Boating Under the Influence Law
Over the past several years there have been several high profile boating
accidents resulting in fatalities on South Carolina waterways. This has
led to a significant increase in the number of boaters arrested and criminally
charged for boating under the influence (BUI). This is a serious charge
and if convicted you can face a mandatory suspension of your boating privileges,
jail sentence, fine and permanent criminal record.
Many experienced boaters are unaware at amount of law enforcement currently patrolling area lakes. Lake Murray for example is patrolled by the Richland County Sheriff’s Department, Lexington County Sheriff’s Department, Newberry County Sheriff’s Department, Saluda County Sheriff’s Department, South Carolina Department of Natural Resources and the United States Coast Guard. BUI is treated as a “zero tolerance” offense which means that arrests can be made with only minimal evidence. This makes it important for anyone arrested for BUI to consult with an attorney prior to appearing in Court.
If you have been arrested for BUI you likely have several questions about
your case:
When you meet with James Snell to review your BUI case you will receive a thorough review of South Carolina BUI law and court procedures along with a discussion of possible legal or factual defenses. This will include time to answer any specific questions you have about your case. Once you make the decision to retain our office for your case we will implement a step by step process designed to ensure that your rights are vigorously protected. We can also assist you in filing an appeal if you have been convicted for BUI even if you were originally represented by another law firm or you went to Court by yourself.
South Carolina BUI Penalties
South Carolina has different levels of BUI offenses depending on the prior
history of BUI convictions as well as the facts of the case. The base
charge for Boating Under the Influence is contained in S.C. Code §
50-21-112(B)(1). The full name for the law is “operation of moving
motorized water device or water device under sail while under the influence
of drugs and/or alcohol.” This offense carries up to thirty days
in the county jail. The penalty is enhances for those with prior convictions, BUI 2nd carries up to one year in prison and BUI 3rd carries a minimum of 60 days to a maximum of three years.
Sheriff and DNR BUI Cases
BUI arrests made by local law enforcement or the South Carolina Department
of Natural Resources will generally be referred to Magistrate Court for
first offenses. Those with prior convictions will face prosecution of their 2nd or 3rd level charge in the Court of General Sessions and there the State will
be represented by the Solicitor’s office.
Coast Guard BUI Cases
The United States Coast Guard regularly patrols Lake Murray performing
safety inspections which include looking for impaired boaters. If you
have been arrested by the Coast Guard, even for a first offense BUI, your
case will be referred for prosecution to Federal Court. James Snell is
admitted to practice in the United States Court for the District of South
Carolina and can represent you on any Coast Guard BUI case.
Felony BUI Defense
The most serious type of BUI offense is a Boating Under the Influence with
Great Bodily Injury or Death. These are exceedingly serious criminal charges
that can result in up to twenty five years (or more) imprisonment. We
recommend that defendants facing this level of charge make use of marine
accident reconstructionists, private investigators and other professionals
and expert witnesses to establish a strong defense. The
Law Office of James R. Snell, Jr., LLC, will make use of every available resource to ensure that our client’s
rights are protected when facing any felony level BUI.
If you are being investigated by the police after involvement in a serious boating accident you have a right to consult with a lawyer before agreeing to be interviewed. We represent clients charged with BUI or related offenses pending anywhere in South Carolina. Initial appointments are provided at no charge to prospective clients.
To schedule your appointment call our office at (803) 359-3301. All initial consultations are conducted in person at our office located at 123 Harmon Street in downtown Lexington.
