The Serious Reality of Boating Under the Influence
Getting arrested for Boating Under the Influence (BUI) in Hollywood, Florida, triggers a cascade of legal, financial, and personal consequences that mirror - and sometimes exceed - those of a DUI. With Hollywood's 17 miles of Intracoastal Waterway heavily patrolled and zero tolerance for impaired boating, understanding these consequences could save you from a life-altering mistake.
This comprehensive guide explains what actually happens from the moment of arrest through final resolution. While not legal advice, this information helps boaters understand why Florida treats BUI as seriously as drunk driving - because on the water, the consequences can be even deadlier.
Prevention is Key: Every boat operator needs a Florida Boating Safety Education Card if born after January 1, 1988. The course covers BUI laws and safe boating practices.
Understanding BUI Laws in Hollywood
Legal Definition of BUI
Florida Statute 327.35 defines BUI as:
- Operating a vessel with BAC of 0.08% or higher
- OR being under the influence of alcohol/drugs to the extent normal faculties are impaired
- Applies to ALL vessels (boats, jet skis, kayaks with motors)
- Includes prescription medications that impair
Key Difference from DUI:
- No "keys in ignition" defense - being in control is enough
- Applies while anchored if engine is running
- "Vessel" broadly defined - even small motorized craft
- Federal waters included - Coast Guard can arrest too
Hollywood's Enforcement Approach
Why Hollywood is Strict:
- Heavy tourist boat traffic
- Popular waterfront bars
- Proximity to Port Everglades
- Accidents involving alcohol
- Weekend party atmosphere
Patrol Patterns:
- Intracoastal checkpoints
- Holiday weekend saturation
- Undercover officers at marinas
- Multi-agency task forces
- Cooperation with Coast Guard
The Arrest Process
Initial Contact
What Triggers a Stop:
- Erratic operation
- Navigation light violations
- Speed violations
- Accident involvement
- Safety check (random legal)
- Citizen reports
Officer Observations:
- Odor of alcohol
- Bloodshot eyes
- Slurred speech
- Poor balance
- Admission of drinking
Field Sobriety Tests on Water
Seated Battery of Tests:
- Horizontal gaze nystagmus
- Finger to nose
- Palm pat test
- Hand coordination
- Cognitive questions
Challenges on Water:
- Boat movement affects balance
- Sun/wind impact performance
- No "stable platform" defense
- Nervousness compounds issues
- Refusal has consequences
Breath/Blood Testing
Implied Consent Law:
- Operating = consent to testing
- Refusal = automatic penalties
- Blood test if breath unavailable
- Hospital draw after accidents
- Results take weeks for blood
Testing Locations:
- On patrol boat (portable)
- At dock/marina
- Police station
- Hospital (if injured)
Immediate Consequences
At the Scene
What Happens to You:
- Placed under arrest
- Handcuffed and removed from vessel
- Transported to booking
- Vessel impounded or released to sober party
- Passengers must find alternative transport
What Happens to Your Boat:
- Impounded if no sober operator
- Towing fees ($300-500+)
- Storage fees daily
- Inventory of contents
- Liability for damages
Booking Process
Hollywood Police Station:
- Fingerprinting and photos
- Additional breath test
- Phone call allowed
- Bond determination
- Release conditions set
Typical Timeline:
- Arrest to booking: 1-2 hours
- Processing: 2-4 hours
- Bond hearing: Within 24 hours
- Release: 6-24 hours typically
Criminal Penalties
First Offense BUI
Mandatory Minimums:
- Fine: $500-$1,000
- Jail: Up to 6 months
- Probation: 12 months
- Community service: 50 hours
- Substance abuse course: Required
If BAC β₯ 0.15 or Minor Aboard:
- Fine: $1,000-$2,000
- Jail: Up to 9 months
- Ignition interlock: 6 months
- Enhanced probation terms
Second Offense
Within 5 Years:
- Fine: $1,000-$2,000
- Jail: Minimum 10 days
- License suspension: 5 years
- Ignition interlock: 2 years
After 5 Years:
- Fine: $1,000-$2,000
- Jail: Up to 12 months
- Similar enhanced penalties
Third Offense
Within 10 Years = Felony:
- Prison: Up to 5 years
- Fine: $2,000-$5,000
- License suspension: 10 years
- Permanent record impact
BUI Manslaughter
If Death Results:
- Second-degree felony
- 15 years prison maximum
- $10,000 fine
- Permanent record
- Civil liability
Driver's License Impact
Yes, BUI Affects Your Driver's License
Many people don't realize:
- BUI convictions go on driving record
- Points assessed (some cases)
- Insurance rates increase
- CDL holders face additional consequences
- Interstate compact shares information
Administrative Suspension
Refusing Breath Test:
- 1st refusal: 1-year suspension
- 2nd refusal: 18-month suspension
- Separate from criminal case
- Limited hardship license possible
Failed Breath Test (β₯0.08):
- 6-month suspension typical
- 30-day hard suspension
- Business purposes only after
- Completion of DUI school required
Financial Consequences
Direct Costs
Immediate Expenses:
- Bail/bond: $500-$5,000
- Towing: $300-$500
- Storage: $50-$100/day
- Impound release: $100-$200
Legal Costs:
- Attorney fees: $2,500-$10,000
- Court costs: $500-$1,000
- Fines: $500-$5,000
- Expert witnesses: $500-$2,000
Program Costs:
- DUI school: $300-$500
- Substance evaluation: $100-$300
- Treatment (if ordered): $500-$5,000
- Ignition interlock: $70-$150/month
Indirect Costs
Insurance Impact:
- Auto rates increase 50-200%
- Boat insurance may cancel
- SR-22 requirement ($25-$50/month)
- 3-5 year rate impact
Employment Issues:
- Time off for court
- Professional license impact
- Background check issues
- CDL disqualification
- Security clearance problems
Total First Offense Cost: $10,000-$25,000 typical range
The Legal Process
Arraignment
First Court Appearance:
- Formal charges read
- Enter plea (usually not guilty)
- Attorney appearance
- Discovery requested
- Next date set
Pre-Trial Process
Defense Strategies:
- Challenge stop legality
- Question test accuracy
- Field sobriety reliability
- Maintenance records
- Officer training
Prosecution Evidence:
- Officer testimony
- Video (if available)
- Test results
- Witness statements
- Accident reports
Resolution Options
Plea Bargain Possibilities:
- Reckless boating (rare)
- Reduced penalties
- Withheld adjudication (limited)
- Diversion programs (first offense)
Trial Option:
- Jury or bench trial
- Technical defenses
- Expert testimony
- Constitutional challenges
- Risk vs. reward analysis
Getting Your Florida Boating License
Education is the best prevention. Understanding BUI laws and safe boating practices protects you legally and physically on the water.
