Boating under the influence (BUI) on Lake Greenwood and in South Carolina

What the law covers

South Carolina's boating under the influence law, S.C. Code § 50-21-112, makes it unlawful to operate a moving motorized water device or a water device under sail on the waters of the state while under the influence of alcohol, drugs, or both, to the point that your faculties to operate are materially and appreciably impaired.

"Water device" is defined broadly: a motorboat, boat, personal watercraft (such as a jet ski) or vessel, water skis, an aquaplane, a surfboard, or a similar device. "Waters of the state" means waters within South Carolina's territorial limits, not private lakes or ponds.

The agency in charge is the S.C. Department of Natural Resources (SCDNR). In the boating statutes, "the department" means SCDNR, not the DMV.

Drinking on board versus operating

SCDNR has put it this way: consuming alcohol on the water is legal, but operating a moving motorized vessel or a vessel under sail while under the influence is not. The person at the helm is the one the law is aimed at.

BUI penalties

A BUI is a misdemeanor. Under § 50-21-112:

For a first offense, the court may allow 48 hours of public service instead of the minimum jail time, but cannot force you to choose it. For a second offense, the fine cannot be suspended below $1,000, and the court may order public service of at least 10 days instead of imprisonment.

Prior violations count if they happened within ten years of the latest one.

Losing your boating privilege

In addition to the fine and jail, SCDNR must prohibit you from operating any water device in South Carolina:

• 6 months for a first conviction
• 1 year for a second
• 2 years for a third

To get the privilege back, you must complete ADSAP, the same alcohol and drug program used for DUI, with the same cost limits, and a boating safety education program approved by SCDNR, at your own expense. Lake Greenwood lies in three counties (Greenwood, Laurens, and Newberry), and you can enroll with any certified ADSAP provider in the state; in Greenwood County that is Cornerstone. See the ADSAP guide.

When someone is hurt

Operating under the influence and causing great bodily injury or death to someone else is a felony under § 50-21-113:

No part of the sentence can be suspended, and probation is not allowed. SCDNR also suspends the boating privilege for any prison term plus three years.

Causing property damage, or an injury short of great bodily injury, is a misdemeanor punishable by a fine of at least $500, up to 30 days, or both, plus any prison term and a one-year suspension of the boating privilege.

Implied consent on the water

Boaters, like drivers, are considered to have consented to chemical testing if arrested for operating under the influence (§ 50-21-114):

• A breath test is offered first. Blood may be taken if you are physically unable to give a breath sample, and urine if the officer suspects drugs other than alcohol.
• Before any test, you must be told you do not have to take it, but that your privilege to operate a water device will be suspended for 180 days if you refuse.
• You can have a qualified person of your choice run additional tests at your expense, and the officer must give reasonable help to contact one.
• Refusing leads to the 180-day suspension, and the refusal is admissible at trial.

You can request a hearing on a refusal suspension. It is scheduled by the Administrative Law Court, and the 180 days begin the day after the order upholding the suspension if you request one.

The test results are treated the same way as in a DUI case: 0.05 or less is conclusively presumed not under the influence, more than 0.05 but under 0.08 creates no inference either way, and 0.08 or more allows an inference of being under the influence. A $50 fee is assessed on a BUI conviction to cover testing costs.

If you were arrested on the water

• Write down when and where you were stopped and by which agency. On Lake Greenwood, the county where it happened usually decides which court hears the case, so a stop on the Laurens or Newberry side may go to that county's court.
• Keep any notice of suspension from SCDNR, and ask about the hearing deadline right away.
• If you were also driving a car or truck afterward, the DUI law and the DMV process may apply as well; see the DMV hearing guide.
• Talk to a South Carolina attorney; the DUI lawyer guide explains how to find one.

SCDNR also offers boating safety courses; its archived notice lists course information at dnr.sc.gov and 800-277-4301. Call to confirm current options.