BUI

BUI Lawyer in Charleston, SC

Criminal Defense for Boating Under the Influence Charges

A BUI charge in South Carolina isn’t a watered-down DUI. It’s a separate criminal offense governed by its own statute, S.C. Code Ann. § 50-21-112, with its own penalty structure, mandatory minimums the court can’t suspend, and procedural rules that differ from anything you’d encounter in a standard DUI case. If you were stopped on Charleston’s harbor, the Cooper River, or any local waterway, you need a criminal defense attorney who understands these distinctions from day one.

Seibert Law Firm defends individuals facing BUI charges in Charleston and the surrounding area. Attorneys Kevin M. Seibert, Esq. and Rebecca A. Seibert, Esq. are members in good standing of the South Carolina Bar Association, and BUI defense falls squarely within our dedicated criminal defense and DUI practice area. DNR officers actively patrol Charleston County waterways, and arrests happen regularly, especially on weekends and holidays.

Don’t wait to get legal advice on a BUI charge. Call (843) 428-6360 to schedule your free case evaluation with Seibert Law Firm today.

South Carolina BUI Penalties by Offense

The consequences of a BUI conviction escalate sharply with each prior offense and reach felony level when serious harm results. Many fines and minimum jail terms can’t be suspended by the court, which makes the stakes real even for a first arrest.

Misdemeanor BUI penalties under S.C. Code Ann. § 50-21-112:

First offense: $200 fine, 48 hours to 30 days in jail (or community service), 6-month boating privilege suspension, mandatory enrollment in the Alcohol and Drug Safety Action Program (ADSAP), and a mandatory boating safety course
Second offense: $2,000 to $5,000 fine, at least 48 hours up to 1 year in jail (or 10 days community service), 1-year boating privilege suspension, boating safety course required
Third offense: $3,500 to $6,000 fine, 60 days to 3 years incarceration, 2-year boating privilege suspension, boating safety course required
BUI involving property damage: A fine of not less than $500 and/or up to 30 days in jail, 1-year boating privilege suspension

When a BUI results in great bodily injury, the charge becomes a felony carrying a $5,000 to $10,000 fine and 30 days to 15 years imprisonment. When death results, the felony penalties rise to a $10,000 to $25,000 fine and 1 to 25 years imprisonment. Both felony tiers carry a 3-year boating privilege suspension.

Refusing a breath or blood test under South Carolina’s implied consent law for watercraft operators triggers an automatic 180-day boating privilege suspension. That suspension can be challenged at an administrative implied consent hearing, but the request must be made promptly after arrest.

Defending Your BUI Charge in Charleston

Every BUI case is fact-specific. The defense strategy depends on how the stop happened, what field sobriety tests were administered, how any BAC test was conducted, and whether the vessel was actually moving at the time. We build a tailored plan for each client rather than applying a one-size approach.

Kevin M. Seibert and Rebecca A. Seibert are members of both the South Carolina and Georgia Bar Associations, and our firm received the 2017 Avvo DUI and DWI Client Choice Award, a distinction that reflects the feedback of real clients navigating serious criminal charges. We pursue reduced or dismissed charges aggressively while keeping clients informed at every stage. We also offer competitive pricing, financing options, and accept cash, checks, and major credit cards so that cost doesn’t have to be a barrier to a strong defense.

Get a Free BUI Case Evaluation

Implied consent suspension deadlines are time-sensitive, and mandatory minimums mean even a first BUI offense carries real consequences. The earlier you have counsel reviewing the facts, the more options may remain available to you.

Seibert Law Firm offers free case evaluations for BUI charges in Charleston and the surrounding area, including Summerville. Call (843) 428-6360 to speak with our team and take the first step toward protecting your rights.

How BUI Differs from DUI Under South Carolina Law

South Carolina’s BUI statute, S.C. Code Ann. § 50-21-112, defines impairment as operating a vessel when the operator’s faculties are “materially and appreciably impaired.” That language mirrors the DUI statute in some respects, but the two charges operate under different procedural rules, different defenses, and different penalty structures. They aren’t interchangeable.

A blood alcohol concentration (BAC) of 0.08% or higher creates a legal presumption of impairment under the BUI statute. A BAC between 0.05% and 0.08% carries no presumption but may be considered by a judge or jury. A person can also be charged with a BAC below 0.08% if observable impairment of boating ability is present. The statute covers motorized vessels and vessels under sail; canoes, kayaks, and paddle-propelled craft are excluded. The vessel must also be moving. Operating equipment on an anchored or stationary boat doesn’t satisfy the statute’s requirements. South Carolina has no open container prohibition for boats, but the operator’s BAC limit applies regardless of passengers drinking aboard.

How DNR Officers Investigate BUI on Charleston Waterways

DNR officers patrolling Charleston County waterways can board and inspect any vessel for a safety check without probable cause. If that check reveals probable cause of impairment, they can arrest the operator for BUI. This is a meaningful distinction from a standard traffic stop, where an officer needs a reason to pull someone over before observing signs of impairment.

Once stopped, officers typically administer a modified field sobriety test battery adapted for marine environments. But these tests happen on a floating vessel or on a dock immediately after someone has stepped off the water, and the marine environment itself affects balance and coordination independently of alcohol. Wave motion, wind, sun exposure, and extended time on the water can all produce signs that mimic impairment. These conditions form a legitimate basis to challenge field test reliability.

One significant difference from DUI cases: South Carolina’s DUI law requires mandatory video recording of the arrest, field sobriety tests, and breath test procedure, and failure to comply results in dismissal. The BUI statute has no equivalent videotaping requirement, which removes one of the most powerful automatic dismissal tools available in DUI defense. As a result, evidence in BUI cases often rests heavily on the arresting officer’s testimony.

Defense Strategies in South Carolina BUI Cases

To secure a BUI conviction, the state must prove two things: that the operator was operating a moving vessel, and that their faculties were materially and appreciably impaired at the time. Both elements can be contested.

Common defense approaches include:

Moving-vessel challenge: If the vessel was anchored or stationary, the statute’s operating requirement isn’t satisfied
Field sobriety test reliability: Tests administered on water or immediately after disembarking may not accurately measure impairment given marine environmental factors
BAC test admissibility: Accuracy and chain-of-custody issues with breath or blood tests taken under marine conditions may be grounds for challenge
Lawfulness of the stop or boarding: Safety-check authority has limits; if the boarding exceeded its lawful scope, evidence gathered may be challenged
Officer testimony: Without mandatory video, cross-examination of the arresting officer’s observations becomes central to the defense

South Carolina also recognizes related watercraft charges that may be filed alongside or instead of BUI. Negligent operation of a water device and reckless operation of a water device are both misdemeanors carrying up to 30 days in jail. Reckless homicide by operation of a boat requires no intent, only proof of criminal negligence, and carries up to 10 years imprisonment. Which charges are on the table and how they interact shapes the entire defense approach.

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