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BUI Accident Lawyer — Boating Under the Influence in South Florida

Hurt by a boater operating under the influence in South Florida? That's a crime, and grounds for serious compensation. Let us hold them accountable.
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Florida BUI Law — The 0.08 Standard

Under Florida law, it is unlawful to operate a vessel with a blood or breath alcohol level of 0.08 or higher — the same threshold that applies to motor vehicle DUI. It is also unlawful to operate a vessel while impaired by alcohol or drugs.

Law enforcement — including the Florida Fish and Wildlife Conservation Commission (FWC) and local marine units — can stop vessels and conduct sobriety checks on the water, just as police conduct traffic stops on roads.

Criminal BUI charges and civil liability are separate matters. A criminal conviction strengthens your civil case, but the absence of a conviction does not bar your civil claim.

The Danger of Impaired Boating

The dangers of alcohol on the water exceed those on land in several respects. Boat operators face sun, wind, wave motion, and engine noise — environmental stressors that amplify the effect of alcohol on the body. The same amount of alcohol that produces mild impairment in a driver can leave a boat operator who has been on the water for hours significantly impaired.

At the same time, boating demands skills that alcohol meaningfully degrades:

  • Situational awareness: Reading channel markers, tracking other vessels, and identifying no-wake zones.
  • Reaction time: Responding to sudden obstacles, vessel traffic, or swimmers in the water.
  • Judgment: Making split-second decisions about speed, proximity, and maneuvering.

When those faculties are compromised, collisions happen. And on the water — where life jackets may not be worn and a fall can mean contact with a propeller or open water — the consequences are often catastrophic.

Common BUI Accident Injuries

Accidents caused by impaired boat operators tend to produce severe injuries:

  • Traumatic brain injuries (TBI): from impact with the hull, dock, or water surface.
  • Propeller injuries: among the most devastating boating injuries, caused when a person enters the water near a running engine.
  • Spinal injuries: from high-impact collisions or falls.
  • Drowning and near-drowning: with potentially permanent neurological effects.
  • Severe lacerations and orthopedic injuries: from vessel collisions and contact with boat hardware.

The FWC Accident Report in BUI Cases

The FWC investigates serious boating accidents, including those involving BUI. Its accident report is one of the most important pieces of evidence in a BUI civil claim.

It may document:

The investigating officer’s observations about the operator’s condition.

Field sobriety test results.

Blood or breath alcohol test results, if administered.

Witness statements taken at the scene.

Photographs and diagrams of the accident.

Securing the FWC accident report early — and preserving any other documentation from the scene — is a priority once you retain an attorney.

Pursuing a Civil Claim After a BUI Accident

A civil claim against a BUI operator is grounded in negligence — the operator failed to exercise the care expected of a reasonably prudent vessel operator, and that failure caused your injuries.

When the operator was legally intoxicated or impaired by drugs, negligence is generally established. The focus of the civil case then shifts to:

  • Causation: Connecting the operator’s impairment to the accident and to your injuries.
  • Damages: Documenting the full extent of your medical expenses, lost wages, pain and suffering, permanent impairment, and any other losses.
  • Available coverage: Identifying the at-fault operator’s boat insurance, homeowner’s coverage, and any other applicable policy. Where the vessel was rented, the rental company may also face liability.
  • Punitive damages: Florida law may allow punitive damages depending on the circumstances — particularly when the operator’s conduct was grossly reckless. Your attorney will analyze whether they are viable in your case.

The 2-Year Statute of Limitations

Under HB 837, Florida’s 2023 tort reform law, the statute of limitations for personal injury claims — including BUI accident claims — is two years from the date of the accident, reduced from the prior four years. The same 2-year deadline applies to wrongful death claims.

Do not wait. Evidence degrades, witnesses become harder to locate, and investigation takes time. The sooner you retain an attorney, the more they can do to preserve and build your case.

Contact HLM Injury Lawyers — Free Consultation

Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida — someone who spent his early career building and prosecuting cases against defendants who caused serious harm. He clerked for Chief Justice Charles T. Wells of the Florida Supreme Court and brings more than 25 years of trial experience to every case he handles.

When an impaired boat operator upends someone’s life, Eric knows how to build the case that holds them accountable.

HLM Injury Lawyers represents BUI accident victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, Broward County, and South Florida. Eric is bilingual in English and Spanish.

Call (305) 842-2100 for a free consultation.

HLM Injury Lawyers
3301 N. University Dr., Suite 100, Coral Springs, FL 33065
(305) 842-2100