BUI Manslaughter vs. Vessel Homicide in Florida

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drunk Driving/DUI Social Share

In Florida, BUI (boating under the influence) manslaughter and vessel homicide are both extremely serious felony offenses that carry heavy penalties. Though both involve the death of a victim (or multiple victims) in connection to a vessel, there are key distinctions between the elements of these crimes and defenses. 

This article will discuss the elements, criminal penalties, and available defenses to those charged with BUI manslaughter or vessel homicide in Florida.

Under Fla. Stat. Section 327.02, a vessel is defined as “every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.” This includes boats of any kind, jet skis, and all watercraft capable of transportation (whether privately owned, commercial or recreational).

BUI manslaughter is governed by Fla. Stat. Section 327.35(1). The law criminalizes operation of a vessel that results in the death of a victim (including an unborn child) by someone under the influence.

For guilt to be proven, the State must establish all of the following elements beyond a reasonable doubt:

• The defendant operated a vessel
• The defendant was under the influence of alcohol (greater than or equal to a BAC of 0.08 grams per 100 mL of blood/210 mL of breath/67 mL of urine), or under the influence of controlled or chemical substances that impaired their normal faculties
• The defendant’s operation of the vessel while impaired caused or contributed to the death of a person or unborn child (at any stage in fetal development)

Important: No intent to kill – or even reckless operation – is required to be shown for someone to be found guilty of vessel homicide. This is a strict liability offense, so if all the elements are met, the jury must convict.

As noted in the elements of the offense, BUI manslaughter extends beyond an operator of a vessel being under the influence of alcohol specifically. The law still applies if the death occurs while someone is under the influence of another chemical or controlled substance. This includes any illegal drug or even a prescription medication.

However, the key to whether BUI manslaughter can be established is not simply whether someone was found to have traces of a substance in their system (such as a prescription medication), but whether their normal faculties were impaired as a result of the substance, which must be proven by the State.

Note: If a defendant blew above a 0.08 BAC (blood alcohol content) or the equivalent on a urinalysis or a blood draw, this provides a presumption of impairment for BUI (if the all other elements of the offense are satisfied) – even if the defendant did not actually physically seem impaired at the time of the accident. 

BUI manslaughter is a second-degree felony in Florida, punishable by up to 15 years in prison and a $10,000 fine. If the operator knew or should have known the accident occurred and failed to stop, give information to relevant authorities or render aid to the victim (as required by Fla. Stat. Section 327.30), it is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.

Moreover, BUI manslaughter has a mandatory minimum of 4 years in prison if someone is convicted. Additional consequences of a BUI manslaughter conviction include:

• Permanent revocation of the defendant’s boating license
• Potential civil lawsuits stemming from the fatal collision, pursuant to Fla. Stat. Section 768.21
• Collateral employment or immigration consequences

There are many defenses to BUI manslaughter that may be available depending on the facts of a particular case. These may include:

• No actual operation: The defendant was not actually operating the vessel (such as a passenger, so long as they are not the captain, who is responsible for the vessel and thus considered an operator)
• Challenging BAC readings: The State must establish that the defendant’s BAC was above 0.08 at the time of the alleged incident. If the facts indicate the BAC was lower at the time (such as the defendant consuming a beer or substance immediately before the collision, then receiving a test as their BAC peaks), this could be a valuable defense
• Procedural defenses: Preventing post-arrest statements that may hurt the defendant from being admitted in court (due to Miranda violations) or suppressing evidence based on it being obtained unconstitutionally (Wong Sun v. United States, 371 U.S. 471 (1963))
• No causation: Courts consider 1) whether the prohibited result of the defendant’s conduct (death) is beyond the scope of any fair assessment of danger created and 2) whether it would be otherwise unjust based on fairness and policy considerations to hold the defendant responsible. This is more a dispute in vessel homicide cases with a higher criminal liability threshold (recklessness required), but may also be relevant in a BUI manslaughter case. State v. Hubbard, 751 So. 2d 552 (Fla. 1999)
• No actual impairment: If the defendant has a BAC below 0.08 (or has trace amounts of another substance in their system) and was not impaired at the time (behaving normally, not stumbling around, no slurring words, etc.), this can be a potent defense

However, certain arguments are not recognized as legally valid defenses in Florida to BUI manslaughter. These include: 

