Name: LegalService
Item: Shealey Law Firm
Rating: 5
Author: Aaron

Drive a motor vehicle while intoxicated, and you may face drunk driving charges. But is the same true for a boat? Can you get a DUI on a boat in South Carolina?

Shealey Law Firm explains boating under the influence laws in South Carolina.

Can You Get a DUI on a Boat in South Carolina?

You can get a boating under the influence charge in South Carolina, but the charge is slightly different than DUI. Drunk operation of a boat is a different criminal charge than drunk driving of a motor vehicle. If you are accused of operating a boat under the influence, you will be charged with BUI.

BUI – Boating Under the Influence in South Carolina

You can get a boating under the influence (BUI) charge if you operate a boat while intoxicated.
You won’t be charged under South Carolina drunk driving laws for motor vehicles. You’ll be charged under South Carolina drunk boating laws.
If you get a BUI on a boat in South Carolina, you face significant penalties that may include jail time.
You have the right to fight the charges against you, including taking your case to trial.
Just like drunk driving implied consent laws, there are implied consent laws for boating. If you refuse to take an alcohol test when law enforcement suspects you of drunk boating, your privilege to operate a boat will be suspended. You have the right to an administrative hearing.

At Shealey Law Firm, our lawyers represent people who have been charged with drunk operation of a boat. Contact us today about your case.

What is the South Carolina Law for BUI?

S.C. Code § 50-21-112 is the boating under the influence (BUI) law in South Carolina. The law prohibits operating a boat while under the influence of alcohol, drugs, or a combination of alcohol, drugs, or other substances when the operator’s faculties are materially and appreciably impaired.

SC Drunk Boating Law

To be in violation of South Carolina’s drunk boating law, you must meet four points:

Operate
A boat – a motorized boat or water device under sail
While under the influence of:
1. Alcohol
2. Drugs
3. Drugs and other substances
4. Alcohol and other substances
5. Alcohol, drugs, and other substances
To the extent that your faculties to operate are materially and appreciably impaired.

There is no bodily alcohol content indicating automatic guilt of boating under the influence. The law says that if your bodily alcohol content is .08% or higher, it’s inferred that you were impaired by alcohol. If your bodily alcohol content is .051-.08%, there is no inference. At a bodily alcohol content of .05% or below, there is an inference that the person was not under the influence.

For the purposes of the law, drugs may include any illicit drug.

What Are the Penalties for Drunk Boating in South Carolina?

Penalties for drunk driving a boat in South Carolina include the following:

First offense

Misdemeanor
$200 fine, or
48 hours to 30 days in jail
Six-month suspension of boating privileges
Completion of Alcohol and Drug Safety Action and recommended treatment before reinstatement of boating privileges

Community service may be served in lieu of jail, but the court may not require it.

Second offense

Misdemeanor
$2,000-$5,000 fine, may be suspended to $1,000
48 hours to one (1) year in jail
One-year suspension of boating privileges
Completion of Alcohol and Drug Safety Action and recommended treatment before reinstatement of boating privileges

The court may require 10 days public service employment instead of jail.

Third offense

Misdemeanor
$3,500-$6,000 fine
60 days to three (-3) years imprisonment
Two-year suspension of boating privileges
Completion of Alcohol and Drug Safety Action and recommended treatment before reinstatement of boating privileges

For prior convictions and suspension of boating privileges, the lookback period is 10 years. If your previous conviction is more than 10 years old, it should not count as a prior offense. A conviction at trial, guilty plea, or no contest plea counts as a prior conviction within the lookback period.

S.C. Code § 50-21-113

S.C. Code § 50-21-113 is the South Carolina law for boating while intoxicated causing great bodily injury, death or property damage.

BUI Causing Great Bodily Injury

Felony
$5,000-$10,000 fine
30 days to 15 years imprisonment
Three-year suspension of boating privileges following imprisonment

Great bodily injury is bodily injury carrying substantial risk of death, or which causes serious, permanent disfigurement, or the protracted loss or impairment of any function of the body or organ.

BUI Causing Death

Felony
$10,000-$25,000 fine
One (1) year to 25 years imprisonment
Three-year suspension of boating privileges following imprisonment

BUI Causing Property Damage

Misdemeanor
$500 or more fine
Up to 30 days jail
One-year suspension of boating privileges

Get Legal Help

You can get a DUI on a boat – and it can be costly. Shealey Law Firm can defend you. Contact us now for legal help.

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Ashley

Luke and his team worked tirelessly on my case and were able to turn a 30 year sentence into a 500 dollar fine. He even helped me with my expungement paper free of charge after my case was resolved. Will always be grateful to Luke and his team.

Aaron

The Shealeys are very pilot oriented respectful lawyers. They always put there clients best interest first and are very good at what they do. They stand up for what’s right and are not just about the money. They fought hard to keep my family together and thanks to them my son has the chance to start his life over again on the right track. Blessed Angel’s in suits. If your in any trouble rather it be civil to criminal I would suggest the best 2 lawyers in the city of Columbia, matter fact the state of South Carolina, matter fact the world contact the Shealeys.

Joseph

I couldn’t be happier with my choice of Shealey Law Firm! Brian was extremely helpful throughout the process in answering questions and keeping me up to date on my case. They are very good people and seemed to genuinely care about my case and helping me. Most importantly, he was able to get the results I wanted. You will not regret using Shealey Law Firm!

Jami

Brian and Luke are thorough and professional, it was easy to communicate with them, and they are great people to deal with. I am very pleased with the outcome of my case because of their exceptional work. I would absolutely use their services again and highly recommend to anyone.

Matthew

I would HIGHLY recommend this law firm. They treated me like family! Answered all my questions. In my opinion they are the BEST in the business!