The BUI laws in South Carolina make it illegal to operate a moving boat or other watercraft while impaired by alcohol, drugs, or both.
A BUI can lead to fines, jail time, loss of boating privileges, required alcohol and drug services, and boating safety education. If a boating crash causes injury or death, the penalties can be far more serious, and the same facts may also support a personal injury or wrongful death claim.
For injured people and their families, a Charleston boating accident lawyer can explain what options may be available under South Carolina law.
Understanding South Carolina’s Boating Under the Influence Laws
A BUI (boating under the influence) offense in South Carolina is defined as the act of operating a moving motorized watercraft, or a watercraft under sail, while impaired by alcohol, drugs, or a combination of both.
A BUI can involve alcohol, illegal drugs, prescription medication, over-the-counter medication, or a mix of substances if they affect safe operation on the water.
These cases look at:
- How the vessel was operated.
- Whether the operator smelled of alcohol.
- Whether the operator had bloodshot eyes, slurred speech, poor balance, or delayed responses.
- Whether witnesses saw drinking or drug use before the crash.
- Whether chemical testing showed alcohol or drugs.
- Whether the operator violated boating safety rules.
If a BUI-related crash injures someone, those same facts may be used in a civil injury claim. A criminal charge and an injury claim are separate, but the evidence can overlap.
What Is the Legal Alcohol Limit for BUI in South Carolina?
South Carolina law uses alcohol concentration levels to help determine whether a person was under the influence while operating a watercraft.
The rules generally work as follows:
- 0.08% or higher: Can be used as evidence that the person was under the influence.
- More than 0.05% but less than 0.08%: Does not automatically prove the person was or was not under the influence, but it can be considered with other evidence.
- 0.05% or lower: South Carolina law treats this as proof that the person was not under the influence of alcohol.
A person can still face a BUI allegation without a 0.08% test result if other evidence points to impairment. Officer observations, witness statements, vessel operation, drug evidence, and crash evidence can all be reviewed.
How Can South Carolina BUI Laws Affect an Injury Claim?
South Carolina BUI laws can affect an injury claim because impairment evidence may help prove fault. If a boat operator was under the influence and caused a crash, that fact may explain why the collision happened and why the operator should be held financially responsible.
A civil injury claim is separate from the criminal BUI case. The criminal case focuses on penalties imposed by the state. The civil claim focuses on the injured person’s losses.
If you were injured in a BUI-related accident, you could potentially recover compensation for the following losses and costs:
- Emergency treatment
- Hospital bills
- Surgery
- Follow-up care
- Physical therapy
- Medication
- Future medical care
- Lost income
- Reduced earning ability
- Pain and suffering
- Physical limitations
- Scarring or disfigurement
- Damage to a boat or other personal property
- Wrongful death damages when the crash is fatal
South Carolina’s modified comparative negligence rule can also affect your recovery. If you are found partly at fault, your compensation may be reduced by your percentage of fault.
If your share of fault is greater than the fault assigned to the other side, you may not be able to recover compensation.
Who Is Liable After a BUI-Related Boating Accident?
The impaired operator is often the main source of fault, but other parties may also be responsible, depending on the facts of your case. These claims can also involve more than the person who was arrested.
Possible liable parties can include:
- A boat operator who operated under the influence.
- A boat owner who allowed an unsafe person to operate the vessel.
- A rental company that failed to provide safe equipment or required safety gear.
- A tour company whose employee caused or contributed to the crash.
- Another vessel operator who also acted carelessly.
- A manufacturer or repair provider if equipment failure contributed to the accident.
Insurance can also come from more than one source, including boat, homeowners, umbrella, commercial, or rental business policies. Identifying all possible coverage can help determine how you can recover compensation.
What Should You Do if You Are Dealing With a BUI-Related Boating Incident?
After receiving initial medical treatment for any injuries you sustained, focus on following your doctor’s instructions and getting legal help before you speak at length with an insurance company. BUI-related claims can involve law enforcement records, chemical test evidence, witness statements, boating rules, and multiple insurance policies.
After your first medical visit, helpful steps can include:
- Continuing your medical care and keeping follow-up appointments.
- Keeping medical bills, discharge papers, prescriptions, and therapy records.
- Saving any photos, videos, witness names, or messages related to the accident.
- Keeping pay records if your injuries caused you to miss work.
- Avoiding giving a recorded statement to an insurer before you understand your rights.
- Not signing a settlement release until your injuries and losses have been reviewed.
You do not have to gather every record or deal with the insurance company on your own. A lawyer can request incident reports, preserve evidence, review impairment-related facts, identify available insurance, and handle communication with the insurer while you focus on your recovery.
Talk to Auger & Auger About South Carolina BUI Laws and Injury Claims
South Carolina BUI laws can lead to criminal penalties for impaired boat operators, and they can also affect injury claims after a boating accident.
Auger & Auger Accident and Injury Lawyers is a local, family-owned law firm that has served the Carolinas since 1995. Our legal team can help gather evidence, identify available insurance, and explain what compensation may be available under South Carolina law.
We offer online document signing and handle injury claims on a contingency fee, which means you do not pay attorney’s fees unless we recover compensation for you. Contact Auger & Auger today for a free consultation.
