Boating is one of the best parts of living in the Lowcountry, and for many people, a day on the water includes a few drinks. But operating a boat while impaired is a crime in South Carolina, and officers with the Department of Natural Resources (DNR) and local agencies regularly patrol the harbor, the rivers, and area lakes looking for impaired boaters. Our Charleston DUI defense lawyers also defend people charged with boating under the influence (BUI), and we know that a BUI charge can come as a surprise to someone who never thought of boating as “driving.”
In this article, we explain the elements of BUI, the penalties for BUI and felony BUI, related offenses such as reckless homicide by boat, your rights when asked to take a breath test, and the defenses that may apply to your case. So what happens if you get a BUI in South Carolina?
Quick Answer: Under S.C. Code Section 50-21-112, it is a crime in South Carolina to operate a moving motorized boat or a boat under sail while alcohol, drugs, or both materially and appreciably impair your ability to operate it. A first offense BUI carries a $200 fine or 48 hours to 30 days in jail, a six-month suspension of your boating privilege, ADSAP, and a required boating safety course. Penalties increase for repeat offenses.
Table of Contents
- What Is Boating Under the Influence in South Carolina?
- What Are the Penalties for BUI in South Carolina?
- What Is Felony BUI in South Carolina?
- What Are the Penalties for Reckless Homicide, Reckless Operation, and Negligent Operation of a Boat?
- Do You Have to Take a Breath Test After a BUI Arrest?
- How Can You Challenge a BUI Refusal Suspension?
- What Field Sobriety Tests Are Used in BUI Cases?
- Do Police Have to Video Record a BUI Arrest?
- Does a BUI Affect Your Driver’s License?
- Do You Need a Boating Safety Certificate in South Carolina?
- Can a BUI Be Expunged in South Carolina?
- What Are the Defenses to a BUI in South Carolina?
- How Can a Charleston BUI Lawyer Help?
What Is Boating Under the Influence in South Carolina?
Under S.C. Code Section 50-21-112, a person commits BUI by operating a moving motorized water device, or a moving water device under sail, on South Carolina waters while under the influence of alcohol, drugs, or other substances, or a combination of them, to the extent that the person’s faculties to operate the boat are materially and appreciably impaired. The statute covers prescription and other lawful drugs as well as illegal drugs.
Unlike the DUI laws for motor vehicles, the BUI statute does not contain a separate “per se” offense based only on a blood alcohol concentration of 0.08 percent. Instead, the State must prove that the person was materially and appreciably impaired. A breath test result of 0.08 percent or more allows the judge or jury to infer that the person was under the influence, but the result is evidence, not a separate crime. As explained below, a result of 0.05 percent or less creates a conclusive presumption that the person was not under the influence of alcohol.
BUI stops often begin with a safety inspection or a minor boating violation, such as speeding in a no-wake zone or not having the required safety equipment on board. To avoid being stopped in the first place, it helps to know the rules of the water, which we explain in our article on South Carolina’s boating laws.
What Are the Penalties for BUI in South Carolina?
The penalties for BUI increase with each offense. The following table summarizes the penalties under Section 50-21-112:
| Offense | Fine and Jail | Boating Privilege Suspension |
|---|---|---|
| First offense | $200 fine or 48 hours to 30 days in jail; the court may allow 48 hours of public service in place of the 48-hour minimum jail term | Six months |
| Second offense | $2,000 to $5,000 fine (which cannot be suspended below $1,000) and 48 hours to one year in jail; the court may allow at least ten days of public service in place of jail | One year |
| Third or subsequent offense | $3,500 to $6,000 fine and 60 days to three years in jail | Two years for a third conviction; the statute does not specify a separate penalty for subsequent convictions |
No part of the minimum sentences may be suspended. In addition to the suspension period, a person convicted of BUI must enroll in and successfully complete the Alcohol and Drug Safety Action Program (ADSAP) before the boating privilege is reinstated. Every person convicted of BUI must also complete a boating safety course approved by DNR, at their own expense, and the privilege to operate a boat remains suspended until the course is completed.
