South Carolina BUI Offenses and Penalties
South Carolina recognizes different classes of BUI offenses based on the severity of the incident and prior convictions. The criminal penalties and administrative suspensions scale accordingly:
General BUI (Misdemeanor)
Operating a water device under the influence of alcohol, drugs, or a combination of both is a misdemeanor offense with escalating penalties based on prior convictions within a ten-year period S.C. Code Ann. § 50-21-112, South Carolina Department of Natural Resources, Petitioner, v. Julius Parker Garris, III, Respondent., 2025 SC ALJ LEXIS 97, Docket No. 24-ALJ-13-0309-CC:
First Offense: Punished by a fine of $200, or imprisonment for 48 hours to 30 days S.C. Code Ann. § 50-21-112. In lieu of the 48-hour minimum imprisonment, the court may order 48 hours of public service employment S.C. Code Ann. § 50-21-112. Additionally, the Department of Natural Resources (DNR) must prohibit the person from operating a water device within the state for six months S.C. Code Ann. § 50-21-112.
Second Offense: Punished by a fine of $2,000 to $5,000 (with a mandatory minimum unsuspended fine of $1,000) and imprisonment for 48 hours to one year S.C. Code Ann. § 50-21-112. In lieu of imprisonment, the court may require at least ten days of public service employment S.C. Code Ann. § 50-21-112. Operating privileges are suspended for one year S.C. Code Ann. § 50-21-112.
Third Offense: Punished by a fine of $3,500 to $6,000 and imprisonment for 60 days to three years S.C. Code Ann. § 50-21-112. Operating privileges are suspended for two years S.C. Code Ann. § 50-21-112.
All individuals convicted of general BUI must complete an approved boating safety education program at their own expense, and their privilege to operate a water device remains suspended until successful completion S.C. Code Ann. § 50-21-112. No part of the minimum sentences provided under this section may be suspended S.C. Code Ann. § 50-21-112.
BUI Causing Minor Injury or Property Damage (Misdemeanor)
A person who operates or is in actual control of a moving water device while under the influence, and causes property damage or bodily injury other than "great bodily injury," is guilty of a misdemeanor S.C. Code Ann. § 50-21-113. Upon conviction, the penalty is a fine of at least $500, imprisonment for up to 30 days, or both S.C. Code Ann. § 50-21-113. The defendant’s operating privileges must be suspended for the term of imprisonment plus one year S.C. Code Ann. § 50-21-113.
Felony BUI (Great Bodily Injury or Death)
If a person operates or is in actual control of a moving water device while under the influence and causes "great bodily injury" or death to another person, they are guilty of a felony S.C. Code Ann. § 50-21-113. "Great bodily injury" is defined as bodily injury creating a substantial risk of death, or causing serious permanent disfigurement or protracted impairment of any bodily organ or member S.C. Code Ann. § 50-21-113. No part of these mandatory sentences may be suspended, and probation may not be granted S.C. Code Ann. § 50-21-113:
Great Bodily Injury Result: Mandatory fine of $5,000 to $10,000, and mandatory imprisonment for 30 days to 15 years S.C. Code Ann. § 50-21-113.
Death Result: Mandatory fine of $10,000 to $25,000, and mandatory imprisonment for one year to 25 years S.C. Code Ann. § 50-21-113.
The DNR must suspend the individual's operating privileges for the term of imprisonment plus three years S.C. Code Ann. § 50-21-113.
Statutory Defenses and Evidentiary Inferences
Defendants charged with BUI in South Carolina may utilize several statutory and procedural defenses.
Blood Alcohol Concentration (BAC) Inferences
Chemical test results of a person's breath, blood, or urine create statutory presumptions and inferences S.C. Code Ann. § 50-21-114:
Conclusive Presumption of Non-Impairment: If the defendant's BAC is 0.05% or less by weight of alcohol, it is "presumed conclusively" that the person was not under the influence of alcohol S.C. Code Ann. § 50-21-114.
No Inference: If the BAC is more than 0.05% but less than 0.08%, there is no legal inference that the person was or was not under the influence, but the result may be considered alongside other competent evidence S.C. Code Ann. § 50-21-114.
Permissive Inference of Impairment: If the BAC is 0.08% or higher, it may be inferred that the person was under the influence S.C. Code Ann. § 50-21-114.
