BUI Attorney in Jacksonville Beach

BUI Penalties Under Florida Statute 327.35

The penalties for a BUI conviction escalate with each offense, and the full exposure is worth understanding before any decision about how to proceed.

• First conviction: Fine of $500 to $1,000 and up to 6 months in jail.
• Second conviction within 5 years: Fine of $1,000 to $2,000 and up to 9 months in jail.
• Third conviction within 10 years: Third-degree felony with a mandatory minimum 30 days and up to 12 months in jail.
• Fourth or subsequent conviction: Third-degree felony regardless of timing, punishable by up to 5 years in prison.

When a boater’s BAC is 0.15% or higher, or a minor under 18 was aboard, enhanced fines and jail time apply even on a first offense. Every BUI conviction also triggers monthly reporting probation, a mandatory substance abuse course, and vessel impoundment or immobilization for 10, 30, or 90 days depending on prior offenses.

What Changed on July 1, 2025: Lucy’s Law, Trenton’s Law, & the Boater Freedom Act

Three significant changes took effect on July 1, 2025, and each one affects how a BUI arrest can unfold and what consequences follow.

• Lucy’s Law added driver’s license suspension as a consequence of a BUI conviction, on top of the existing suspension of boating privileges. A single conviction can now affect both your time on the water and your ability to drive.
• Trenton’s Law made refusing a breath, blood, or urine test after a BUI arrest a separate criminal offense, not merely an administrative penalty. A refusal now creates independent criminal exposure on top of the underlying charge.
• The Boater Freedom Act restricts when law enforcement can stop a vessel. Officers must now have probable cause of an actual violation, such as BUI or reckless operation, before conducting a stop. Routine safety-check stops without probable cause aren’t permitted under this framework, which directly affects whether a stop and any resulting arrest can withstand legal challenge.

BUI manslaughter, causing a death while operating a vessel while impaired, is a second-degree felony carrying a mandatory minimum 4-year prison term. If the operator fails to render aid, the charge elevates to a first-degree felony.