In the State of South Carolina, it is illegal to operate any type of “water device” while under the influence of alcohol or drugs. This offense is a misdemeanor. A person who is found guilty of such offense is subject to many different penalties depending on the facts.
Under South Carolina law, any person who operated a water device is considered to have given consent to chemical testing and analysis of breath, blood, and urine to determine presence of alcohol and drugs. In other words, when you choose to operate your boat, you give consent to be breathalyzed or otherwise tested if you are stopped and suspected under the influence.
1st Offense BUI
For a first offense, you may be subject to a $200 fine; 48 hours to 30 days in jail; and mandatory suspension of your ability to operate any water device for six (6) months.
2nd Offense BUI
For second offense, you may be subject to $2,000 to $5,000 fine; 48 hours to 1 year in jail; and mandatory suspension of your ability to operate any water device 1 year.
3rd Offense BUI
For a third offense, you may be subject to $3,500 to $6,000 fine; 60 days to 3 years in jail; and mandatory suspension of your ability to operate any water device for two (2) years. See below for an outline.
Info provided by South Carolina Code § 50-21-1121
In addition to these penalties, anyone found guilty of BUI in South Carolina is required to enroll in an Alcohol and Drug Safety Action Program as well as a Boating Safety Education Program. You will be required to pay for these courses and your operation of water devices will be suspended until completion.
South Carolina Code § 50-21-112
Boating Under the Influence causing Injury, Damage, or Death
Should you choose to operate a water device under the influence and cause injury/damage to another person, this is a felony and subject to different penalties.
A BUI causing “great bodily injury” is punishable by $5,000 to $10,000 fine and 30 days to 15 years in prison.
A BUI causing death to another is punishable by $10,000 to $25,000 fine and 1 year to 25 years in prison.
A conviction of a BUI with great bodily injury or death will also warrant the suspension of your operation of water devices for 3 years beginning after release from prison.
A BUI causing injury2 or property damage is a misdemeanor punishable by $500 and 0 to 30 days in jail. Your ability to operate water devices will be suspended for one (1) year commencing after completion of your sentence.
Civil Suits & Insurance
A guilty plea or trial of this matter in criminal court does not exclude you from being sued in civil court for the same accident. If you own a boat or water device, you should be sure to have insurance in case of an accident. However, if bodily injury occurs during an incident, you may still be personally liable for damages even after your insurance has paid out. It is possible that your family members could be held responsible for injuries resulting from an accident on your water device. We recommend having the highest insurance policy available.
Hire A South Carolina BUI Attorney
843 DUI is here to assist those in need of legal support related to DUIs and BUIs throughout South Carolina. Contact our BUI attorneys today to get the protection you need.