Being on the water is a popular activity in Florida, but a fun day out can quickly turn tragic when boating under the influence of alcohol is involved. Many injury victims are surprised to learn there is a legal difference between intoxication and impairment in the context of boating accidents. Learning how the law defines these terms is important because it affects both criminal responsibility and the ability to recover damages in a personal injury case.
Below, we break down what each term means and why the difference matters if you or a loved one has been hurt in a boating accident involving alcohol.
What Is Impairment?
Impairment generally refers to a person’s reduced ability to operate a boat safely due to alcohol or drugs. Florida law does not require a specific blood alcohol concentration (BAC) to prove impairment. Instead, if alcohol use affects a person’s judgment, reaction time, balance, or coordination, they can be considered impaired.
Signs of impairment may include:
- Slurred speech or difficulty communicating
- Slow reaction times
- Poor decision-making while navigating
- Inability to maintain proper speed or direction
- Balance or coordination issues
Having just one or two drinks may cause noticeable impairment in some people. This means a boater can be considered unsafe to operate a vessel well before reaching the legal threshold for intoxication.
What Is Intoxication?
Intoxication is a more specific legal standard. In Florida, a boater is considered legally intoxicated if they have a BAC of 0.08% or higher. For operators under 21, Florida enforces a “zero tolerance” policy, meaning any measurable amount of alcohol can result in penalties.
Unlike impairment, intoxication is proven through scientific testing, such as breath or blood results. This bright-line rule makes it easier for prosecutors to prove criminal liability in boating under the influence (BUI) cases.
Many BUI cases end in a fatality — if a loved one passed away due to an intoxicated boat driver, contact the Fort Myers wrongful death attorneys today to get them the justice they deserve.
The Impact of This Distinction on Personal Injury Cases
The difference between impairment and intoxication can play a big role in your injury claim. Each of them can prove that the boater acted negligently, but they may affect how the case is argued and how much compensation is available.
If the boater was impaired, even with a BAC under the legal limit, you can still argue that alcohol use made them unsafe and directly caused the accident. On the other hand, a confirmed intoxication level (0.08% or higher) creates stronger evidence of wrongdoing. In some cases, it can even open the door for punitive damages, which are meant to punish reckless or dangerous conduct.
The bottom line is that either way, you may have a valid case for compensation. An attorney can help you determine your best course of action for recovering maximum compensation.
Contact Our Fort Myers Boating Accident Lawyer for a Free Case Review
When a boating accident happens because someone chose to drink, the difference between impairment and intoxication can play a major role in proving fault. Both can put lives at risk, and both can open the door to liability as well. If you were injured in one of these accidents, you may have the right to hold the responsible party accountable for all of your damages.
Contact Garvin Injury Law today to get started with a free consultation. We have 50 years of experience and have recovered millions for our clients to date.