• Lack of recklessness: Even if the defendant was “careful,” if a victim died and they were under the influence in accordance with the statute, the defendant may be found guilty
• Ignorance of impairment: Even if someone did not realize how impaired they were, this does not constitute a valid defense if impairment is proven by the State (by showing BAC >0.08, physical symptoms, etc.)
• Victim’s conduct: If the impairment contributed to the death, the victim’s actions or inaction may reduce civil culpability (such as the victim failing to wear a life jacket) but this does not absolve the defendant of criminal responsibility

BUI manslaughter is a subset of vessel homicide charges in Florida (Fla. Stat. Section 782.072). However, there are key differences between vessel homicide and BUI manslaughter.

For vessel homicide (if the vessel operator is not under the influence) to be proven, the State must prove the following beyond a reasonable doubt:

• The defendant’s actions resulted in the death of a human being or unborn child (at any stage of development in the womb under Fla. Stat. Section 775.0213(e))
• The defendant was operating a vessel at the time (boat, airboat, etc.)
• The defendant operated the vessel in a manner that showed wanton disregard for the safety of others, and in a manner likely to cause death or great bodily harm (recklessly) 
• The defendant’s reckless operation caused or contributed to the death of the victim

Vessel homicide is also a second-degree felony (punishable by up to 15 years in prison and a $10,000 fine). If someone fails to stop, report the accident or render aid, this is a first-degree felony (punishable by up to 30 years in prison and a $10,000 fine). However, vessel homicide does not have a 4-year statutory mandatory minimum sentence. 

The key differences between vessel homicide and BUI manslaughter include:

• Operation under the influence: BUI manslaughter requires proof that the operator had a prohibited BAC or their normal faculties were otherwise impaired – vessel homicide does not require impairment
• Recklessness: BUI manslaughter does not require the operator of the vessel to have been reckless, as impairment and death of a victim violates the statute. Vessel homicide, on the other hand, requires the operator to have been reckless 
• Penalties: While BUI manslaughter and vessel homicide are both second-degree felonies that are enhanceable to first-degree felonies under Fla. Stat. Section 327.30, BUI manslaughter has a mandatory minimum of 4 years and requires revocation of the defendant’s boating license (vessel homicide does not legally mandate this)

Defenses to vessel homicide (Fla. Stat. Section 782.072) may include:

• Lack of recklessness: If no reckless operation, the statute is not violated (unlike BUI manslaughter)
• Causation issues: Like with BUI manslaughter, the State must prove the defendant’s operation of the vessel was responsible for the victim’s death in accordance with State v. Hubbard, 751 So. 2d 552 (Fla. 1999)
• Medical episode or emergency (if unforeseeable and resulted in the operator of the vessel losing control, causing a fatal accident)
• Mechanical failures: Malfunctions of the vessel negate recklessness, unless the operator knew the part (such as brakes) was faulty and operated the vessel anyway
• No actual operation of the vehicle/vessel and not the captain
• Procedural defenses: Motions to suppress statements pursuant to Miranda violations or suppressing evidence based on Fourth Amendment violations

Note: The Florida Legislature just passed a law (effective October 1, 2025) that enhances penalties for repeat BUI manslaughter and vessel homicide offenders. A second BUI manslaughter or vessel homicide offense is now automatically a first-degree felony punishable by up to 30 years (previously was still a second-degree felony even for a repeat offense).

In sum, BUI manslaughter and vessel homicide are similar offenses with key differences. BUI manslaughter requires proof of impairment of a vessel operator (such as BAC test or observation of impairment combined with positive drug/alcohol tests) and the death of a victim. 

Vessel homicide requires no such impairment of a vessel operator, but reckless operation of the vessel must occur (in a manner likely to cause death or great bodily harm). Both offenses are second-degree felonies and enhanceable to first-degree felonies if there is failure to report, stop, or render aid. Repeat offenses are also considered first-degree felonies as of October 2025.

Defenses to BUI manslaughter include no operation, BAC/testing challenges, no impairment, and lack of causation. Defenses to vessel homicide include lack of recklessness, mechanical failures, medical emergencies, no actual operation, causation disputes, and more. One or more of these defenses may be applicable in a given case, making it critical to consult an experienced and aggressive defense attorney.

It is critical to find experienced and trusted legal representation as soon as possible if someone is charged with BUI manslaughter or vessel homicide. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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