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Johnathan MWhat Is Boating Under the Influence in South Carolina?
South Carolina Code Section 50-21-112 makes it illegal to operate a motorized or sail-equipped watercraft on the state’s waters while under the influence of alcohol or drugs. The measure of impairment is identical to DUI: your faculties to operate the vessel must be “materially and appreciably impaired.”
The law recognizes three types of impairment:
Alcohol impairment where your ability is materially impaired.
Impairment from drugs or a combination of drugs.
Impairment from both alcohol and drugs.
For BUI cases, the same 0.08% blood alcohol concentration (BAC) threshold applies, just as with DUI. A BAC of 0.08% or higher can lead to charges. If your BAC is 0.05% or lower, you’re presumed not impaired. Readings between 0.05% and 0.08% fall into an uncertain zone where prosecutors depend on additional evidence.
In South Carolina, watercraft fall under implied consent laws like motor vehicles. If an officer has probable cause to believe you’re operating a vessel impaired, you must submit to chemical testing. Refusing the test triggers its own penalties, such as suspension of your boating privileges.
The South Carolina Department of Natural Resources (SCDNR) and local law enforcement patrol lakes and rivers throughout the state. Lake Hartwell, Lake Keowee, and the Saluda River are all within reach of Greenville County. Officers especially enforce BUI laws during busy summer holidays and popular boating events.
Penalties for Boating Under the Influence in Greenville, SC
BUI penalties under SC Code 50-21-112 are similar to those for standard DUI, increasing with each offense within a ten-year lookback period.
First Offense BUI: A first offense is a misdemeanor. You face a fine up to $200 or jail time ranging from 48 hours to 30 days. The court might substitute 48 hours of public service for minimum jail time. Additionally, SCDNR will suspend your boating privileges for six months, requiring you to complete an Alcohol and Drug Safety Action Program (ADSAP) for reinstatement. You’ll also need to finish a boating safety course at your own cost.
Second Offense BUI: A second BUI conviction within ten years remains a misdemeanor but carries higher consequences. Penalties include a fine between $2,000 and $5,000 (not less than $1,000 may be suspended), plus imprisonment from 48 hours to a year. The court may order at least ten days of public service instead of jail time. Boating privileges will be suspended for a year.
Third Offense BUI: A third conviction within ten years results in fines from $3,500 to $6,000 and mandatory imprisonment from 60 days to three years. Boating privileges are suspended for two years.
BUI Causing Great Bodily Injury or Death: If a BUI incident results in serious injury or death, it’s classified as a felony under SC Code Section 50-21-113. For great bodily injury, mandatory fines range from $5,000 to $10,000, with imprisonment from 30 days to 15 years. If death occurs, fines increase to $10,000 to $25,000, with prison terms from one to 25 years. Mandatory minimum sentences under SC Code 50-21-112 cannot be suspended.
How BUI Cases Are Prosecuted in Greenville County
A BUI stop typically begins when SCDNR officers or local law enforcement notice erratic boat operation, receive reports of a vessel in distress, or conduct routine safety inspections. Unlike traffic stops, officers on the water don’t need to observe a violation before boarding your vessel for a safety check. This gives them more latitude compared to a typical DUI stop.
Once impairment is suspected, officers may conduct field sobriety tests adapted for the marine environment. Tests may include horizontal gaze nystagmus (HGN), a seated balance test, and counting exercises. The marine environment, sun exposure, wind, and wave motion can affect these tests, which a jury must understand.
If the case goes to court, BUI charges in Greenville County are usually handled in the Court of General Sessions for felonies or at the magistrate level for misdemeanors. First and second offense BUI cases might be tried in magistrate court, while felony cases involving death or serious injury move through the 13th Judicial Circuit, where stakes are higher.
Prosecutors rely on BAC readings, officer observations, video footage, and witness testimony. South Carolina law mandates video recording of your actions at the testing site, which can either support or undermine the case against you.
A previous DUI conviction can be counted as a prior BUI offense for sentencing under SC Code 50-21-112(E), and the reverse applies: a BUI conviction counts if you’re later charged with First Offense DUI on land.
Defense Strategies for BUI in South Carolina
A BUI charge doesn’t guarantee a conviction. Several defense strategies can be effective.
Challenge the stop or boarding. While officers have broader authority during water-based inspections, constitutional limits still exist. If the boarding was unjust or a pretext, evidence gathered afterward might be suppressible.
Attack the field sobriety tests. Land-designed field sobriety tests may not hold in marine environments. Conditions like instability, sun glare, and fatigue can mimic intoxication signs. A skilled attorney may use professional testimony or cross-examine officers on these factors.
Challenge the BAC reading. To be admissible, breathalyzer equipment must be properly maintained and operated by certified technicians. If the device was not calibrated or the officer lacked proper certification, BAC results may be challenged.
Question the chain of custody. For blood or urine samples, the state must prove proper collection, storage, and testing. Any break in the chain raises doubt about the reliability of results.
Examine the video recording. Video recording is required during DUI-related tests. This principle applies in BUI cases involving breath tests. If the recording contradicts the officer’s account, it’s compelling impeachment evidence.
If your case involves drug-related impairment, consult a Drug Lawyer to address these specific charges.
Why You Need a BUI Lawyer in Greenville
A BUI conviction in South Carolina leaves a permanent mark. It’s not a minor citation you can ignore. It impacts your ability to apply for jobs, professional licenses, and housing.
A felony BUI conviction for causing bodily harm or death mandates prison time without probation or suspension possibilities. Along with years of boating privilege suspension, an IID requirement applies before reinstatement.
If you have prior Second Offense DUI or Third Offense DUI convictions, those can elevate your BUI to a higher offense tier, resulting in longer sentences and heavier fines.
There are questions about whether a BUI conviction might affect the expungement of other charges on your record. Consult with an attorney for clarity.
An attorney familiar with Greenville County courts, the SCDNR enforcement process, and specific BUI statutes in South Carolina can make a substantial difference in your case’s outcome. This could involve suppressing evidence, negotiating reduced charges, or even taking the case to trial, ensuring your defense revolves around the specific facts of your situation.
If your BUI charge escalates to a felony involving injury or death, the penalties mirror those of a DUI Causing Death on the road. The stakes couldn’t be higher.
John Crangle defends clients against BUI charges throughout Greenville County and the 13th Judicial Circuit. As a dedicated Greenville Criminal Defense Lawyer focused on DUI and traffic offenses, he understands the investigation and prosecution of these cases. Don’t delay seeking assistance.
Contact John Crangle today to discuss your BUI charge. Having an attorney engaged early improves your options.