What is BUI in South Carolina?
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To get a conviction for a BUI, the officer must prove that the driver was under the influence of alcohol, drugs, or both so that his or her faculties to operate the boat were “materially and appreciably impaired.”
Boating Under the Influence 1st – BUI 1st is a misdemeanor, and the judge can sentence a convicted person to imprisonment of 48 hours up to 30 days or a fine or community service. The person will also lose his privilege to operate a watercraft (aka boat) for 6 months. The person will have to complete the Alcohol and Drug Safety Action Program (ADSAP) as well, which usually costs about $500. Finally, he or she will have to complete a boating safety course. If the intoxicated boater causes property damage or bodily injury that is something less than “great bodily injury” as defined below, the person’s boating privileges will be suspended for one year.
BUI 2nd – The judge can sentence the person to imprisonment of 48 hours up to one year and a fine of up to $5,000. Heavy community service could come into play in lieu of the jail sentence. The person’s boating privileges will be suspended for one year, and the person must complete ADSAP and a boating safety course.
BUI 3rd – The judge can sentence the person to imprisonment of 60 days up to 3 years and a fine of $3,500 up to $6,000. The person’s boating privileges will be suspended for 2 years, and the person must complete ADSAP and a boating safety course.
Only violations that occurred within 10 years can cause later convictions to BUI 2nd, BUI 3rd, or greater.
What is Felony BUI in South Carolina?
Great Bodily Injury – If the intoxicated boater causes great bodily injury to someone else, then the boater is guilty of a felony, and the judge will sentence the boater to up to 15 years in jail and fine the person between $5,000 and $10,000. “Great bodily injury” is defined as “bodily injury which creates substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”
Death – If the intoxicated boater causes someone’s death, the jail sentence for a conviction is between 1 and 25 years, and the fine will be between $10,000 and $20,000. In either case, the person’s boating privileges will be suspended for 3 years starting after the person is released from jail.
Boating Under the Influence (BUI) in South Carolina