BOATING UNDER THE INFLUENCE (BUI)

Every boater needs to understand the risks of boating under the influence of alcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. This law pertains to most boats, from sailboats to the largest cruisers. Alcohol Effects Alcohol affects judgment, vision, balance and coordination. It increases the likelihood of accidents. The effect of alcohol is even more hazardous on the water than on land. The motion, vibration, engine noise, sun, wind and spray of the boat  accelerate a drinker's impairment.

The effect of alcohol can also be more dangerous to boaters. Boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don't have the benefit of experiencing daily boat operation. In fact, boaters average only 18 days (average of 6 hours/outing) on the water per year.

Alcohol creates a physical sensation of warmth that may prevent a person in cold water from getting out before hypothermia sets in.

Passengers are also at greatly increased risk for injury and death - especially if they are also using alcohol.

South Carolina Laws

It is unlawful for a person to operate a moving motorized water device or water device undersail upon the waters of this State:

• while under the influence of alcohol to the extent that the person's faculties to operate are materially and appreciably impaired;
• while under the influence of any other drug or a combination of other drugs or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired; or
• while under the combined influence of alcohol and any other drug or drugs, or substances which cause impairment to the extent that the person's faculties to operate are materially and appreciably impaired.

For purposes of this section "drug" means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug.

Chemical test or analysis of breath, blood, or urine; implied consent to test; presumptions arising from blood alcohol content levels.

• A person who operates a water device is considered to have given consent to chemical tests or analysis of his breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if arrested for an offense arising out of acts alleged to have been committed while the person was operating or directing the operation of a water device while under the influence of alcohol, drugs, or a combination of both.
• If there was at that time five one-hundredths of one percent (.05 BAC) or less by weight of alcohol in the person's blood, it is presumed conclusively that the person was not under the influence of alcohol.
• If there was at that time in excess of five one-hundredths of one percent (.05 BAC) but less than eight one-hundredths of one percent (.08 BAC) by weight of alcohol in the person's blood, this fact does not give rise to any inference that the person was or was not under the influence of alcohol, but this fact may be considered with other competent evidence in determining the guilt or innocence of the person.
• If there was at that time eight one-hundredths of one percent or more by weight of alcohol (.08 BAC) in the person's blood, it may be inferred that the person was under the influence of alcohol.
• If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests, none may be given, but the department, on the basis of a report from the law enforcement officer that the arrested person was operating a water device within this State while under the influence of alcohol, drugs, or a combination of them, and that the person had refused to submit to the tests, must suspend his privilege to operate a boat for 180 days.

• When the death of a person ensues within three years as a proximate result of injury received by the operation of a boat in reckless disregard of the safety of others, the person operating the boat is guilty of reckless homicide.

Penalties

• up to a $6,000 fine and up to 3-years imprisonment.
• privilege to operate any water device may be suspended for up to two years.
• enrollment in and successful completion of an Alcohol and Drug Safety Action course and a South Carolina Boating Safety course are also required at the person’s expense.
• felony boating under the influence carries penalties up to a $25,000 fine and 25 years imprisonment.

Zero Tolerance

Implied Consent

All persons operating a sail or powered vessel have given their implied consent to a sobriety test. The fact that you are operating a sail or powered vessel implies that you consent to be tested for the presence of alcohol, drugs or other intoxicating substances if requested by a law enforcement officer. Any person refusing to submit to testing for the presence of alcohol, drugs or other intoxicating substances may lose his or her privilege to operate a boat. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.