If you’ve found yourself on this page, you or someone you care about may be dealing with a serious situation. Being part of a boating accident where alcohol or drugs were involved is scary and confusing. It can feel like your world has turned upside down. You may be asking a lot of questions about what happens next, and it’s normal to feel worried. That’s why we want you to know that you are not alone. Our law firm understands what you’re going through. We’ve helped many people in similar situations, and we’re here to help guide you toward the best outcome for your case.
Understanding Boating Under the Influence in Florida
In Florida, boating is a popular activity. With so much water and sunshine, it’s no wonder people love to take their boats out with family and friends. But just like driving a car, operating a boat while under the influence of alcohol or drugs is against the law. In Florida, this is called Boating Under the Influence, or BUI. It is treated seriously by the law, and it can lead to criminal charges and big changes in any boat accident case.
If a person is caught operating a boat with a blood alcohol level of 0.08 or higher, they can be arrested for BUI. The same goes if they are under the influence of drugs that affect their ability to steer safely. Just like DUI laws for drivers, BUI laws are meant to protect everyone on the water. But when an accident happens and someone is suspected of BUI, it can change everything about how that case is handled.
How BUI Changes a Boat Accident Case
A boating accident on its own is already serious. There may be injuries, property damage, or worse. But when BUI is involved, the legal impact grows even larger. Florida law allows for tougher penalties if someone was drinking or using drugs when the crash occurred. The person accused of BUI might face jail time, large fines, and even a felony charge if the accident caused serious harm or death.
On top of criminal consequences, BUI also changes how accident victims can seek justice. If someone was hurt in a boat crash caused by a person under the influence, they may have a stronger case to get compensation. That includes payment for medical bills, lost time at work, and pain or emotional stress. The law sees BUI as reckless behavior, so courts often hold the person more responsible.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Associate Attorney
It’s also important to know that a person doesn’t have to be the driver to be impacted by BUI laws. Even passengers who are drunk and distracting the operator or helping steer the boat can be investigated. This means a lot of people may be part of a legal case after a crash, even if they didn’t think they were doing anything wrong.
Proving BUI in a Legal Case
When police or the Coast Guard believe someone was boating under the influence, they will often try to prove it with tests. These may include breath tests, blood tests, or a field sobriety test on the dock or boat. Officers will also look at how the person was acting, whether they could steer the boat safely, and if they were slurring their words or stumbling.
In a legal case, this kind of evidence can become very important. If you are someone hurt in the accident, your case may depend on proving the other person was drunk or high. If you are the one being accused of BUI, it’s important to understand your rights and how the evidence will be used. Either way, it’s not something you should face without someone guiding you.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”
- Mary
Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"
- Kylie Collier Border
I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."
- Sandy Carter
Why These Cases Are Hard to Handle Alone
BUI cases can be confusing. There are both criminal and civil parts to deal with, and the rules can be hard to understand. If you’re trying to recover from an injury or just want to make sure your side of the story is heard, it can be overwhelming. Even small details in the accident report, medical records, or the way the boat was handled can make a big difference in the case.
For example, some people don’t know that refusing a breath or blood test on the water can lead to extra penalties in Florida. Others may not understand that a BUI charge can follow them for years, even affecting their job or driver’s license. If you are trying to get compensation as a victim, the other side may try to blame you or claim that you were also at fault. All of this can be very stressful and unfair if you don’t have someone helping you prepare.
What You Can Do After a BUI Accident
If you or someone close to you has been in a boating accident where BUI is suspected, the most important step is to get the facts. Take pictures if you can, talk to witnesses, and get medical care right away if you’re hurt. You should also report the crash to the proper authorities and keep copies of everything, including the police report and hospital records.
Once you’ve taken care of yourself, it’s time to think about the legal side. Whether you are trying to protect yourself from false charges or seeking justice after being harmed, having the right legal help makes a big difference. Every case is different, and the details matter. That’s why it’s important to have someone who knows the law and can fight for what is fair.
Who Can Be Held Responsible in These Cases
One of the things people often ask is who is responsible when a boat crash involves alcohol or drugs. The answer depends on what happened, but it’s not always just the person driving. The boat owner may be responsible if they allowed someone drunk to operate the boat. A company that rents out boats could be involved if they didn’t follow safety rules. Even bars or restaurants may face questions if they gave alcohol to someone who was already clearly drunk and then let them leave on a boat.
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In Florida, we have what’s called “comparative fault.” That means more than one person can be partly to blame. So, if two boaters crash and both were doing something wrong, the court may divide the blame between them. This can affect how much money someone can get after an injury. It can also affect how much someone has to pay if they are found at fault. These details are why it’s so important to have someone who knows how to tell your side of the story clearly and legally.
What Makes Florida Different for BUI Cases
Florida has some of the busiest waterways in the country. That means the laws here are made to deal with the high number of boaters and the risk that comes with it. For example, law enforcement in Florida does not need “probable cause” to stop your boat. They can pull you over for a safety check at any time. If they see or smell signs of alcohol or drugs, things can change quickly.
Florida also has a boating safety education requirement for many drivers. Not having this can make your case harder. And if someone has a prior DUI or BUI, the penalties for a new BUI are even more serious. All of these laws are meant to keep people safe on the water, but they can be tough to face without help. Even if you made a mistake, that doesn’t mean you should have to lose everything.
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How You Can Take the Next Step With Confidence
Dealing with a boating accident involving alcohol or drugs is never easy. There may be pain, fear, and a lot of unknowns. But the good news is that you don’t have to go through it by yourself. With the right help, you can protect your future and find peace of mind.
At the end of the day, what matters most is getting the outcome that helps you move forward. Whether that means clearing your name, getting fair compensation, or holding someone accountable, you deserve support that is strong, smart, and caring.
That’s where Serrano Law comes in. We take your case seriously and treat you with the respect you deserve. If you or a loved one has been involved in a boating accident with suspected BUI in Florida, call us today. Let us hear your story and help you take the first step toward the result you need.