Palm Beach County has officially created a new Boating Under the Influence (BUI) Division within the Fifteenth Judicial Circuit, marking a significant shift in how boating-related alcohol and drug cases will be handled.
Under Administrative Order 4.912, signed in October 2025, this division will centralize the handling of BUI administrative refusal cases, meaning those where a boater refuses to submit to breath, blood, or urine testing after arrest.
While DUI (Driving Under the Influence) has long had a specialized process for both criminal prosecution and administrative driver’s license suspensions, BUIs historically operated in a more fragmented way. This new division signals that Palm Beach County is taking boating-related offenses, and the administrative consequences tied to refusals, just as seriously as roadway DUIs.
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What Is a “BUI Administrative Refusal”?
When someone is suspected of operating a vessel under the influence of alcohol or drugs, Florida Statute § 327.35215 comes into play. Similar to the state’s implied consent law for motorists, this statute says that anyone operating a boat on Florida waters is deemed to have consented to a lawful test of their breath, blood, or urine if lawfully arrested for BUI.
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If the boater refuses to submit to the test, that refusal can:
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Be used as evidence of guilt in the criminal case, and
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Trigger an administrative penalty, such as suspension of boating privileges for one year (and up to 18 months for repeat refusals).
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Until now, these administrative issues have been handled inconsistently across different courts or agencies. The creation of a dedicated BUI Division brings structure, oversight, and a uniform procedure for processing these cases in Palm Beach County.
Why This Change Matters
Florida leads the nation in boating activity, and unfortunately, in BUI arrests. Palm Beach County, with its mix of intracoastal waterways, ocean access, and year-round boating, sees a steady stream of boating-related incidents investigated by FWC, PBSO Marine Unit, and local law enforcement agencies.
The new division will:
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Streamline administrative hearings related to test refusals, ensuring consistency in rulings.
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Increase accountability for law enforcement agencies that handle BUI investigations.
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Provide clearer procedures for defendants and attorneys navigating the process.
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Reduce backlog and confusion between criminal and administrative aspects of BUI enforcement.
This means boaters arrested for BUI will face a more organized, but also more serious, process when challenging a refusal or the legality of their arrest.
What This Means for Boaters and Defendants
The most important takeaway: BUI cases now carry real procedural weight.
Just like DUI, refusing to take a breath or blood test during a BUI stop can now lead to administrative penalties that are handled by a specific judicial division. For those unfamiliar with this process, it’s not just a “slap on the wrist”, these hearings can affect your ability to operate a vessel, your insurance, and even appear on your record.
In addition, evidence from the administrative process can influence the criminal case itself. A refusal that is found to be unjustified may be used by prosecutors to suggest “consciousness of guilt.”
That’s why having an experienced BUI defense attorney in Palm Beach County is crucial, especially now that these cases are handled with the same intensity and structure as DUIs.
Why the Palm Beach County BUI Division Was Created
According to Administrative Order 4.912, the creation of this division was necessary to:
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Ensure consistent application of law regarding administrative BUI refusals,
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Promote judicial efficiency, and
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Provide a dedicated forum for the increasing number of BUI refusal cases.
This reflects Florida’s growing focus on waterway safety, especially during peak boating months and holidays when BUI enforcement campaigns are at their highest.
The Legal Landscape: BUI vs. DUI
While BUIs and DUIs share many similarities, they differ in several key respects:
| Aspect | DUI | BUI |
|---|---|---|
| Location | Public roadways | Navigable waters |
| Testing | Breath, blood, urine | Breath, blood, urine |
| License impact | Driver’s license suspension | Boating privilege suspension |
| Enforcement agencies | Police, Sheriff, FHP | FWC, Marine Units |
| Governing statutes | § 316.193, F.S. | § 327.35, F.S. |
The new division effectively brings BUI enforcement in line with DUI procedures, signaling that the courts see both offenses as serious threats to public safety.
Contact Our Palm Beach County BUI Lawyer for Help
At The Law Offices of Matthew Konecky, P.A., we’ve represented countless clients charged with DUI and BUI throughout Palm Beach County. With the creation of this new division, the administrative side of your BUI case — especially a refusal — now demands immediate and strategic attention.
Our experienced Palm Beach County BUI lawyer can help you:
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Challenge the legality of the stop or arrest
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Contest an alleged refusal or test result
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Represent you in both administrative and criminal proceedings
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Protect your boating privileges and your record
If you’ve been cited or arrested for Boating Under the Influence, don’t face it alone. The system just got more organized — and more aggressive — in pursuing these cases. Let us help you navigate it.
Contact us online or give our office a call at 561-671-5995 to speak with a member of our team right away!
