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Whether you live on the Florida coast or near a lake, owning or having access to a speed boat, pontoon or a personal watercraft is nothing out of the ordinary. But because being out on the lake or ocean is so popular, Florida experiences a high number of boating-related injuries and fatalities.

According to the Florida Fish and Wildlife Conservation Commission, there were 737 reportable boating accidents in 2015. From these accidents, there were 438 injures and 55 fatalities. Alcohol and drugs were involved in 19 percent of the boating fatalities. If you were recently hurt in a boating accident and you believe the other driver was intoxicated, contact Randall Spivey, a Port Charlotte personal injury attorney, at the Spivey Law Firm right away. 

Florida BUI Law

Everyone has heard of DUI, but fewer people are aware of what a BUI is and how it relates to DUIs. A BUI stands for boating under the influence and it is analogous to a DUI in many ways except it pertains to operating a vessel on the water instead of a vehicle on the road.

Under Florida Statute 327.35, a person is guilty of a crime if he or she boats under the influence of:

• Alcohol,
• A chemical substance, or
• A substance controlled by law, including prescription medications.

The legal limit for a person’s blood alcohol content (BAC) while boating is 0.08 percent – the same as for driving a car. If the driver is under 21 years old, then the legal limit is 0.02 percent. However, people can be charged with BUI if they are impaired by alcohol or drugs -- even if they do not blow over the legal limit.

The Spivey Law Firm Is Ready to Handle Your Civil Case

If you were injured in a boating accident and suspect the person was drinking, the accused individual may face both criminal and civil charges. Criminal charges are typically brought by the local prosecutor, but you may be able to bring a personal injury case against the drunk boater. Randall Spivey and his team are fully prepared to help you with your civil case.  

Every boater is required to obey the rules of the water and not act in a way that could put others in a danger, such as by drinking too much or taking drugs while in charge of the vessel. If someone pleads or is found guilty of BUI, that evidence of negligence can be used for your civil personal injury case.

However, even if the criminal case is not brought or finished by the time you are in court for a civil suit, you can still seek to prove that the boater was impaired at the time of the accident due to drugs or alcohol.

The person who caused your injuries in the boating accident may be required to compensate you for your injuries if you prove his or her negligence in a civil personal injury case.

If you were hurt in an alcohol- or drug-related boating accident and need help recovering, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. to learn more about your rights and legal options.