Will I Get Penlized For Not Registering My Boat In South Carolina Within 30 Days

South Carolina BUI Laws: Consequences, Offenses, Jail Time

As summer approaches in South Carolina, people are washing the pollen off their boats and getting geared upward for another summer of memories on the water with their friends and family. Some things yous may be thinking about is getting out those fishing poles and tackle boxes for a fun 24-hour interval of fishing.

Practice the brake lights work on your boat trailer? Ah, those pesky brake lights. Every year they seem to get a "short" in them. Is the boat gassed up? Where's the sunscreen and embankment towels? Practise nosotros have enough life jackets and a whistle in example we are stopped past DNR? Where is the bluetooth speaker then we tin can have music on the boat? Practise we demand ice? Where are the beers? Did anyone bring waters or gatorade?

Yous have thought of every detail for a perfect twenty-four hours on the beach to kicking off the summer. Probably no ane (other than me) thinks near Canoeing Under the Influence (BUI) when making summer canoeing plans. But information technology is a reality that everyone should consider who is not only operating a boat, simply even riding on a gunkhole. Gunkhole safety is so important for your boat and for other boaters on the water.

In this article y'all will learn:

The divergence between misdemeanor and felony boating nether the influence charges;
The penalties for a boating under the influence conviction;
Helpful tips for avoiding BUI charges; and
What to do and what non to do when on the water.

Boating Under the Influence Charges in SC

Believe me, I desire everyone to have as much fun on the water as possible. But I also don't want anyone to be under the influence while operating a boat.

Boating under the influence is very dangerous for many reasons. Some people are not used to driving boats. Even if you are an experienced boater, your equilibrium can still exist thrown off by the waves and moving gunkhole. In the hot lord's day and humidity you may become thirsty and potable alcohol considering you lot forgot to bring water. You lot may not consume to counter the amount of alcohol you lot are consuming. There are so many reasons why, before you know information technology, without even realizing information technology, you are boating under the influence.

Remember, boating under the influence doesn't just hateful being nether the influence of alcohol - it tin be under the influence of any substance (legal or illegal) that alters your ability to operate a motor vehicle.

"Boat Landing" Cases

Another very of import consideration is if you are canoeing under the influence and you lot become to the landing or marina to park or drive your boat unto the boat trailer, y'all may get in your truck or SUV to drive home. Beware! That is the time you could be in danger of getting a Driving Under the Influence accuse! It is not uncommon for law enforcement to police the public gunkhole landings and marinas for this very thing.

I take handled numerous "boat landing" cases. If you are non a regular boater, it'south no secret that people go incredibly frustrated at boat landings. In the lowcountry if you are working confronting the tides or strong currents, you can hands risk crashing your boat on the dock. You are tired, hot, and hungry. You accept a headache from the sunday and all you lot can recollect nigh is how long it's going to accept to unload and wash the boat once you get home. If you are lucky you too will be cleaning and frying the fish you caught.

You may go frustrated with the person in the gunkhole if you are on the dock trying to throw the tie in ropes and you miss the throw and the rope falls into the saltwater. Other boaters may exist waiting in line to put their boats in and you may feel embarrassed or just angry that the loading is not going smoothly.

Know that police are watching these areas. Keep your absurd. Have your time. Information technology'southward not worth getting arrested for assault and battery or domestic violence at the boat landing. Believe me, it happens. I have prosecuted those cases and I accept defended them! Don't become arrested for open up container, possession of drugs, domestic violence, or anything at the boat landing or driving away from the boat landing. And take it piece of cake on the people trying to help you. They want to become the gunkhole loaded and get out of there as quickly as you practice.

BUI Charges & Penalties

First, nosotros will expect at some legal "jargon" chosen informed consent. Similar to the motor vehicle Driving Under the Influence statute. When yous are operating a boat, you are presumed to have given your implied consent to agree to taking a claret or breath test if e'er arrested for BUI. Many people exercise not realize this when they are operating a gunkhole. If you turn down a claret or jiff test for a BUI, there volition exist consequences.

Misdemeanor Canoeing Nether the Influence Charges

South Carolina has two master requirements to prove in a BUI. These requirements are the same whether the BUI ends up being a misdemeanor or a felony:

The boat driver must exist proved to be the i operating the gunkhole; and
The boat driver did and so while materially and appreciably dumb (the boat commuter was under the influence of booze, illegal drugs, or legal drugs, or another substance, or a combination of some or all of them)

In SC, it is illegal to operate a moving motorized water device or water device while on the water under the influence of drugs, booze, or a combination of both. This crime is known equally Canoeing Nether the Influence. The agency that may exist absorbing someone for BUI could be a sheriff'due south department, the Southward Carolina Section of Natural Resources (DNR), or any law enforcement agency.

What is the legal limit for misdemeanor BUI?

