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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Boating Accidents

In Florida, a vessel operator is presumed to be under the influence if their blood or breath alcohol level is at or above .08. Some states, like Missouri, have a .08 level for operating an automobile, but .10 for boat operation.

What happens if a boat is in an accident and the driver is rendered unconscious? The fact is that the FWC will try to use a blood test, and project backwards to the time of the accident. The problem is that there is no scientific evidence on the rate of alcohol absorbtion of a person who is unconscious. All alcohol absorbtion tables which the State currently uses are based upon conscious subjects.