Only offenses within the past ten years count toward a second or third offense. The ten-year period includes the date of the most recent offense and the ten years immediately before it. Prior offenses that count include convictions, guilty or no contest pleas, and bail forfeitures for violating a law or ordinance against operating a boat while under the influence, including qualifying offenses from other states and municipal courts. A prior DUI conviction for driving a motor vehicle is not listed as a prior offense that enhances a BUI under this section.
What Is Felony BUI in South Carolina?
Under Section 50-21-113, a person who operates or is in actual control of a moving water device while under the influence of alcohol, drugs, or both, and who causes great bodily injury or death to another person, commits felony BUI. “Great bodily injury” means bodily injury that creates a substantial risk of death or that causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
- Great bodily injury: a mandatory fine of $5,000 to $10,000 and imprisonment for 30 days to 15 years.
- Death: a mandatory fine of $10,000 to $25,000 and imprisonment for one to 25 years.
No part of these mandatory sentences may be suspended, and probation may not be granted for any portion. For either felony, DNR suspends the person’s privilege to operate or be in actual control of a moving water device for the term of imprisonment plus three years.
The same statute also makes it a misdemeanor to cause damage to someone else’s property or bodily injury to someone else that is less than great bodily injury while operating or being in actual control of a moving water device under the influence. That offense is punishable by a fine of at least $500, up to 30 days in jail, or both, and a suspension of boating privileges for the term of imprisonment plus one year. For information about the motor vehicle version of this offense, see our article on felony DUI in South Carolina.
What Are the Penalties for Reckless Homicide, Reckless Operation, and Negligent Operation of a Boat?
A boater does not have to be impaired to face serious criminal charges. South Carolina law also punishes reckless and negligent boating, and a death caused by reckless boating can be charged as reckless homicide. Depending on the facts, prosecutors may also charge involuntary manslaughter, manslaughter, or murder. The following table compares the penalties for felony BUI and these related boating offenses:
| Offense | Criminal Penalty | Effect on Boating Privileges |
|---|---|---|
| Felony BUI causing death (Section 50-21-113) | $10,000 to $25,000 fine and one to 25 years in prison | Suspended for the prison term plus three years |
| Felony BUI causing great bodily injury (Section 50-21-113) | $5,000 to $10,000 fine and 30 days to 15 years in prison | Suspended for the prison term plus three years |
| BUI causing property damage or lesser injury (Section 50-21-113) | Fine of at least $500, up to 30 days in jail, or both | Suspended for the jail term plus one year |
| Reckless homicide by operation of a boat (Section 50-21-115) | $1,000 to $5,000 fine, up to ten years in prison, or both | Court must prohibit boating for up to five years |
| Reckless operation (Section 50-21-111) | $100 to $200 fine or up to 30 days in jail | Suspended until a boating safety course is completed; a second conviction within five years adds a 90-day suspension |
| Negligent operation (Section 50-21-110) | $50 to $200 fine or up to 30 days in jail for each violation | Three convictions within five years require a boating safety course, with suspension until it is completed |
Reckless homicide by operation of a boat applies when a person operates a boat in reckless disregard of the safety of others and the operation causes a death within three years. Reckless operation means operating a boat in a way that shows a willful or wanton disregard for the safety of persons or property. Negligent operation is the least serious of these offenses and applies to operating any water device negligently.
Do You Have to Take a Breath Test After a BUI Arrest?
Under South Carolina’s BUI implied consent law, Section 50-21-114, a person who operates a boat on South Carolina waters is considered to have consented to a breath, blood, or urine test if arrested for an offense arising from allegedly operating or directing the operation of a water device while under the influence. The officer must first offer a breath test.
A blood test may be taken if the person cannot provide an acceptable breath sample for a reason considered acceptable by licensed medical personnel, and an officer may order a urine test if the officer has reasonable grounds to believe the person is under the influence of drugs other than alcohol. If the breath test shows an alcohol concentration of 0.08 percent or more, the officer may not require additional tests under this chapter.
