Whether cruising the Intracoastal, fishing on the Gulf, or relaxing on a lake with friends, boating in Florida is a popular activity for both residents and tourists. But if your day on the water includes alcohol, there are risks, especially when it comes to boating under the influence (BUI).
Most people are familiar with DUI laws, but BUI is a separate criminal offense in Florida. And yes, field sobriety tests also play a major role in these cases.
But what are field sobriety tests for BUI? The process might look a little different than a roadside DUI stop, but the legal consequences can be just as serious. Here’s what you need to know if you’re ever pulled over while boating and asked to perform a field sobriety test.
Florida’s BUI Law: The Basics
Under Florida Statutes § 327.35, it is illegal to operate a boat while impaired by alcohol or drugs. The law applies to any type of vessel, including powerboats, jet skis, sailboats, and even kayaks in some cases.
You are considered impaired if:
- Your blood or breath alcohol level is 0.08% or higher
- Your faculties are impaired due to alcohol or drugs
- You have a combination of both factors
The legal limit is even lower at 0.04% for anyone operating a commercial vessel. And if you’re under 21, Florida’s zero-tolerance law means any measurable alcohol in your system could land you in trouble.
What Happens During a BUI Stop?
If you are stopped by the marine patrol of the Florida Fish and Wildlife Conservation Commission, local law enforcement, or the Coast Guard, they may ask questions, look for signs of impairment, and ask you to perform field sobriety tests.
However, these tests will differ from those on the road since balancing on a rocking boat is tough even when sober. For that reason, field sobriety tests are adapted for the marine environment.
What Are Marine Field Sobriety Tests?
Instead of having you walk a straight line or stand on one leg on a moving boat, officers use a set of seated sobriety tests designed for boaters. These tests evaluate coordination, memory, and divided attention skills. All these areas are impacted when someone is impaired.
Some of the most common tests include:
- Horizontal Gaze Nystagmus (HGN): The officer watches your eyes as you follow a moving object. Jerky or uneven eye movements can indicate impairment.
- Finger-to-Nose Test: You will be asked to tilt your head back, close your eyes, and touch your nose with your index finger.
- Palm Pat Test: This involves patting one hand with the other while flipping it over and keeping a steady rhythm.
- Alphabet or Number Tasks: You might be asked to recite part of the alphabet or count backward.
These tests are conducted after you have been brought onto a stable surface like a dock, marina, or patrol vessel. The goal is to remove distractions like boat movement or waves that could otherwise interfere with your performance.
Are You Required to Take These Tests?
Field sobriety tests are voluntary. You can decline them without an automatic penalty. However, a refusal can raise suspicion, and the officer may still arrest you based on other observations.
On the other hand, if you are arrested and asked to take a breath, blood, or urine test, a refusal can lead to serious consequences. This falls under the implied consent laws like those for drivers on the road.
A refusal can result in fines, vessel impoundment, or suspension of boating privileges.
What If You Fail the Tests?
If the officer believes you are impaired based on your behavior or test performance, you can be arrested for BUI and taken for additional testing. If your BAC exceeds the legal limit, you could be charged and face criminal penalties.
A DUI conviction can result in:
- Fines and court costs
- Possible jail time
- Probation or community service
- Substance abuse education
- Vessel impoundment
- A permanent criminal record
And if someone was injured or property was damaged, the penalties would get much more severe.
Can You Fight the Results?
Just like with DUI cases, the results of BUI field sobriety tests can be challenged. For example, your legal team might ask:
- Were the tests administered properly?
- Did the officer account for motion sickness, injury, or fatigue?
- Was your poor performance caused by sun exposure or dehydration?
- Did environmental conditions affect the outcome?
Your lawyer can analyze video footage, question the officer’s training, and bring in experts to counter the prosecution’s claims.
Know Your Rights on the Water
A relaxing day on the water can take a sharp turn if alcohol is involved and law enforcement stops your boat. While boating with a drink in hand is not illegal in Florida, operating a vessel while impaired is serious, and the penalties are harsh.
If you have been arrested for boating under the influence in Florida, Titan Law can assist. We can help you understand your options and determine whether these field sobriety tests can be used against you.
