accident involving property damage or personal injury, you could be facing felony charges.

A BUI arrest doesn’t have to result in a conviction, but you must act quickly.

Attorneys Available by Phone 24/7
Call 321-631-0506