In South Florida, jet skis, alcohol, and Spring Break don’t always mix. As part of BD Law’s 10-part legal survival series, this article explores how a day on the water can quickly lead to a BUI arrest.
What You Need to Know Before Hitting the Water in Florida
If you’re headed to South Florida for Spring Break, chances are you’ll find yourself on or near the water – maybe even renting a jet ski with friends. But before you rev that engine and head out into the waves with a drink in hand, here’s something you need to know: yes, you can be arrested for a DUI on a jet ski in Florida.
At BD Law, we routinely represent Spring Breakers, vacationers, and Florida locals who had no idea that their time on the water could lead to criminal charges. Attorney Brandon Dinetz has successfully defended clients in situations just like this – cases where a quick stop on the water turns into a serious legal problem.
Many people don’t realize that Florida law treats Boating Under the Influence (BUI) similarly to Driving Under the Influence (DUI). The penalties are real, the enforcement is aggressive, and the consequences can follow you long after Spring Break ends.
What Is BUI in Florida?
Under Florida law, it is illegal to operate any type of watercraft – jet ski, boat, or otherwise – while under the influence of alcohol or drugs. This is known as Boating Under the Influence (BUI).
Just like a DUI, you can be charged with a BUI in Florida if:
- Your blood alcohol concentration (BAC) is 0.08% or higher, or
- You’re under the influence to the point that your normal faculties are impaired
This applies to all vessels, including rented jet skis, pontoons, speedboats, and personal watercraft in canals and intercoastal waterways.
Why Are Police Cracking Down During Spring Break?
Spring Break attracts thousands of out-of-town visitors, many of whom rent watercraft without knowing Florida’s boating laws. Law enforcement agencies – especially the Florida Fish and Wildlife Conservation Commission (FWC) – increase patrols in high-traffic areas like Boynton Beach, Fort Lauderdale, and Miami.
Officers are actively watching for:
- Reckless or erratic operation
- Speeding through no-wake zones
- Lack of required safety equipment (like life vests)
- Visible signs of intoxication
You don’t have to cause an accident to be stopped. Even something as minor as creating a wake in a no-wake zone can prompt an officer to pull you over – and initiate a BUI investigation.
What Happens If You're Stopped?
If you’re pulled over while on a jet ski or boat, stay calm and be respectful. Officers may begin asking questions and observing for signs of impairment. If they suspect alcohol or drug use, they might:
- Ask if you’ve been drinking
- Request field sobriety exercises (specifically designed for marine settings)
- Ask for breath, blood, or urine samples
In many cases, you can – and should – decline to participate in field sobriety tests or chemical testing. These are voluntary, and in the absence of strong evidence, a refusal may limit the prosecution’s ability to build a case against you.
Case Insight: A No-Wake Zone Stop That Turned Into a BUI Arrest
Attorney Brandon Dinetz of BD Law represented a client who was stopped while riding a jet ski on the Intracoastal Waterway in Boynton Beach. The stop occurred after officers with the Florida Fish and Wildlife Conservation Commission (FWC) alleged that the client created a wake in a designated no-wake zone – an infraction that often leads to closer scrutiny on the water.
During the encounter, the officer reported detecting the smell of alcohol and asked the client to perform field sobriety exercises. The client, knowing his rights, declined to participate in the exercises and also refused a request for a breath sample. Even without test results or additional signs of impairment, the client was placed under arrest for Boating Under the Influence (BUI) and the matter was referred to the State Attorney’s Office.
Once retained, Brandon Dinetz contacted the prosecutor and pointed out the significant lack of evidence – no field sobriety results, no chemical tests, and no clear indicators of impairment. After reviewing the case, the State Attorney’s Office declined to file charges.
This case shows how quickly a routine boating stop can escalate – and why having an attorney who understands BUI law and Florida enforcement tactics is so important.
How to Stay Safe – and Legal – on the Water
If you’re planning a day on a boat or jet ski this Spring Break, keep the following in mind:
- Don’t drink and ride. Designate a sober driver just like you would on land.
- Watch for signage. No-wake zones are strictly enforced and easy to overlook.
- Have the right safety gear. Missing life vests can trigger stops.
- Be polite during stops. Aggression only invites more legal scrutiny.
- Know your rights. You’re allowed to respectfully decline sobriety tests and chemical samples.
Facing a BUI in Florida? BD Law Is Ready to Help
If your Spring Break outing ended with flashing lights on the water and a trip to jail, don’t face these charges alone. A BUI is not just a boating ticket – it’s a criminal offense that can result in jail time, license suspension, steep fines, and a permanent record.
At BD Law, Brandon Dinetz defends clients charged with Boating Under the Influence and related misdemeanor or felony offenses throughout South Florida, including West Palm Beach, Boynton Beach, Fort Lauderdale, and nearby coastal communities. Whether you were stopped by Florida Fish and Wildlife on the Intracoastal, pulled over in a no-wake zone, or charged after refusing a test, we know how to challenge the evidence and protect your future.
Don’t Let One Mistake Sink Your Record
(561) 778-5213 or fill out our online contact form today to schedule a confidential consultation. We’ll review your situation, explain your options, and build a strategy to help you move forward. We know how aggressive Spring Break enforcement can be – and we know how to push back.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you are facing criminal charges or have questions about your legal rights, please contact BD Law directly to speak with an attorney.