BUI Lawyer in Columbia, SC
We all know the dangers of driving under the influence, but many of us are not aware of the dangers of boating under the influence. Coined “BUI,” a boater is more likely to be significantly impaired when out on the water. If anyone was injured or killed due to your impairment, you will likely be facing felony charges.
Carolina Laws Against BUI
South Carolina Code §50-21-112 prohibits operating a boat, vessel, or any water device while under the:
(1) influence of alcohol, which causes impairment to the extent that it affects a person’s physical and mental abilities;
(2) influence of any drug or a combination of substances that cause impairment to the extent that it affects a person’s physical and mental abilities or
(3) combined influence of alcohol and any other drugs or substances that cause impairment to the extent that it affects a person’s physical and mental abilities.
Dangers of Boating Under the Influence
Being impaired while out on the water has been shown to affect a person more severely than on land. Due to this, if a boat operator and motor vehicle driver have the same number of drinks, the boat operator would likely be more impaired.
Alcohol has the following effects on boaters:
- Diminished cognitive abilities: Lack of judgment will occur, making it difficult to make wise decisions while out on the water.
- Reduced physical abilities: Lack of coordination, balance, and slowed reflexes make it more challenging to navigate safely.
- Impaired vision: Decreased peripheral vision, depth perception, night vision, and inability to differentiate colors (particularly red and green).
- Inner ear disturbances: Alcohol is absorbed into inner ear fluid, causing a person to experience poor balance and dizziness.
- Sense of warmth: The sensation of warmth while intoxicated can cause a person who has fallen in the water to not get out in a timely manner.
BUI Penalties
A BUI without any aggravating circumstances is charged as a misdemeanor offense. If you are a first-time offender, you may be sentenced to two days in prison and lose your boating privileges for six months. You could be fined a maximum of $200 and imprisoned for 30 days for each violation.
If the BUI resulted in a fatality, you may be guilty of reckless homicide, involuntary manslaughter, manslaughter, or murder. This is a felony BUI, and you could be fined up to $10,000, imprisoned for ten years, or both. You will also be prohibited from operating a boat within South Carolina for five years.
Speak With Our Columbia Felony BUI Lawyer
Boating under the influence is an increasing issue in our country. Law enforcement is quick to apprehend offenders, not necessarily knowing the full extent of your circumstances. If you have been arrested for BUI, I am here to assist you. Contact me online or by calling 803-779-3363 to schedule your free consultation.