As summer approaches and the waters beckon, it is important to understand the laws governing boating under the influence (BUI) in South Carolina. Many people do not realize that operating a boat while under the influence of alcohol or drugs can result in serious legal consequences. At Touma Law Group, we want people to understand their rights and obligations when it comes to boating safety and BUI laws in South Carolina.
If you or a loved one has been charged with boating under the influence in South Carolina, it is wise to speak with a criminal defense attorney in Columbia who handles BUI cases. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on the general information on this page.
Call us at (803) 879-4499 to schedule a consultation and talk about your rights and your BUI charge.
Laws for Boating Under the Influence in South Carolina
Under South Carolina law, it is unlawful to operate a moving motorized water device, or a water device under sail, on the waters of this State while your faculties to operate it are materially and appreciably impaired by alcohol, by another drug, or by a combination of the two (S.C. Code Ann. § 50-21-112). Similar to driving under the influence (DUI) laws, BUI laws aim to prevent accidents and promote safety on the water.
The BUI statute is built on impairment, not on a single number. A blood alcohol concentration (BAC) of 0.08% or more may be used to infer that a person was under the influence of alcohol. A reading above 0.05% but below 0.08% does not give rise to an inference either way, but it may be considered with other evidence. A reading of 0.05% or less is conclusively presumed not to show alcohol impairment (S.C. Code Ann. § 50-21-114(B)). A person can still be charged when the State relies on other evidence that alcohol or drugs impaired their ability to operate the boat.
The penalties for BUI are set by a different statute than the penalties for a DUI in South Carolina. A BUI conviction can lead to a fine, jail time, and the loss of your privilege to operate a boat. The penalty depends on whether you have prior offenses within the last ten years and on whether anyone was injured or killed.
Boating under the influence can have serious legal consequences, so it is important for boaters to understand and follow South Carolina’s BUI laws to protect themselves and others on the water. If you are facing BUI charges, speaking with an attorney can help you understand your rights and the legal process.
Do You Have to Take a Breathalyzer on the Water?
In South Carolina, a person who operates a water device is considered to have given consent to chemical tests of breath, blood, or urine if the person is arrested for an offense arising out of operating the water device under the influence of alcohol, drugs, or both (S.C. Code Ann. § 50-21-114(A)). This is similar to the implied consent law for driving a motor vehicle. The arresting officer must first offer a breath test. A blood sample may be taken if the person cannot provide an acceptable breath sample, and a urine sample may be ordered if the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol.
Before a test is given, the person must be told that they do not have to take the test or give a sample, but that their privilege to operate a water device must be suspended or denied for 180 days if they refuse. A person who refuses is not given the test. The state agency that handles boating privileges suspends the privilege for 180 days on the officer’s report, and the person may request a hearing on the suspension (S.C. Code Ann. § 50-21-114(E) and (F)). A refusal can also be used as evidence at trial.
A person who takes a test may have a qualified person of their own choosing conduct additional tests at their own expense, and the arresting officer must provide reasonable assistance in contacting that person (S.C. Code Ann. § 50-21-114(A)(4) and (5)). Talking with an attorney can help boaters understand their rights and the possible consequences of a BUI charge.
Legal Penalties for Boating Under the Influence
BUI in South Carolina carries criminal and administrative penalties. A conviction under S.C. Code Ann. § 50-21-112 is a misdemeanor. The punishment grows with each prior offense that occurred within the ten years before the date of the last offense.
Jail time
Yes, a person can face jail time for boating under the influence in South Carolina. For a first offense, the statute provides for a fine of $200 or imprisonment for not less than 48 hours and not more than 30 days. In place of the 48-hour minimum, the court may provide for 48 hours of public service employment. A second offense carries imprisonment of not less than 48 hours and not more than one year, and a third offense carries imprisonment of not less than 60 days and not more than three years. No part of the minimum sentences may be suspended.
Learn More: What Should You Do After a DUI?
Given the potential for jail time and other serious consequences, it is important for people facing BUI charges to talk with an attorney who can explain the charge and the options available.
