Boating Under the Influence (BUI) Defense in Martin and St. Lucie Counties
Living in Florida means year-round access to beautiful waterways, especially here along the Treasure Coast. But with that access comes responsibility — and sometimes, legal trouble. If you’ve been charged with Boating Under the Influence (BUI) in Florida, it’s critical to understand your rights and the BUI defenses available to you. Our BUI Criminal Defense attorney, Christian Van Riper, is a near lifelong resident of Stuart, Florida, a boat owner and a former prosecutor.
What is BUI in Florida?
Under Florida Boating law (Fla. Stat. § 327.35), it is illegal to operate a vessel while impaired by alcohol or drugs. A person can be charged with BUI if:
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Their blood alcohol content (BAC) is 0.08% or higher, or
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They are under the influence of alcohol or controlled substances to the extent their normal faculties are impaired
Penalties can include jail time, fines, probation, vessel impoundment, and mandatory substance abuse counseling, especially for repeat offenders or cases involving property damage or injury.
How is BUI Different from DUI?
BUI charges share many similarities with DUI criminal charges, but there are key differences:
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Jurisdiction: BUI typically involves maritime or inter-agency law enforcement such as the Florida Fish and Wildlife Conservation Commission (FWC), U.S. Coast Guard, or local marine units.
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Sobriety Testing: Unlike roadside DUI tests, field sobriety tests on boats in Martin and St. Lucie Counties in BUI cases are often conducted on uneven, moving platforms — which can impact the validity of the results.
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No Driving Privilege Impact: A BUI conviction does not result in a driver’s license suspension like a DUI does.
Common Defenses to BUI
As a criminal defense attorney in Martin County, Florida I regularly represent individuals charged with BUI along the St. Lucie River, Indian River Lagoon, and offshore waters of Martin and St. Lucie Counties. Common BUI defenses may include:
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Challenging the BUI Stop: Was there reasonable suspicion or probable cause for law enforcement to stop the vessel?
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Improper Sobriety Tests: Balance tests on boats can be unreliable. We may challenge their administration or interpretation.
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Unreliable BAC Readings: Breath or blood testing equipment must be properly calibrated and administered according to legal standards under Florida Law.
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No Evidence of Impairment: The prosecution must prove beyond a reasonable doubt that you were impaired while operating the vessel.
Why Hire a Local BUI Criminal Defense Attorney?
Defending BUI charges requires a deep understanding of both Florida criminal law and maritime enforcement procedures. As a former prosecutor and criminal defense attorney based in Stuart, I know how these cases are built and how to defend against such charges. If you’ve been arrested for BUI in Martin or St. Lucie County, call Christian Van Riper for a free consultation. He will review your case, explain your options, and fight to protect your rights — on land or at sea. We are a veteran-owned law firm. We offer a discount for all US military veterans charged with BUI. Christian Van Riper may be reached at 772-283-8712 day or night. Van Riper and Nies Attorneys are located 900 SE Ocean Boulevard, Suite 140-E, Stuart, Florida 34994. Our BUI Defense law firm does not charge consultation fees for Christian to evaluate your case with you.