BUI Boating Under the Influence Lawyer
Florida leads the nation in registered recreational boats, and the waterways around Broward County are among the busiest in the country. That popularity carries a serious cost: Florida consistently records one of the highest numbers of boating accidents and fatalities in the United States each year, and many involve operators who were drinking. When an impaired boater collides with your vessel, strikes you in the water, or capsizes a boat full of passengers, the injuries are often catastrophic.
Eric A. Hernandez of HLM Injury Lawyers has spent more than 25 years fighting for injury victims across South Florida. As a former Assistant U.S. Attorney for the Southern District of Florida, Eric built cases against individuals and organizations who put others at risk through reckless conduct — exactly the discipline that boating under the influence (BUI) claims demand.
Call HLM Injury Lawyers for a free consultation: (305) 842-2100. No fee unless we win.
Florida’s BUI Law and How It Applies to Your Claim
Florida law prohibits operating any vessel — motorboats, sailboats, personal watercraft, and other watercraft — while impaired by alcohol or controlled substances. The legal blood alcohol concentration (BAC) limit for vessel operators is 0.08 percent, the same threshold that applies to motor vehicle operators under Florida’s driving under the influence (DUI) law.
A criminal BUI case and your civil injury claim are entirely separate proceedings. You do not have to wait for a conviction to pursue compensation. In a civil claim, evidence of impairment — field sobriety results, BAC measurements, witness accounts, alcohol containers aboard the vessel — helps establish that the operator was negligent. A positive BAC reading strengthens your case, but impairment can be proven through other evidence even without formal charges.
Florida Fish and Wildlife Conservation Commission (FWC) officers have authority to stop and board vessels on Florida waters. Their incident reports and investigation records are critical documents our firm pursues immediately after a BUI crash.
Serious Injuries from BUI Crashes
Waterway collisions are among the most violent accidents a person can experience. There are no seatbelts, no airbags, and no protective cage around the occupants.
Traumatic brain injuries: Sudden violent impact — especially when victims are thrown from a vessel — can cause severe head trauma with lasting cognitive and physical effects.
Spinal cord injuries: High-speed collisions and blunt-force impact on water can fracture vertebrae and damage the spinal cord, sometimes resulting in paralysis.
Propeller injuries: When someone ends up in the water near a powered vessel, propeller strikes cause horrific lacerations, amputations, and internal injuries.
Drowning and near-drowning: Victims incapacitated by a collision or thrown overboard face immediate drowning risk. Near-drowning survivors can suffer lasting brain damage from oxygen deprivation.
Broken bones and lacerations: Even without a direct collision, impact with a vessel’s hull or the water surface at speed causes severe fractures and traumatic wounds.
Wrongful death: BUI crashes kill people. Florida’s wrongful death statute lets surviving family members — spouses, children, parents — pursue claims when an impaired boater takes a life.
Who Can Be Held Liable After a BUI Crash
The BUI operator: The person operating the vessel while impaired is directly liable. Their vessel insurance, homeowner’s insurance, or personal assets are potential sources of recovery.
The vessel owner: If the owner knowingly let an impaired or unqualified person operate their boat, the owner may share liability under Florida’s negligent entrustment doctrine.
Alcohol providers: In certain circumstances, a commercial establishment that served alcohol to a visibly intoxicated person who then operated a vessel may face liability under Florida’s dram shop laws. These claims are fact-specific and require prompt investigation.
Marina or charter operators: A rental company or charter service that handed a vessel to someone visibly impaired or unqualified may bear responsibility.
Our firm identifies every available coverage source so your claim reaches every dollar available to compensate you.
Florida Law — Deadlines and Comparative Negligence
Statute of limitations: Under HB 837, Florida’s 2023 tort reform law, you have two years from the date of the accident to file a negligence claim — down from the prior four-year period. The deadline is firm, and missing it eliminates your right to recovery. Contact an attorney as soon as possible.
Wrongful death: If a family member died in a BUI accident, you have two years from the date of death to file a wrongful death claim under Florida law.
Modified comparative negligence: If you bore some responsibility for the accident, your compensation is reduced by your percentage of fault. If you are found 51% or more responsible, you cannot recover; at exactly 50% fault, you still can. In BUI cases where the other operator was clearly impaired, assigning significant fault to the victim is difficult — but insurers will try.
Evidence preservation: BUI investigations move quickly. Our firm acts immediately to preserve FWC reports, vessel logs, marina records, and available video footage before evidence is lost.
Why Hire Eric Hernandez for Your BUI Boating Accident Case
A Prosecutor’s Perspective: Eric prosecuted cases as a federal attorney in one of the country’s most active federal districts. BUI claims involve law enforcement reports, chemical testing evidence, and regulatory records — exactly the kind of case file a former federal prosecutor knows how to use.
Direct Attorney Access: Eric personally manages every case at HLM Injury Lawyers. You reach the attorney when you call — not a call center or rotating assistant.
Trial-Ready Representation: Eric has more than 25 years of trial experience and is admitted to the U.S. Supreme Court Bar. When you are represented by a lawyer who actually tries cases, insurers negotiate differently.
Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers serves clients in English and Spanish. No fee unless we recover compensation for you — and your first consultation costs nothing.
Frequently Asked Questions
Does the BUI operator have to be convicted before I can file a civil claim?
No. Criminal and civil cases follow different standards. You can pursue your civil claim while criminal proceedings are pending or even if they never result in a conviction.
What if the BUI operator’s vessel was uninsured?
Our firm investigates all potential sources of recovery — including vessel owner liability, dram shop claims, and marina liability — so that an uninsured operator does not leave you without recourse.
What if I was also drinking at the time of the crash?
Florida’s comparative negligence rules apply. Your recovery is reduced by your percentage of fault. If the other operator was primarily responsible — particularly if legally impaired — you can still recover a substantial portion of your damages.
Can family members recover if their loved one died in a BUI accident?
Yes. Florida’s wrongful death statute provides surviving spouses, children, and in some cases parents the right to pursue claims for loss of companionship, financial support, and other damages.
What evidence helps a BUI boating case?
FWC reports, chemical test results, eyewitness accounts, photographs of the scene, vessel registration records, marina security footage, and social media posts showing the operator drinking before the incident are all potentially valuable.
Does maritime law apply to my case?
In near-shore and inland waterway accidents — which describes most South Florida recreational boating incidents — Florida state tort law governs your claim. Federal admiralty law can come into play in certain offshore situations. Our firm evaluates the applicable framework in every case.
Contact HLM Injury Lawyers — Free Consultation
Call HLM Injury Lawyers at (305) 842-2100 to discuss your BUI boating accident with Eric Hernandez — your consultation is free and you owe nothing unless we recover for you. We represent injured boaters and their families throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, Broward County, and all of South Florida.