Can You Have Alcohol on a Boat in Florida?
Section 327.35 of the Florida Statutes, the boating-under-the-influence law, does not ban having alcohol aboard; it bans operating a vessel while impaired or at a blood-alcohol level of 0.08 or more. We could not open an official page on open containers on boats, so check with FWC.
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We use your email only for this download.What the statute says
Florida Statutes s. 327.35 makes it a crime to operate a vessel when you meet any of these:
- You are impaired by alcohol or drugs to the extent your normal faculties are impaired.
- Your blood-alcohol level is 0.08 grams per 100 milliliters of blood or more.
- Your breath-alcohol level is 0.08 grams per 210 liters of breath or more.
The law applies to the person operating the vessel. The text we read does not address passengers drinking or open containers, so we make no claim on those.
First-conviction penalties
- Fine of $500 to $1,000 and up to 6 months in jail.
- Probation up to 1 year, at least 50 hours of community service, and a 10-day vessel impoundment or immobilization.
- At 0.15 or higher, or with a person under 18 aboard, the fine is $1,000 to $2,000 and jail up to 9 months.
What we could not confirm
The FWC boating page was blocked to us (HTTP 403), so we have not checked agency guidance or local rules on passengers. Laws change, so read the current statute and ask FWC. See also our laws and travel guides. This is not legal advice.
People also ask
What blood-alcohol level is boating under the influence in Florida?
Section 327.35 uses 0.08 grams per 100 mL of blood or 0.08 g per 210 L of breath, or impairment of normal faculties.
What is the penalty for a first BUI in Florida?
A fine of $500 to $1,000 and up to 6 months in jail, plus probation, community service and vessel impoundment.
Does the BUI law cover passengers?
The statute text we read applies to the person operating the vessel. It does not address passengers.
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