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Florida is a water paradise. According to NBC-6, Florida has 2,000 marinas, 1,700 miles of rivers, more than 3 million acres of lakes and 8,000 miles of coastline which is the longest of any state.

"Being out on the water is a way of life for many Floridians and visitors.  Because of the heat and sun, boaters need refreshments.  Choosing the right refreshments may mean the difference between a wonderful day and tragedy.  Alcoholic beverages, controlled substances and/or medications do not mix with boating," reminds Fort Myers Boating Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

The U.S. Coast Guard (USCG) in its Recreational Boating Statistics 2012 reports that alcohol use is the leading contributing factor in fatal boating accidents, and is listed as the leading factor in 17% of deaths.  

Substances including alcohol, controlled substances, or medications which may cause drowsiness or the feeling of being drunk or producing impairment of normal abilities may bring on charges of BUI (boating under the influence).  With a BAC (blood alcohol concentration) of 0.08 (the same as for DUI) or if a boat operator is showing signs of slurred speech, swerving, or inability to stand or walk, he/she may be charged with BUI with BAC levels of 0.05 to 0.08.

The USCG Boating Safety Resource Center reports that boat operators are likely to become impaired more quickly than vehicle drivers, drink for drink.  The dangers of BUI according to the USCG are:

• Alcohol can also be more dangerous to boaters because boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don't have the benefit of experiencing daily boat operation. In fact, boaters average only 110 hours on the water per year.

• Alcohol affects judgment, vision, balance and coordination. These impairments increase the likelihood of accidents afloat – for both passengers and boat operators. U.S. Coast Guard data shows that in boating deaths involving alcohol use, over half the victims capsized their boats and/or fell overboard.

• Alcohol is even more hazardous on the water than on land. The marine environment – motion, vibration, engine noise, sun, wind and spray – accelerates a drinker's impairment. These stressors cause fatigue that makes a boat operator's coordination, judgment and reaction time decline even faster when using alcohol.

Florida law prohibits boat operators from operating boats while impaired by drugs or alcohol (BUI).

The USCG suggests the following alternatives to using alcohol while boating:

• Take along a variety of cool drinks, such as sodas, water, iced tea, lemonade or non-alcoholic beer.

• Bring plenty of food and snacks.

• Wear clothes that will help keep you and your passengers cool.

• Plan to limit your trip to a reasonable time to avoid fatigue. Remember that it's common to become tired more quickly on the water.

• If you want to make alcohol part of your day's entertainment, plan to have a party ashore at the dock, in a picnic area, at a boating club, or in your backyard…. Choose a location where you'll have time between the fun and getting back into your car or boat.

• If you dock somewhere for lunch or dinner and drink alcohol with your meal, wait a reasonable time (estimated at a minimum of an hour per drink) before operating your boat.

• Having no alcohol while aboard is the safest way to enjoy the water — intoxicated passengers are also at risk of injury and falls overboard.

• Spread the word on the dangers of BUI. Many recreational boaters forget that a boat is a vehicle - and that safe operation is a legal and personal responsibility. 

The penalties for being convicted of BUI in Florida (section 327.25) are punishable by a fine of not less than $500 for a first conviction up to $2,000 for second convictions. Also, there may be imprisonment of not more than 6 months for a first conviction up to 9 months for a second conviction. (There are further monetary and imprisonment penalties for subsequent offenses.) 

"Enjoy Florida's boating opportunities, but enjoy them safely.  Don't operate a boat while under the influence.  Have a designated, non-drinking captain," said Attorney Spivey.

Fort Myers Boating Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.