At that place is no "legal limit" per se. The legal limit for operating a motor vehicle is .08% and this would be comparable to a BUI. The real threshold is if the boat commuter is "materially and appreciably impaired," pregnant information technology's upward to the absorbing officeholder to interpret the field sobriety tests and the blood/breath tests.

Penalties for Misdemeanor BUI Convictions

If you have never been convicted of a previous BUI, y'all will be charged with BUI 1st. Still, if y'all have had a conviction for BUI in the concluding 10 years, yous may be charged with BUI 2nd, BUI 3rd, and and then on, depending on how many BUI convictions you have on your record.

Just BUI convictions inside the past ten years of the final offense will count equally a prior BUI conviction. If your prior BUI conviction falls outside of the ten year timeframe, you will be charged with BUI 1st since the BUI convictions from over 10 years ago are non taken into consideration.

Misdemeanor BUI conviction, 1st law-breaking

You could be facing a $200 fine plus court costs or 48 hours to xxx days in jail. If 48 hours of jail time is ordered, the judge tin instead order community service hours; this tin exist turned downwards by the accused and instead serve jail time. Y'all volition lose your privilege of operating a boat for 6 months.

Misdemeanor BUI conviction, second offense

You could exist facing a $2,000-v,000 plus court costs fine AND 48 hours to ane year in jail. The fine can't be suspended to less than $1,000. The Court can order community service instead of jail time, but not less than 10 days. You will lose your privilege of operating a boat for 1 twelvemonth.

Misdemeanor BUI conviction, tertiary criminal offense

You could exist facing a $3,000-vi,000 fine plus court costs AND lx days to 3 years in jail. Y'all will lose your privilege of operating a gunkhole for 2 years.

All convictions under this misdemeanor BUI conviction section require those accused to complete a mandatory canoeing rubber education programme. Y'all are responsible for the costs of this plan.

Misdemeanor BUI Involving Damage to Property/Less Than Bully Actual Injury

If you damage property that does not vest to you during the committee of your misdemeanor BUI, and the corporeality of belongings damage rises to a level of misdemeanor BUI, yous could be charged with misdemeanor BUI involving damage to holding or less than keen bodily injury. The belongings damage or bodily injury must be to another'southward property or person, not your own.

If, during the course of committing a misdemeanor BUI, you cause bodily injury to someone and the bodily injury is classified under the statute every bit "less than great bodily injury," you lot can be charged with misdemeanor BUI involving damage to holding or less than keen bodily injury.

Penalties for BUI Involving Damage to Property/Less Than Dandy Bodily Injury Convictions

If you are convicted of misdemeanor BUI involving impairment to holding or less than cracking bodily injury, y'all could be fined at least $500 plus court costs or 0-30 days in jail, or both.

Additionally, you lot will lose your privileges to operate a boat for i yr. This i yr menstruum begins once you finish serving your jail time. Your time in jail does not count towards serving this one year of suspension of your canoeing privileges.

Felony Canoeing Nether the Influence Charges

It is confronting the law in SC to:

Operate a boat on the water while under the influence of alcohol, drugs (legal or illegal), or a combination of the 2; AND
Crusade great actual injury or death of a person other than himself.

In order for someone to be convicted of Felony BUI in SC, the State must show beyond a reasonable doubt that:

The accused was operating the gunkhole; and
The accused was materially and appreciably impaired; and
Accused caused the victim's great bodily injuries and/or decease if death results.

What is great bodily injury?

In SC, great bodily injury is Injury that creates a substantial risk of decease or causes serious permanent disfigurement or protracted loss or impairment of the part of any bodily member or organ of the victim.

Penalties for Felony BUI Convictions

A convicted felon loses sure constitutional rights, such every bit the correct to vote. At that place are many other very serious consequences of becoming a convicted felon.

The penalties for a confidence of felony BUI in SC differ depending on the severity of injury that you crusade the victim or victims to suffer.

If, as a result of your Felony BUI conviction in SC, the victim suffers great bodily injury, the consequences are:

$v,000-10,000 fine plus courtroom costs AND 30 days to 15 years in prison.

If, as a result of your Felony BUI conviction in SC, i or more than victims die, the consequences are:

$x,000-25,000 fine plus court costs AND 1 year to 25 years in prison.

When a judge is sentencing someone for felony BUI, no part of the judgement may exist suspended. Probation is not an selection for a conviction of Felony BUI. If you are convicted of felony BUI in SC, you volition lose your privilege to operate a boat for 3 years. This suspension period begins after you accept served your jail/ prison time. You do not get credit for the pause while you lot are serving time in jail/ prison. A conviction for felony BUI is not a crime that is eligible for expungement.

Is information technology illegal to concur a beer while operating a boat?