Fines
The fine depends on the number of prior offenses. A first offense carries a fine of $200 (or imprisonment, as described above). A second offense carries a fine of $2,000 to $5,000, and a third offense carries a fine of $3,500 to $6,000 (S.C. Code Ann. § 50-21-112(B)).
A fee of $50 is also assessed at sentencing against a person convicted of BUI (S.C. Code Ann. § 50-21-114(A)(6)). In addition to fines, a person convicted of BUI may face court costs, the cost of the required programs, and restitution for damage caused by the offense.
Suspension of Boating Privileges
A person convicted of BUI loses the privilege to operate any water device in South Carolina for six months for a first conviction, one year for a second conviction, and two years for a third conviction. The person must also complete an Alcohol and Drug Safety Action Program, which includes an assessment and a plan of education or treatment, and a boating safety education program before the privilege is restored (S.C. Code Ann. § 50-21-112(C)). The South Carolina Department of Natural Resources also offers boater education information.
Operating a water device while the privilege is suspended is a separate misdemeanor with its own penalties (S.C. Code Ann. § 50-21-117). If you are facing BUI charges, a licensed South Carolina attorney can explain how these penalties may apply to you.
Can a BUI Charge Be a Felony?
A BUI under S.C. Code Ann. § 50-21-112 is a misdemeanor, including a second or third offense. A boating under the influence case becomes a felony when the person, while under the influence, operates or is in actual control of a moving water device and causes great bodily injury or death to another person (S.C. Code Ann. § 50-21-113).
The statute sets these mandatory penalties:
- Great bodily injury: a mandatory fine of $5,000 to $10,000 and mandatory imprisonment of not less than 30 days and not more than 15 years.
- Death: a mandatory fine of $10,000 to $25,000 and mandatory imprisonment of not less than one year and not more than 25 years.
No part of these mandatory sentences may be suspended, and probation may not be granted for any portion. The statute defines “great bodily injury” as bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. If the person causes property damage, or an injury that is not a great bodily injury, the offense is a misdemeanor under the same section. A death can also lead to a charge of reckless homicide by operation of a boat (S.C. Code Ann. § 50-21-115).
Each case is unique, and the specific facts of the incident determine the charge. If you are facing a serious injury or death charge, speak with a licensed South Carolina attorney as soon as possible. For driving cases, see our page on felony DUI.
What Happens if Law Enforcement Thinks I’m Boating Under the Influence?
If law enforcement suspects that you are boating under the influence of drugs or alcohol in South Carolina, officers may signal your vessel or approach it for a safety check or an investigation. The operator and crew of any watercraft in state waters are required to heave to when signaled or hailed and allow boarding by law enforcement officers, and a violation is a misdemeanor (S.C. Code Ann. § 50-21-175). A person approached by a vessel flashing a blue light must stop or maneuver to permit boarding, as far as possible without endangering the vessel (S.C. Code Ann. § 50-21-85). Whether a particular boarding was lawful is a legal question that an attorney must review. During the stop, officers may observe your behavior, check for signs of impairment, and conduct field sobriety tests. They may also ask you to take a breath test to measure your BAC.
Related: How to Choose a DUI Lawyer
If officers believe they have probable cause that you are operating a vessel while impaired, they may arrest you and take you into custody. You may then be taken to a law enforcement facility for further testing and processing. Depending on the results of chemical tests and other evidence, you may be charged with BUI and face legal proceedings.
If you are stopped for a suspected BUI, you should know your rights. If you are arrested for BUI, it is wise to speak with an attorney as soon as possible.
Talk to Our Attorneys if You Have Been Charged With BUI
If you are facing a BUI charge, it is important to get legal advice from an attorney who knows South Carolina’s BUI laws. Our team at Touma Law Group represents South Carolinians charged with boating under the influence.
We will review the details of your case and talk with you about your legal options. A licensed South Carolina attorney at the firm must review the facts of your case before you rely on this general information.
Contact our Columbia DUI attorneys to schedule a consultation and talk about your charge.