You must be told that you do not have to take the test or provide samples, but that refusal will suspend or deny your privilege to operate a water device for 180 days. Refusal may also be admitted as evidence at trial. You may obtain an additional test from a qualified person of your choosing at your own expense, and the arresting officer must reasonably assist you in contacting that person.
If you take the test, the result will fall into one of the following categories:
| Blood Alcohol Concentration | What the Law Provides |
|---|---|
| 0.05 percent or less | It is conclusively presumed that the person was not under the influence of alcohol. |
| More than 0.05 but less than 0.08 percent | No inference either way; the result may be considered with other evidence. |
| 0.08 percent or more | It may be inferred that the person was under the influence of alcohol. |
The breath test is not the only evidence in a BUI case, and other evidence of a person’s condition remains admissible. For more on breath testing, see our article on whether breath tests are reliable in South Carolina.
How Can You Challenge a BUI Refusal Suspension?
If you refuse the breath test, DNR must give you written notice of the suspension and, if you request it, an opportunity for a contested case hearing before the South Carolina Administrative Law Court. Under the Administrative Law Court’s rules, you generally must file and serve a request for a hearing within 30 days after actual or constructive notice of DNR’s final decision, unless a statute provides otherwise. The court amended its filing rules effective April 14, 2025, so you must follow the current procedure carefully.
Requesting a hearing on time matters for another reason. When you request a hearing on time, the 180-day suspension does not begin until the day after an order sustaining the suspension is issued, rather than the day after notice of the suspension. At the hearing, DNR must establish that the refusal suspension was proper; the officer’s reported grounds for believing the person operated while under the influence and whether the person refused testing may matter.
The Administrative Law Court may order DNR to rescind or continue the suspension. Because of the short deadline, contact a lawyer quickly after a BUI arrest. For more on the motor vehicle version of this process, see our article on what happens if you refuse a breath test in South Carolina.
What Field Sobriety Tests Are Used in BUI Cases?
The standard field sobriety tests used in DUI cases, such as the walk and turn and the one-leg stand, are difficult or impossible to perform on a moving boat. Instead, DNR officers are often trained to use a seated test battery that can be given while the person sits on their own boat or the officer’s patrol boat. The seated battery typically includes:
- Horizontal gaze nystagmus (HGN): the officer moves a pen or other object back and forth across the person’s line of sight and watches for an involuntary jerking of the eyes called nystagmus.
- Finger to nose: with eyes closed and head tilted slightly back, the person touches the tip of the nose with the tip of the index finger, alternating hands as instructed.
- Palm pat: the person pats one palm with the other hand, alternating between the palm and the back of the top hand while counting out loud.
- Hand coordination: the person places one fist in front of the other in a series of steps while counting, then reverses the steps, testing the ability to follow instructions and divide attention.
South Carolina’s Administrative Law Court has reviewed these tests in refusal suspension cases. In S.C. Department of Natural Resources v. Dominick, No. 23-ALJ-13-0187-CC (S.C. Admin. Law Ct. Jan. 10, 2024), the court upheld a refusal suspension where officers administered all four components aboard a patrol boat. In S.C. Department of Natural Resources v. Bull, No. 24-ALJ-13-0378-CC (S.C. Admin. Law Ct. Apr.
24, 2025), the court rescinded a refusal suspension after finding that the officer’s observations and the results of only two test components were not enough to justify the arrest and the request for a test. These decisions show that the particular tests given and the officer’s full set of observations matter. Drinking alcohol, or a single test result, does not by itself prove that a boater was impaired.
Do Police Have to Video Record a BUI Arrest?
No. South Carolina’s DUI video recording statute, Section 56-5-2953, applies only to DUI, DUAC, and felony DUI charges involving motor vehicles, and the BUI statutes do not contain a similar recording requirement. As a result, a BUI case often comes down to the officer’s testimony about what happened on the water, the results of the seated field sobriety tests, and any breath test.