This is a question I get asked often, and so I thought I would include in this blog article. I would not recommend always holding a beer or alcoholic potable while operating a boat. I would not recommend having a beer in a coozie or alcoholic beverage in cupholders around where the driver of the gunkhole is. Even if the driver of the boat is not intoxicated or under the influence, having an alcoholic beverage or beer near the driver could give police force enforcement reasonable suspicion to pull over your boat and possibly search the boat.

The all-time practice is to not swallow any alcoholic potable while operating a boat. There may exist other boat drivers that are not and then conscientious and as a boat operator you should always be on the sentinel for other boaters who are under the influence. Retrieve there are no "brakes'' on boats. Operating a boat nether the influence combined with devil-may-care boat operators is a terrible combination.

Don't let this happen to you! Be a responsible boater. No one who gets a BUI ever sets out to hurt someone, simply in one case it happens, at that place is no turning back. Avert these tragic situations by operating a boat responsibly.

Means to Avert Getting a BUI Charge

The easiest fashion to avert a BUI charge is not to operate a gunkhole while under the influence of drugs or alcohol! Also, ready out some rules for people getting on your boat: do non allow them to bring drugs on your boat. If yous are pulled over and law enforcement has reason to search your gunkhole, you lot may be responsible for the illegal substances your passengers bring onto the boat.

Create a checklist on your telephone or put a annotation on your fridge to remind y'all each fourth dimension what you demand for safely operating your boat. Don't forget to include on the listing bottled water or non-alcoholic beverages.

Go on the requisite amount of life jackets, whistle, flares, flashlights and other safety equipment on your boat in case you are stopped by constabulary enforcement. Assume you will be stopped by law enforcement and accept your safety equipment handy for law enforcement.

Practice non exist rude to law enforcement in the event that you are pulled over. Be courteous! Stop immediately when you are being pulled over. Law enforcement is simply doing their chore and y'all and your passengers demand to be respectful to police force enforcement, even if you experience you lot have been pulled over for a artificial reason.

You are responsible for the conduct of your passengers. Do non draw the attending of law enforcement to your boat by obeying the SC boating laws.

Here are a few examples of things to practise and what non to practice:

Practise not permit passengers hang their legs and arms over the side of your gunkhole.
Do not overload your boat with passengers. If the maximum corporeality is 9 people on your boat, don't try to cram 14 (same with weight capacity).
Do not blast loud music, shout, or launch fireworks from your boat and and so go surprised when you are pulled over past law enforcement.
Have a talk with your passengers earlier yous put your boat in the water or at the kickoff of your gunkhole trip with whatsoever rules or laws that should be followed.
Have your gunkhole'due south registration and proof of insurance handy and up to date.
Do non let trash fly out of your gunkhole. You are responsible for trash that accidentally flies out of your boat.
Bide by the "no wake" zone signs. Even if you are in a bustle to become somewhere, have respect for dock owners. Yous would not want someone trashing your dock that yous worked hard to build. The docks accept a beating with the salt water and tides. Y'all don't need to cause unnecessary holding damage to docks because you are in a bustle, or it seems to not be "cool" to slow downwards in no wake zones. The holding owners will phone call you into law enforcement. They may even take dock cameras.
Have your numbers clearly displayed on the side of your gunkhole. Follow the rules of which sides they should be displayed and how. Make them large enough to exist seen from a distance.
Scout the tides. If you park your boat on a sandbar and the tides are going out, you could get stuck at that place for hours. You don't want constabulary enforcement to exist drawn to your boat because you lot were likewise drunkard to notice it was being trapped on a sandbar. People seem to drinkable more and more when this happens. They may not accept food. It's not a good state of affairs.
Practise non mess with the wildlife. Only considering alligators are floating in the aforementioned surface area where y'all are doesn't hateful you demand to bulldoze over to them, throw objects at them, or swim with them. Use your encephalon. Don't bother the dolphins. Yes, they are cute, simply they are in their wild habitat. Leave them solitary. Don't bother sea turtles or their nests. Don't feed the seagulls alka seltzer. Only get out the lowcountry wildlife alone!
Do not dig holes at the beach and not embrace them up when you are finished. The body of water turtles can get trapped in those holes.
Do non shoot guns from your boat.
Be courteous and patient with others at the boat ramp. As well, don't park illegally! If you are in a car with no trailer at the boat ramp, park in an appropriate parking spot.
Obtain the appropriate saltwater line-fishing license. Notice all saltwater fishing rules, including size and limits. For instance, only male blue crabs should be kept and merely if they are v inches from point to point. A great measuring device is a regular sized soda can. Avoid fishing or boating in areas that are prohibited.

Charged with BUI in South Carolina?

BUI cases can be fought. Don't just plead guilty! A defense force attorney can claiming the video of the arrest, breath or blood test, reports, statements, etc.

Contact Susan Williams today for a complimentary consultation.

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