What Is a Felony BUI?
While boating is a form of recreation, that doesn’t mean that strict laws don’t apply. When the person manning a boat is under the influence of alcohol or drugs, they can face a charge of boating under the influence (BUI), which can be elevated to a felony if they cause an accident that leaves someone else either seriously or fatally injured. If you or someone you care about is facing a BUI charge, it’s time to consult with an experienced BUI attorney.
BUI Charges
A BUI charge can apply in South Carolina if the person manning a boat is deemed to have impaired cognitive abilities because of alcohol or drugs. While the legal limit for skippers is a blood alcohol concentration (BAC) of .08 percent – just like it is for motorists – this doesn’t mean you can’t face a BUI charge with a BAC that’s below the limit. If the authorities determine that you’re impaired to the degree that your ability to operate a boat safely is negatively affected, you can face a BUI charge.
The Charge Level
Most BUI charges are misdemeanors, which come with very serious consequences of their own. Further, factors such as the following can increase the fines and penalties faced:
- Prior charges
- Refusal to take a breathalyzer test
- A high BAC reading
A conviction for a first BUI with no enhancements can lead to two days in jail, which can be replaced with community service, a revocation of boating rights of up to six months, and fines of up to $200. The charge is elevated to a felony if the operator’s impairment leads to an accident that leaves someone else seriously injured or dead.
Sentencing for a Felony BUI
If an impaired boater causes an accident that leaves a victim with great bodily injury, they can face up to 15 years in prison and fines of from $5,000 to $10,000. Great bodily injury in this context refers to the following:
- Injuries that carry a substantial risk of death
- Bodily injuries that cause impairment or the protracted loss of any organ or bodily member’s function
- Serious and permanent disfigurement caused by injuries
If, however, the impaired boater causes a fatal boating accident, they can face a prison sentence of up to 25 years and fines of from $10,000 to $20,000. In either scenario, the defendant also faces three years of suspended boating privileges, which begins only after they’ve completed their sentence.
Discuss Your Case with an Experienced Columbia, SC, BUI Attorney Today
Jonathan Harvey at the Law Office of Jonathan M. Harvey is a formidable Columbia, SC, BUI attorney who dedicates his impressive practice to skillfully fighting for his valued clients’ rights, and he will spare no effort in his focused pursuit of your case’s optimal outcome. Your future is too important not to take serious action, so please don’t delay reaching out and contacting us online or calling 803-779-3363 for more information about what we can do to help you today.