BUI Manslaughter applies whenever a boat operator causes the death of another person while boating under the influence. This includes deaths caused by collisions with swimmers, watercraft, docks, or other structures. It also covers indirect fatalities, such as a passenger falling into the water and drowning due to the operator being impaired or intoxicated
Florida law does not require an intent to kill, only that the fatality resulted from impaired boating. Even a momentary lapse in judgment or loss of normal faculties behind the helm can lead to a felony charge if the incident is fatal.
Gainesville BUI Manslaughter Defense Lawyer
Facing a BUI Manslaughter charge in Florida, particularly in popular boating areas like Lake Lochloosa, Newman’s Lake, Santa Fe River, or Ichetucknee River, is nothing short of a legal crisis. The horrific emotional and financial toll of losing a life under impaired operation, compounded by the weight of felony charges, underlines the critical importance of seasoned legal defense. The Galigani Law Firm brings a wealth of trial experience, including deep expertise in boating accident cases and BUI defense. Attorneys here know Florida statutes inside and out, are adept at negotiating with prosecutors, and are prepared to go to trial if that best serves the case.
Because every case is unique, the firm offers a free consultation to analyze the specific details: blood test timing, an accident reconstruction report, marine patrol procedures, and emergency response actions. Early defense involvement allows attorneys to inspect evidence, interview witnesses, reconstruct timelines, and mount a comprehensive defense strategy. The Galigani Law Firm provides free consultations for those facing a criminal charge in Alachua County or anywhere in the Gainesville area. Call (352) 375‑0812 today to schedule.
Info on Florida BUI Manslaughter Charges
- BUI Manslaughter in Alachua County Defined
- Penalties for BUI Manslaughter
- Defenses to BUI Manslaughter
- Locations Patrolled by Law Enforcement for Boating Arrests
BUI Manslaughter in Alachua County Defined
Operating a boat under the influence is already a serious crime in Florida, but when a fatality occurs as a result of impaired boating, the offense escalates to BUI Manslaughter, carrying severe legal consequences. Under Florida Statute § 327.35(3)(f), any death caused by boating while intoxicated, whether by alcohol, prescription medications, or other substances, results in charges of manslaughter. This charge makes clear that impaired operation on the water can be just as deadly, and punishable, as drunk driving on land.
BUI Manslaughter requires that the operator was intoxicated at the time of the fatal accident. It is considered a second-degree felony, punishable by up to 15 years in prison, along with significant fines. These sentences reflect Florida’s recognition that operating a vessel while impaired poses a grave risk to life. Unlike a typical boating under the influence charge, which may carry only misdemeanor penalties, manslaughter charges carry felony convictions that may profoundly impact future employment, professional licensing, firearm rights, and overall civil status.
Penalties for BUI Manslaughter
BUI Manslaughter is one of the most serious boating offenses in Florida and carries severe penalties under Florida Statute § 327.35(3)(f). These penalties vary depending on factors like prior convictions and whether the boater fled the scene of the incident:
- BUI Manslaughter If a person operates a vessel while under the influence and causes the death of another human being, it is charged as a second-degree felony. This carries penalties of up to 15 years in prison, 15 years of probation, and fines of up to $10,000.
- BUI Manslaughter with Failure to Render Aid or Give Information: If the boater fails to give information or render aid following the accident, the charge escalates to a first-degree felony, which carries up to 30 years in prison and a $10,000 fine.
- Mandatory Minimum Sentencing: If convicted of BUI Manslaughter and the court finds that the operator had a blood alcohol content of .15 or higher, or a prior DUI/BUI conviction, enhanced penalties may apply, including mandatory prison time and lengthy license suspensions.
These charges also result in a felony criminal record, which can affect voting rights, firearm ownership, future employment opportunities, and professional licenses. Boating privileges may be suspended or revoked, and insurance premiums may increase substantially. The consequences extend far beyond incarceration, making it critical for defendants to seek experienced legal representation.
Lucy’s Law
HB 289, or Lucy’s Law took effect across Florida on July 1st, 2025. This legislation was named in honor of Lucy Fernandez, a teenager who tragically lost her life in a 2022 boating accident caused by reckless and impaired operation. Prior to this law, BUI related fatalities were prosecuted under existing manslaughter statutes, but Lucy’s Law significantly enhanced the penalties and aligned them more closely with those seen in DUI manslaughter cases involving motor vehicles.
Under Lucy’s Law, prosecutors now have stronger tools to pursue harsher sentencing in cases where impaired boaters cause the death of another person. Specifically, BUI Manslaughter cases involving aggravating factors, such as high blood alcohol concentration or failure to remain at the scene, are now more consistently treated as first-degree felonies, allowing for up to 30 years in prison. The law reinforces the principle that negligent and impaired boating is just as serious as reckless driving on Florida roads, and reflects a broader shift in treating waterways with the same level of legal responsibility and accountability. This legislative change reflects a new, harsher, no nonsense approach to reckless and impaired boating. Prosecutors and law enforcement will use every tool at their disposable against those charged with BUI and BUI Manslaughter, making it especially important to hire a criminal defense attorney as soon as possible.
Defenses to BUI Manslaughter
Defending against BUI Manslaughter charges is a complex endeavor that requires a careful, multi-layered approach. Toxicology results are central to the prosecution’s case, but they can be challenged. Blood samples might have been contaminated, improperly stored, or delayed; elevated levels in the test do not directly translate to impairment behind the wheel, as they don’t reflect timing or metabolism. The defense may also challenge causation by presenting alternate explanations for the accident, whether mechanical failure of the vessel, unexpected medical emergencies, or actions by victims themselves. Procedural issues are another important area for defense. If sobriety tests, arrests, or evidence collection were conducted without compliance to constitutional safeguards, key pieces of evidence may be suppressed, weakening or even collapsing the prosecution’s case.
An additional line of defense focuses on challenging the assumption that impaired operation necessarily equates to reckless or negligent operation. Expert testimony may help show the operator acted responsibly under the circumstances. For example, navigating at slow speed, issuing warnings, or remaining attentive might support an argument that while intoxicated, the operator did not act with legal negligence. These strategies require detailed review of case facts, timing of impairment, vessel handling, communication or inattention of other parties, and weather or water conditions.
Locations Patrolled by Law Enforcement for Boating Arrests
Many popular boating locations near Gainesville are patrolled by law enforcement looking to make boating arrests, including:
- Lake Alto
- Newman’s Lake
- Near Cedar Key
- Daughtry Bayou
- The Lewis Pass area
- Lake Lochloosa
- Orange Lake
- Ichetucknee River
- Santa Fe River.
Galigani Law Firm | Attorney for BUI Manslaughter in Gainesville Florida
If you or a loved one have been arrested for BUI Manslaughter in Alachua County or the surrounding areas, including Lake Alto, Newman’s Lake, Daughtry Bayou, Lake Lochloosa, Orange Lake, the Ichetucknee River, or the Santa Fe River, contact the experienced criminal defense lawyers of the Galigani Law Firm. They will do whatever it takes to fight for a favorable outcome to your Gainesville area BUI Manslaughter case. To schedule your free initial Reckless Operation of a Vessel case consultation with the Galigani Law Firm, call (352) 375-0812 today.
