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Mar 13, 2026
Florida takes boating crimes quite seriously, imposing severe penalties for people who are reckless on the state’s waters. From boating under the influence of drugs or alcohol to careless operation, there are many criminal charges you could face for misconduct. If you’ve been arrested for a boating crime, know that your freedom and rights are at risk. Florida boating crimes and penalties can follow you for the rest of your life.
Common Types of Boating Crimes in Florida
A Miami criminal defense lawyer from The Kirlew Law Firm can help you in your case. Common types of boating crimes we’ve represented include:
- Boating under the influence of drugs or alcohol: In Florida, adults over the age of 21 cannot have a blood alcohol concentration over 0.08% while operating a boat. Police can charge you with a BUI even if you are below the legal limit if it’s clear that your ability to operate the vessel is impaired.
- Reckless boating: By exercising willful or wanton disregard for the safety of others on the water, you could face reckless boating charges.
- Boating without proper training: In Florida, you need to pass a course to receive your Boating Safety Education ID. In 2024, 65% of fatal boating accidents involved operators with no formal training.
- Boating accidents resulting in injury or death: In certain boating accidents that result in injury or death, you could be charged.
- Environmental violations: Environmental violations include illegal waste dumping, damaging seagrass beds, operating a derelict vessel, and polluting.
Penalties for Boating Crime Convictions
With 556 boating fatalities in 2024 in the U.S., it makes sense that Florida takes misconduct on the water seriously. The penalties for a boating crime vary depending on the severity of the crime, whether anyone was injured, and your criminal history.
In many cases, the penalties range from $500 to $5,000 in fines, jail or prison sentences of 30 days to 15 years, and mandatory attendance in education programs. That’s why it’s essential to work with an experienced attorney to face these charges head-on.
Lucy’s Law and What It Could Mean if You’re Convicted of a Boating Crime
In 2025, Lucy’s Law came into effect. Named after 17-year-old Lucy Fernandez, who was killed in a boating crash in 2022, the law increases the penalties for certain boating crimes.
Particularly, fleeing the scene of an accident that results in injury or death now carries increased felony punishments, as does causing injury if you were operating the boat while under the influence of drugs or alcohol. Similarly, it is not a second-degree misdemeanor to provide false information during an investigation.
Turn to The Kirlew Law Firm for Experienced Representation
When you’re facing boating crimes in Florida, too much is at stake not to be proactive. You want an experienced attorney on your side who knows the state’s boating crime laws and has a track record of successful cases. You want The Kirlew Law Firm. With over 5,000 criminal cases under our belts, we know what it takes to create an effective defense.
In 2024, 556 people were killed in boating accidents, making representation in these cases vital. If you’re charged with a boating crime, we get to work quickly to poke holes in the prosecution’s case and construct a strong argument for dismissal, a plea deal, or acquittal.
FAQs
What Are the Consequences of a BUI in Florida?
In Florida, the consequences for a BUI include potential jail time, fines, probation, and mandatory alcohol education courses. For subsequent offenses, there are mandatory minimums for jail time, increased fines, and other penalties. In some cases, you could have your boating privileges revoked, especially for repeat offenses or crashes that involve property damage or injury.
How Does Lucy’s Law Impact Boating Crime Cases?
Passed in 2024, Lucy’s Law significantly impacts boating crimes cases, imposing strict penalties for reckless boating and BUI manslaughter convictions. Under this law, reckless boating has been elevated to a felony charge, and there are now mandatory prison sentencing minimums for fatalities caused by boating under the influence.
Other boating crimes also now receive increased penalties, and you may be sentenced to education courses as part of your conviction.
Can I Drink a Beer While Driving a Boat in Florida?
The law doesn’t prohibit you from drinking a beer while driving a boat, but it does state you cannot be impaired while operating a vessel. An adult over 21 cannot have a BAC above 0.08% while driving a boat; however, the law doesn’t just consider BAC when it comes to impairment. If your ability to operate the boat safely is impaired, your BAC doesn’t matter. As a general rule, don’t drink a beer while driving a boat.
Can You Get a BUI if Your Boat Is Anchored?
No, you generally cannot get a BUI charge if your boat is anchored. If you are not operating the boat or physically in control of it while securely anchored, you’re typically safe in the eyes of the law. However, if the anchor is dragging or you’re seated at the helm, you do run the risk of a BUI.
Hire a Boating Crime Lawyer From The Kirlew Law Firm
When you’re facing boating crimes in Florida, you want to put forward a strong defense to protect your freedom and future. Hire a boating crime lawyer today to help you defend your rights and stand up to prosecutors. Your attorney can review the state’s case against you, advise you of your legal options, negotiate for a favorable plea bargain, and represent you in court in front of a judge and jury to pursue an acquittal.
Reach out to The Kirlew Law Firm to schedule a case review. You’ll sit down with our team, and we’ll explain the laws impacting your case, your legal options going forward, and how our firm can be of service. A Florida boating crime attorney from our firm can be your trusted partner every step of the way.