An officer may still record the stop or the breath test, and any recording that exists can be important evidence. To compare the rules for motor vehicle cases, see our article on whether police must video-record a DUI arrest in South Carolina.
Does a BUI Affect Your Driver’s License?
A BUI conviction suspends your privilege to operate a boat, and a BUI refusal suspends that privilege for 180 days. Neither the BUI statute nor the BUI implied consent statute directs the suspension of your motor vehicle driver’s license simply because of a BUI conviction or refusal. If the same incident also involved driving a car or truck, the motor vehicle laws would handle any driving offense separately.
Do You Need a Boating Safety Certificate in South Carolina?
South Carolina’s boater education law, Section 50-21-95, took effect on August 18, 2023. It applies to operators of a boat with an engine of ten horsepower or more, a personal watercraft, or a specialty propcraft. People born on or before July 1, 2007, are not required to complete a course.
Anyone born after that date must meet one of the listed qualifications, such as holding a South Carolina boating safety certificate, holding specified Coast Guard credentials, holding a qualifying certificate from another state, holding a valid rental certificate while operating a rented boat, or being accompanied by a qualifying adult. A violation carries a fine of $50 to $300 that cannot be suspended, but it is not a criminal offense.
This general education requirement is separate from the boating safety course required after a BUI or reckless operation conviction. For a complete guide , you can also download our free book on boating laws in South Carolina.
Can a BUI Be Expunged in South Carolina?
It depends on how the case ends. If a BUI charge is dismissed, or if you are found not guilty, the charge is generally eligible for expungement through the process for charges that did not result in a conviction. A first offense BUI conviction may be eligible for expungement under S.C. Code Section 22-5-910 because it carries no more than 30 days in jail and involves a boat rather than a motor vehicle.
Under that statute, a person may apply three years after the conviction, and the court may order the expungement if the person has had no other conviction during that time and meets the statute’s other requirements. That remedy may be used only once, and it is not automatic.
A second or third offense BUI conviction is not eligible under Section 22-5-910 because the maximum jail sentence is more than 30 days. Convictions for reckless operation and negligent operation of a boat may be eligible under the same statute, subject to its conditions. For more information, see our article on expungement in South Carolina.
What Are the Defenses to a BUI in South Carolina?
Every case is different, so there is no single answer. At Futeral & Nelson, we investigate each BUI case and gather all of the available evidence. That evidence often includes the incident report, the officer’s training records, the breath test records if our client took the test, any video from the stop or the breath test site, dispatch logs, records of the seated field sobriety tests and the officer’s conclusions, and records showing our client’s condition at the jail.
Water conditions can also affect the evidence. Wind, waves, sun exposure, heat, and fatigue from a long day on the water can cause red eyes, unsteadiness, and other signs that an officer may mistake for impairment. Officers must administer and score seated field sobriety tests correctly, and mistakes can call the results into question. Because there is no video requirement in BUI cases, we look closely at whether the officer’s account is supported by the other evidence.
After we finish our investigation, we advise our clients about the strengths and weaknesses of the case and negotiate with the prosecutor. BUI cases can be resolved in several ways, including outright dismissal, dismissal conditioned on completing an alcohol class or boating safety course, or a plea to a lesser offense such as negligent operation or reckless operation of a boat.
We prepare every case for trial because we do not want the prosecutor to see any weakness on our side, and if an acceptable resolution is not offered, we are prepared to try the case before a judge or jury.
How Can a Charleston BUI Lawyer Help?
A BUI charge can affect your freedom, finances, record, and ability to enjoy the water. The attorneys at Futeral & Nelson have defended DUI and BUI cases in Charleston, Berkeley, and Dorchester Counties since 2003. We can request a hearing to challenge a refusal suspension, investigate the stop and the field sobriety tests, and work toward the best possible outcome in your criminal case.
If you have been charged with BUI in Charleston or anywhere in the Lowcountry, call us at 843-284-5500 or contact our Charleston DUI and BUI defense lawyers at Futeral & Nelson, LLC today to discuss your case.