Procedural and Evidentiary Challenges
A defendant has the right to challenge several elements of the prosecution's case, including S.C. Code Ann. § 56-5-2930:
Whether the initial stop was justified by reasonable suspicion, or if the arrest was lawful S.C. Code Ann. § 56-5-2930.
The length of time elapsed between the arrest and the chemical testing S.C. Code Ann. § 56-5-2930.
Whether SLED regulations and SLED-certified methods were strictly followed during testing S.C. Code Ann. § 50-21-114, S.C. Code Ann. § 56-5-2930.
Whether the breath, blood, or urine samples were obtained by qualified and licensed medical personnel S.C. Code Ann. § 50-21-114, S.C. Code Ann. § 56-5-2930.
The validity of any field sobriety tests, the amount of alcohol actually consumed, or video recordings of the incident site and breath-testing site S.C. Code Ann. § 56-5-2930.
Standardized Field Sobriety Tests (SFSTs) for BUI
While the specific physical mechanics of maritime field sobriety testing are not detailed in Title 50, South Carolina statutory law and case law establish that "field sobriety tests" are admissible to corroborate or question the validity of chemical tests or to show whether a person's faculties are materially and appreciably impaired S.C. Code Ann. § 56-5-2930, South Carolina Department of Natural Resources, Petitioner, , v. , Justin T. Heffner, Respondent., 2024 SC ALJ LEXIS 324, Docket No. 24-ALJ-13-0205-AP.
Secondary authorities suggest that South Carolina's BUI and DUI laws are "substantially identical" other than the relevant mode of transportation and location South Carolina Department of Natural Resources, Petitioner, , v. , Justin T. Heffner, Respondent., 2024 SC ALJ LEXIS 324, Docket No. 24-ALJ-13-0205-AP. Under South Carolina DUI law, field sobriety test evidence is routinely introduced to evaluate physical impairment and to establish the corpus delicti of the offense, which for BUI requires proving the operator's faculties were "materially and appreciably impaired" S.C. Code Ann. § 56-5-2930, South Carolina Department of Natural Resources, Petitioner, , v. , Justin T. Heffner, Respondent., 2024 SC ALJ LEXIS 324, Docket No. 24-ALJ-13-0205-AP.
Penalties for Refusing to Blow (Implied Consent Refusal)
Under South Carolina’s implied consent law (S.C. Code Ann. § 50-21-114), any person who operates a water device is deemed to have given consent to chemical tests of their breath, blood, or urine S.C. Code Ann. § 50-21-114.
If an arrested person refuses to submit to a chemical breath test upon an officer's request, no test may be given S.C. Code Ann. § 50-21-114. However, the following administrative penalties apply:
180-Day Privilege Suspension: The DNR must suspend the individual's privilege to operate a water device for 180 days S.C. Code Ann. § 50-21-114. This suspension begins the day after the notice of suspension is given, or, if an administrative hearing is requested, the day after an order sustaining the suspension is issued S.C. Code Ann. § 50-21-114.
Admissibility of Refusal at Trial: The refusal, resistance, obstruction, or opposition to the requested chemical test is fully admissible as evidence against the defendant at the criminal trial for BUI S.C. Code Ann. § 50-21-114.
Refusal Penalties are Cumulative: The 180-day administrative suspension for refusing to blow is in addition to, and not in lieu of, any other civil remedies or criminal penalties assessed upon conviction S.C. Code Ann. § 50-21-114.
In felony BUI cases (governed by S.C. Code Ann. § 50-21-116), testing is mandatory if there is probable cause to believe the operator caused great bodily injury or death S.C. Code Ann. § 50-21-116. While resistance or obstruction to testing in a felony BUI scenario is admissible at trial, a person must submit to a combination of breath, blood, or urine tests under these circumstances S.C. Code Ann. § 50-21-116.
A BUI in South Carolina involves operating a water device while materially and appreciably impaired by drugs or alcohol. Penalties range from misdemeanor fines and public service for first offenses to severe mandatory prison sentences and multi-year suspensions for felony offenses causing bodily injury or death. Defendants may defend against a BUI by challenging the legality of the stop, testing administration, or by relying on statutory BAC presumptions. Finally, refusing to submit to a chemical breath test triggers an immediate, mandatory 180-day administrative suspension of vessel-operating privileges, and the refusal is admissible as consciousness of guilt in a criminal trial.
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