Our comprehensive online course covers:
- BUI laws and penalties
- Safe boating practices
- Alcohol's effects on water
- Legal responsibilities
- Risk prevention strategies
- Emergency procedures
Pass the 25-question exam (80% required) and print your temporary certificate immediately. Plus, you get unlimited exam retakes until you pass!
Get Educated and Stay Legal β
Long-Term Impacts
Criminal Record
Permanent Consequences:
- Shows on background checks
- Cannot be expunged (typically)
- Affects employment
- Housing applications
- Professional licenses
- Immigration status
Insurance Ramifications
Auto Insurance:
- SR-22 requirement
- High-risk classification
- 3-5 year impact minimum
- Some companies drop coverage
Boat Insurance:
- May cancel policy
- Difficult to re-insure
- Extreme rate increases
- Limited coverage options
Professional Consequences
Career Impacts:
- CDL drivers lose livelihood
- Healthcare workers face boards
- Teachers risk certification
- Real estate licenses affected
- Security clearances revoked
- Maritime careers ended
BUI vs. DUI Comparison
Similarities
Both Result In:
- Criminal record
- License suspension
- Insurance increases
- Jail possibility
- Heavy fines
- Probation terms
Key Differences
BUI Unique Aspects:
- Broader "operation" definition
- Federal jurisdiction possible
- Marine patrol enforcement
- Different field sobriety tests
- Vessel impoundment issues
- Passenger liability questions
Enhanced Risks on Water:
- No shoulders to pull over
- Swimming requirements
- Weather factors
- Limited communication
- Slower emergency response
- Higher fatality risk
Prevention Strategies
Before You Boat
Plan Ahead:
- Designate operator
- Arrange transportation
- Know limits
- Eat before drinking
- Hydrate extensively
Alternative Options:
- Hire a captain
- Use boat clubs
- Take water taxis
- Anchor responsibly
- Stay at dock
While Boating
Smart Practices:
- Zero alcohol for operator
- Rotate operators
- Monitor consumption
- Stay hydrated
- Avoid "boating bars"
If Drinking While Anchored:
- Engine completely off
- Keys secured away
- Sober operator designated
- Plan for delayed return
- Monitor weather
Real Hollywood Cases
Case Study 1: Tourist Arrest
Scenario: Visitor from Ohio, rented jet ski, two beers at waterfront restaurant Outcome: $15,000 total cost, lost job due to record, couldn't return to Florida for probation
Case Study 2: Local Resident
Scenario: Boat owner, stopped at safety checkpoint, 0.09 BAC Outcome: License suspended, insurance dropped, sold boat to pay legal fees
Case Study 3: Accident Involved
Scenario: Hit dock while docking, minor damage, 0.12 BAC Result: Felony property damage charge added, 18 months probation, restitution required
Marine Patrol Tactics
What They Look For
Operation Indicators:
- Weaving/serpentine path
- Near misses
- Excessive speed
- Very slow operation
- Poor navigation
- Equipment violations
Checkpoint Locations:
- Holiday weekends
- Waterfront events
- Popular sandbars
- Bridge approaches
- Marina exits
Your Rights
During Stop:
- Remain silent option
- Refuse field sobriety
- Request attorney
- Record interaction (carefully)
- Refuse search (limited effect)
Consequences of Refusal:
- Enhanced penalties
- License suspension
- Used against you
- Arrest likely anyway
- Judge instructs jury
After a BUI Arrest
Immediate Steps
Within 24-48 Hours:
- Contact experienced attorney
- Document everything
- Gather witness info
- Photograph injuries
- Request hearing (license)
Within 10 Days:
- DMV hearing request
- Hardship license application
- Begin DUI school
- Substance evaluation
- Prepare defense
Choosing an Attorney
Look For:
- BUI/DUI specialization
- Local court experience
- Maritime law knowledge
- Trial experience
- Success record
Questions to Ask:
- Flat fee or hourly?
- Trial experience?
- Plea bargain likely?
- Timeline expectations?
- Total cost estimate?
Conclusion
A BUI arrest in Hollywood, Florida, triggers severe consequences that extend far beyond the immediate legal penalties. From thousands in costs to permanent criminal records, career impacts, and insurance nightmares, the price of boating under the influence is simply too high.
The water doesn't make alcohol less dangerous - it amplifies every risk. Hollywood's marine patrol, working with multiple agencies, maintains zero tolerance for impaired boating. With penalties matching or exceeding DUI, and unique marine risks involved, the only safe choice is completely sober operation.
Remember: boating is supposed to be enjoyable. Don't let one bad decision turn a day on the water into years of consequences. Get proper education, make smart choices, and keep Hollywood's beautiful waterways safe for everyone.
Learn Safe Boating Practices β - Because the best BUI defense is prevention through education.



