What You Should Know About Drinking and Driving a Boat

Boating is a favored pastime in South Carolina almost year-round. Recreational boating often goes hand-in-hand with drinking. While many people are familiar with DUI laws, the laws governing drinking and boating are different.

Barboza Law has extensive and in-depth knowledge of BUI laws. Our Rock Hill DUI attorney has years of experience protecting the rights of South Carolina residents. If you are facing boating under the influence charges, it is essential to act quickly and secure the high-quality representation of our Rock Hill BUI lawyer today.

What is a BUI in South Carolina?

While the underlying principle of boating under the influence (BUI) and driving under the influence (DUI) is the same, there are several unique differences between the offenses. For example, South Carolina’s open container law does not apply to vessels on the water. Therefore, it isn’t illegal to consume an alcoholic beverage while operating a boat. However, it is illegal to be impaired while operating a boat.

What are the Penalties for a BUI in South Carolina?

The penalties for boating under the influence are severe and may involve the following:

• 1^st Offense: A $200 fine and/or jail for 48 hours to 30 days
• 2^nd Offense: A $2,000 to $5,000 fine and/or jail sentence between 48 hours and 1 year
• 3^rd Offense: Fine between $3,500 and $6,000 and/or imprisonment between 60 days to 3 years

Penalties are often greater if the boater has been involved in an accident or if someone has been injured. Felony BUI is often charged when the alleged offender causes great bodily harm or death to someone else as a result of impairment.

Understanding the Field Sobriety Test for a BUI

Sobriety tests are frequently used on motorists to check for impaired driving. However, because they rely on testing a person’s balance, the nature of boating makes a typical sobriety test nearly impossible. It’s not uncommon for people to be a little unsteady on their feet after boating all day.

In response, the National Association of State Boating Law Administrators (NASBLA) employs the Seated Battery of Standardized Field Sobriety Testing (SFST). If a person is thought to be under the influence, they may be seated on their boat or the officer’s boat and tested for the following:

• Horizontal Gaze Nystagmus (HGN) Test: Also known as the “pen test,” an officer will move a pen back and forth across a person’s line of sight and check for involuntary eye movements.
• Hand Coordination (HC) Test: A series of tests using hand motions, memory, and counting.
• Finger to Nose (FTN) Test: The officer may ask a person to touch their nose with their index finger while closing their eyes.
• Palm Pat (PP) Test: A test that involves alternating palm-to-hand pats with extended arms.

If you have been charged with a BUI and question the validity of the sobriety tests, it is crucial to speak to a BUI lawyer in Rock Hill. Our knowledgeable legal team can look into the circumstances of your arrest and the details of your test to determine if the tests were administered properly.

Do You Have to Submit to a Breathalyzer Test?

In South Carolina, implied consent also applies to boating. Implied consent assumes any person operating a motorized vehicle on land or in the water is subject to testing to determine their blood alcohol content.

Testing may involve a breathalyzer, blood, or urine sample. The legal BAC limit for boaters is 0.08% in South Carolina. In addition, law enforcement may test if you are under the influence of substances other than alcohol.

It is crucial to understand your rights. You have the right to refuse testing. However, due to the implied consent laws, you may face some specific consequences, including having your boating privileges revoked.  

It is also important to note that if you are unconscious or otherwise unable to refuse, consent to chemical testing is still implied under Section 50-21-114. Consult a BUI lawyer in Rock Hill immediately if you have been charged with boating under the influence.

Benefits of Working with a BUI Lawyer in Rock Hill, SC

Criminal charges can significantly impact your life, triggering devastating consequences in the short and long term. Having a highly skilled BUI lawyer by your side offers several key benefits. ‍

Navigating the Criminal Process

An experienced BUI attorney will have a thorough understanding of the laws and can use that knowledge to identify legal loopholes, procedural errors, or other factors that can be leveraged in your defense.

In-Depth Knowledge of BUI Laws

Boaters accused of BUI face a number of unique challenges. For example, boaters are subject to implied consent laws, safety checks without the need for probable cause, and “boater’s hypnosis,” which can Affect Sobriety Tests.

Negotiating With The Prosecution

Depending on the circumstances of the case, your attorney may be able to negotiate with the prosecution to reduce the charges or penalties.

Protecting Your Best Interests

Every BUI case is different. A charge of boating under the influence can have serious ramifications, damaging your personal and professional life. Penalties include possible jail time, fines, and a permanent criminal record. A BUI lawyer in Rock Hill can mitigate the damaging consequences of these charges, uphold your rights, and fight for the best possible outcome.

High Quality Representation You Can Trust

At Barboza Law, we are committed to providing high-quality and affordable representation. Our Rock Hill criminal defense lawyer can work with you to strategize a strong and effective defense. Contact us today at (803) 973-6003 to schedule a consultation and discuss the unique details of your situation.