Available 24/7
Boating under the influence (BUI) in South Carolina is the crime of operating a boat while under the influence of alcohol, drugs, or a combination of substances. Boating under the influence in South Carolina is a violation of S.C. Code § 50-21-112.
Our experienced Columbia BUI lawyers at Shealey Law Firm explain.
Definition—BUI in South Carolina
- Operating
- Motorized water device or boat under sail
- Under the influence of alcohol, drugs, or other substances
- To the extent that the person’s faculties to operate are materially and appreciably impaired
Can you get a DUI on a boat in South Carolina?
You can get a DUI on a boat in South Carolina, but the drunk boating law is separate from the drunk driving law for motor vehicles. Even though they are separate laws, the standard is similar—that the person was under the influence of substances to the extent that their faculties to operate were materially and appreciably impaired.
Can you get a BUI for a sailboat in South Carolina?
Yes. The South Carolina boating under the influence law covers sailboats. Motorized vessels and vessels under sail are covered by the BUI law. Small, non-motorized boats like canoes, kayaks, and fishing boats are not covered.
How BUI Laws Compare to DUI Laws
South Carolina Drunk Driving & Drunk Boating Comparison Chart
| Issue | DUI – driving | BUI – boating |
| Probable cause required to stop? | Yes | No |
| Legal standard | Under the influence to the extent that faculties to operate are materially and appreciably impaired | Under the influence to the extent that faculties to operate are materially and appreciably impaired |
| What’s covered? | Alcohol, drugs, or a combination of substances | Alcohol, drugs, or a combination of substances |
| Jail for first offense | 48 hours – 30 days, or community service | 48 hours – 30 days, or community service |
| Driver’s license suspension | Yes, with an ignition interlock or provisional license, if qualified | No |
| Boating privileges suspended | No | Yes |
| Escalating penalties for repeat offenses | Yes | Yes |
| DUI per se (.08%) law | Yes | No, but an inference of intoxication |
| Implied consent law | Yes | Yes |
| More serious charges for property damage, injury, and death | Yes | Yes |
Legal Blood Alcohol Limits for Boat Operators
Does South Carolina have a legal limit for boat operators? Sort of.
In South Carolina’s motor vehicle drunk driving law, a person operating with an alcohol content of .08% or more is automatically guilty (S.C. Code § 56-5-2933).
The drunk boating law doesn’t automatically make a person guilty if they are over .08%. Instead, the law creates an inference that the person was under the influence of alcohol. The inference may be refuted by or considered along with other evidence.
Penalties for Boating Under the Influence in SC
Boating under the influence of alcohol in South Carolina is a misdemeanor.
1st offense
48 hours – 30 days jail or a $200 fine
Six-month boating privilege suspension
The court may order 48 hours of community service instead of jail. The court must allow the defendant to serve jail or community service without interfering with regular employment. The court may not require community service instead of other penalties.
2nd offense
48 hours – one year jail and $2,000-$5,000 fine. The minimum fine may be suspended to $1,000. The court may allow 10 days of community service instead of jail.
One-year boating privilege suspension
3rd offense
60 days – three years jail and $3,500-$6,000 fine
Two-year boating privilege suspension
BUI boating privileges suspension
A person whose boating privileges are suspended must complete an alcohol safety program before reinstatement. They must also have an assessment of treatment and education needs.
Boating safety education
All offenders must complete a boating safety education course. Boating privileges are suspended until completion.
Prior offenses
Only offenses within 10 years count as prior offenses for charging enhancements.
Related Offenses
BUI causing property damage
BUI causing property damage is a misdemeanor in South Carolina.
Up to 30 days in jail and a $500 fine.
One-year boating suspension
BUI causing great bodily injury or death
BUI causing great bodily injury or death is a felony in South Carolina.
Great bodily injury—30 days-15 years jail and $5,000-$10,000 fine, three-year boating suspension
Death—One-year-25 years prison, $10,000-$25,000 fine, three-year boating suspension
Reckless homicide by operation of a boat
Up to 10 years in prison and $1,000-$5,000 fine
Up to five years of boating privileges suspension
How a BUI Conviction Can Impact Your Driving Privileges
A BUI conviction doesn’t directly impact driving privileges in South Carolina. In some states, a DUI on a boat results in a suspension of the person’s driver’s license. That’s not the case in South Carolina. A boating under the influence charge in South Carolina suspends only boating privileges, not driving privileges.
Some states treat drunk driving and drunk boating interchangeably for charging enhancements.
South Carolina doesn’t. Only prior boating under the influence charges count for enhanced BUI charges. Similarly, only prior motor vehicle DUIs count for drunk driving charge enhancements.
Contact an Experienced Columbia Criminal Defense Lawyer
Boating under the influence in South Carolina is a serious criminal offense. You can have the help of an experienced Columbia criminal defense lawyer to protect your rights and fight the charges against you. Call or message Shealey Law Firm.