Boating Under the Influence (BUI) Defense

During all warm-weather months in South Carolina our local lakes are full of boaters enjoying waters. But among all of the recreational boaters are officers with the South Carolina Department of Natural Resources and local Sheriff’s Departments looking to make arrests. Many times BUI is treated as a “zero tolerance” offense, meaning you may be arrested with only minimal evidence.

Boaters suspected of driving while impaired may be arrested and criminal charged with the crime Boating Under the Influence or BUI. If convicted it can result in jail time, embarrassment, a permanent criminal record, hefty fines, mandatory alcohol and drug training, loss of boating privileges and high insurance rates.

Arrested on Lake Murray?

James Snell’s office is conveniently located in downtown Lexington, South Carolina, and is able to represent individuals charged with any boating offense on Lake Murray regardless of which agency or county is responsible for the prosecution. Mr. Snell is also able to represent individuals charged with any boating crime anywhere in South Carolina.

Your Rights If Arrested with BUI in South Carolina

Boating Under the Influence is a serious crime in South Carolina. Regardless of the offense, you have absolute legal rights. Before and during the arrest you have the right to remain silent, to decline field testing or the breathalyzer. After arrest you have a right to demand to see the evidence against you, subpoena witnesses for your defense, cross examine the police witnesses, receive a comprehensive jury trial, and have a judge instruct your jury that you are innocent until proven guilty.

South Carolina BUI Law

South Carolina’s BUI statute is fully entitled “operation of moving motorized water device or water device under sail while under the influence of drugs and/or alcohol.” This statute criminalizes the operation of a boat while under the influence of drugs or alcohol.

Boating Under the Influence (BUI) 1st Offense
S.C. Code § 50-21-112(B)(1)

In addition to all of the other penalties described above, a conviction for Boating Under the Influence 1st Offense carries up to thirty days in the County Jail. This offense will be prosecuted at the Magistrate Court level.

Boating Under the Influence (BUI) 2nd Offense
S.C. Code § 50-21-112(B)(2)

A conviction for Boating Under the Influence 2nd Offense carries up to one year in the South Carolina Department of Corrections plus all of the other standard penalties. This offense will be prosecuted at the Court of General Sessions.

Boating Under the Influence (BUI) 3rd Offense
S.C. Code § 50-21-112(B)(3)

Those convicted of a 3rd or subsequent time of BUI in South Carolina may face up to three years in the South Carolina Department of Corrections. There is a minimum sentence of sixty (60) days, and individuals in South Carolina sentenced to less than ninety (90) days may serve their time at the County Jail. The jail or prison sentence which will be imposed is in addition to all of the other penalties that come with any BUI conviction.

Boating Under the Influence with
Great Bodily Injury or Death

Anyone convicted of a BUI Offense as a result of an accident that resulted in Serious Personal Injuries or Death faces strict prosecution and up to twenty five years, or more, in the South Carolina Department of Corrections.

Do Not Delay

If you have been charged with any boating crime in South Carolina you owe it to yourself and your family to ensure that your legal rights are protected. The longer you wait the more difficult it may be to protect those rights. Please call today to receive a confidential consultation with James Snell about your case.

Contact us 24 hours a day at 866-252-5789 about your legal matter today