How are the penalties for a BUI conviction determined?
The penalties will be based on the specific details of each case. The boater’s blood alcohol content level is just one factor. Other factors include:
Was there property damage?
Were people injured?
If so, how serious were the injuries?
Did the BUI result in anyone’s death?
If the answer to any of those questions was “yes,” the penalties for a BUI conviction may be more serious.
Whether this is your first, second or third BUI offense also affects the penalties you could face. The maximum penalty for a first offense in South Carolina is 90 days in jail and a $1,000 fine.
What’s the legal limit for intoxication?
A blood alcohol concentration of 0.08% or more.
How does a BUI affect a DUI?
Boating under the influence convictions may be considered prior offenses if you are charged with a DUI in the future. If both offenses occur during the same five to ten year time period, then the offenses build on each other.
For example, if you have a BUI conviction and are charged with a DUI within that window of time, the DUI will be considered your second offense — even if you've never been cited for drinking and driving on land before.