Driving under the influence (DUI) is a serious criminal offense in South Carolina. Importantly, the same rules apply on the water — you can be charged with boating under the influence (BUI) while operating a boat. Further, if you cause a crash while driving a boat under the influence, you may have a very serious felony charge. A Charleston criminal defense lawyer can help you manage the consequences of crashing a boat while under the influence of drugs or alcohol in South Carolina.
South Carolina Law Prohibits Boating Under the Influence (BUI)
As a starting point, it is important to emphasize that you can get a DUI for operating a boat while intoxicated. You will often hear this referred to as a BUI. South Carolina makes it unlawful to operate a watercraft while materially and appreciably impaired by alcohol, drugs, or both. The statute governing Boating Under the Influence (BUI) is S.C. Code Ann. § 50-21-112. The legal blood alcohol concentration (BAC) threshold is the same as for motor vehicles: 0.08%. Law enforcement officers, including the Department of Natural Resources (DNR), have the authority to stop boaters and conduct sobriety tests. It is a serious criminal charge that can lead to the loss of your boating license, fines, and jail time.
A Boat Accident Can Escalate a BUI to a Felony Charge in South Carolina
In most cases, a BUI is a misdemeanor offense. However, a BUI can also be charged as a felony offense in certain circumstances. The most common reason for this is when an intoxicated boat causes a crash. Under South Carolina law, a person who, while intoxicated, causes great bodily injury or death faces a felony BUI. “Great bodily injury” is legally defined as an injury creating a substantial risk of death, causing serious permanent disfigurement, or protracted loss or impairment of a bodily function. A felony BUI is a serious crime. Here is an overview of the potential penalties that a drunk boater could face after a crash in South Carolina:
- BUI With Great Bodily Injury: A BUI with an accident causing a great bodily injury requires a mandatory minimum of 30 days in prison. The maximum sentence is up to 15 years in prison. There are also fines of up to $10,000 and the loss of a boating license.
- BUI with a Death: A BUI with an accident causing a death carries a mandatory minimum of one year. The maximum sentence is up to 15 years in prison. There are also fines of up to $25,000 and the loss of a boating license.
Contact Our Charleston Boat DUI Accident Defense Attorney Today
At Query Sautter & Uricchio, LLC, our Charleston DUI while boating defense attorney is committed to doing right by clients. If you or your loved one was arrested and charged with a DUI while boating, please do not hesitate to contact us for a free, no-obligation case review. With an office in Charleston, we defend boating DUI cases throughout South Carolina.