.02 Legal Limit for Boating Under 21 Years Old

What happens when a person under the age of 21 years old operates a vessel? The under 21 year old operator might:

• served with a uniform boating citation noncriminal infraction under § 327.355/§ 327.73; and/or
• charged with the crime of BUI under Section 327.35.

Florida law states that a boater under 21 years of age cannot legally operate a boat if he or she has a breath alcohol concentration (BAC) of 0.02% or higher.

The statute governing the 0.02% breath-alcohol limit for boaters under the age of 21 is Section 327.355, Florida Statutes (Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages).

Section 327.355(1)(a)) makes it unlawful for any person under the age of 21 who has a breath-alcohol level (BAL) of 0.02 or higher to operate or be in actual physical control of a vessel on Florida waters.

Section 327.355(1)(b)) authorizes a law enforcement officer who has probable cause to believe an underage boater has consumed alcohol to lawfully detain the person and request a breath test to determine their BAL.

Section 327.355(4) makes a violation of this section is classified as a noncriminal infraction, punishable as provided in Section 327.73, F.S. (unlike an administrative license suspension under motor vehicle law or a criminal BUI).

When cited solely for the 0.02 noncriminal infraction under Section 327.355, the accused must:

• participate in public service or a community work project for a minimum of 50 hours; and
• refrain from operating any vessel until the 50 hours of community service or public service has been completely performed.

Operating a vessel while operating privileges are suspended under § 327.355 constitutes a first-degree misdemeanor under Florida law (§ 775.082 or § 775.083, F.S.).

By operating a vessel on Florida waters, any person under 21 is deemed to have given consent to submit to an approved breath-alcohol test.

Refusing to submit to a lawful breath test after receiving the required statutory warning is a violation of Section 327.355(1), triggering the mandatory 50 hours of community service and the suspension of vessel operating privileges until completed. A refusal on the water also subjects the operator to a $500 civil penalty under § 327.35215, F.S.

Being cited for the noncriminal 0.02 infraction under § 327.355 does not preclude criminal prosecution for Boating Under the Influence (BUI) under Section 327.35, Florida Statutes, if the operator’s normal faculties are impaired.

If an underage boater exhibits impairment of normal faculties or registers a BAL of 0.08 or higher, law enforcement can bypass or supplement the noncriminal citation with a full criminal BUI arrest under § 327.35, exposing the boater to criminal misdemeanor penalties (probation, criminal fines, vessel impoundment, and up to 6 months in jail for a first offense).

In other words, the operator might be issued a uniform boating citation noncriminal infraction under § 327.355/§ 327.73 or accompanied by a formal information for the crime of BUI under Section 327.35.

Read more about the civil consequences of driving with a BAC of .20 or higher.

This article was last updated on Monday, October 5, 2026.