Driving and Boating Under the Influence

To be charged with driving under the influence (DUI), you must meet at least one of these criteria:

  1. You have been drinking, using a chemical substance or controlled substance to the extent that your normal faculties are impaired;
  2. You have a blood alcohol level (BAL) of 0.08 or more. This means that you have 8/100 grams of alcohol or substance per 100 milliliters of blood; or
  3. You have a breath alcohol level of .08. This means that you have 8/100 grams of alcohol in your system per 210 liters of breath.

This includes inhaling and ingesting any alcohol, other liquid or chemical made unlawful under F. S. §877.11.

You can also be engaged in any of the following activities and be arrested or given a warning for DUI:

  1. Sitting in a parked car with the engine off – even in a driveway; and
  2. Just starting a car when in a driveway.

The State of Florida also has a Boating Under the Influence (BUI) statute that follows the same principals of DUI. The boat does not need to be running – you only have to be in the driver’s seat. You can be charged with BUI even if you are a passenger in a boat, and meet any of the above standards.