Boating is one of South Carolina’s favorite pastimes, especially on Lake Murray and along our scenic rivers and coastal waters. But what many people don’t realize is that South Carolina has strict laws prohibiting boating under the influence (BUI)—and a conviction can carry serious consequences. It's a South Carolina criminal law, based on S.C. State Code § 50-21-112.
If you’ve been arrested for BUI, it’s essential to understand what you're facing—and how you can fight back.
What Is Boating Under the Influence (BUI) in South Carolina?
South Carolina law makes it a criminal offense to operate a boat or other watercraft while under the influence of alcohol, drugs, or a combination of both. BUI arrests are commonly made by the South Carolina Department of Natural Resources (DNR), as well as sheriff’s departments from counties around Lake Murray, including Lexington, Richland, Newberry, and Saluda.
In the Lexington and Columbia areas, most BUI arrests happen on Lake Murray. Cases often begin when an officer conducts a routine safety inspection or stops a boat for lacking required lighting. Others occur at public boat landings, especially in the evening hours or after holidays and major boating events.
What Happens After a BUI Arrest?
If you are arrested for BUI, you’re being formally charged with unlawful operation of a watercraft. You are not convicted unless you plead guilty, no contest, or are found guilty after trial. You have the absolute legal right to challenge your arrest in court, and you do not face penalties unless and until a conviction is obtained.
In Lexington County, contested BUI charges are typically referred to the Batesburg-Leesville Magistrate Court. In Richland County, contested cases are handled at Central Court located at 2500 Decker Boulevard in Columbia. Our firm also has experience contesting boating-related implied consent suspensions through the South Carolina Administrative Law Court.
What Are the Penalties for BUI in South Carolina?
A BUI conviction can lead to fines, jail time, suspension of your boating privileges, and a permanent criminal record. In South Carolina, employers are permitted to consider criminal convictions when making hiring or retention decisions—meaning a BUI could have long-lasting effects on your job and reputation.
Can You Defend Against a BUI Charge?
Absolutely. BUI cases involve unique legal and factual issues. Field sobriety testing on the water is significantly different from DUI testing on land—and often far less reliable. Challenging the basis of the stop, the administration of tests, or the handling of breath or blood results can be essential to your defense. There must be more proof than simply having consumed alcohol at or prior to operating the watercraft.
You have the right to a trial by jury, access to pre-trial discovery, and to contest the legality and accuracy of the officer’s investigation. A skilled BUI defense lawyer in Lexington SC or Columbia SC can help ensure that your rights are protected every step of the way.
Why Hire Attorney James R. Snell, Jr.?
James R. Snell, Jr., is a seasoned South Carolina criminal defense attorney with over 20 years of experience. He has completed training in boating field sobriety testing through the National College for DUI Defense. He understands both the legal and practical sides of BUI cases—not just from the courtroom, but also from personal experience, as he is regularly out on the water himself.
Although there are many similarities between DUI and BUI cases, there are also critical differences that require focused legal knowledge. Our office knows how to navigate both the criminal proceedings and the administrative license issues related to boating suspensions. James is also the author of South Carolina DUI Defense: The Law and Practice, and is qualified as Field Sobriety Test Instructor pursuant to curriculum established by the National Highway Safety Administration.
Take Action Today
If you've been arrested for BUI, don't wait. A conviction can affect your freedom, your job, your boating privileges, and your future. Put experience on your side.
Call the Law Office of James R. Snell, Jr., LLC today at 803-359-3301 to schedule your confidential consultation. We serve clients throughout Lexington, Columbia, and across South Carolina.
Or visit us online at www.SnellLaw.com to learn more and request your consultation.