Posted On:
March 30, 2011
Can I be charged with boating under the influence in Florida?
Yes. Florida law recognizes boating under the influence. The same legal limit for motor vehicles applies to boaters. That legal limit is .08 blood alcohol or breath content. The threshold drops to .02 if the boater is under 21 years old. However, one can be charged with boating under the influence without taking the test as long as the officer believes the boater to be operating the boat under an impaired status (whether under the influence of drugs or alcohol). This is very subjective and many times officers make mistakes. It is much harder for officers to conduct field sobriety tests on a boater unless they bring the boater to shore.
For more information, you should speak with an attorney.
Michael A. Atter
Former Prosecutor
Keith L. Maynard
Former Assistant Public Defender
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