Planning a boat day over Memorial Day weekend? Whether you’re heading to Lake Murray, Lake Hartwell, or the Charleston Harbor, it’s important to know what South Carolina law says about alcohol on the water. Boating is one of the state’s most popular holiday pastimes, and with warm weather and time off work, it’s easy to see why. But before you crack open a cold beer while cruising the lake, make sure you understand the laws surrounding Boating Under the Influence (BUI) and what can happen if you’re arrested.
Yes, BUI Is Illegal and Aggressively Enforced
You can legally have alcohol on a boat in South Carolina. There’s no law against drinking on the water as a passenger. However, everything changes once the boat operator becomes impaired. Operating a vessel while under the influence of alcohol or drugs is a criminal offense. Just like on the road, the legal blood alcohol limit for boaters is 0.08 percent.
Over Memorial Day weekend, law enforcement from the South Carolina Department of Natural Resources (DNR) will be patrolling popular lakes, rivers, and coastal areas. They are trained to spot signs of intoxication, and they are out in full force during holiday weekends. If you are operating a boat and show signs of impairment, you will likely be stopped and investigated.
Common Triggers for BUI Investigations
There are several scenarios that can lead to a BUI stop. Reckless driving is one of the most common. Speeding, creating large wakes in no-wake zones, or operating too closely to other boats can all draw attention. DNR officers may also respond to complaints from passengers or witnesses who report dangerous or erratic behavior. Accidents or injuries on the water often trigger investigations as well.
Sometimes, BUI arrests happen as a result of routine safety checks. Officers might board your boat to ensure you have the required life vests or fire extinguishers. If they suspect the operator has been drinking, that check can quickly escalate into a criminal investigation.
Field Sobriety Tests on the Water
Boat operators may be asked to perform shoreline sobriety tests, which are especially difficult after a day in the sun or rough water regardless of how much you may have had to drink. If you’re arrested, expect the same treatment as a DUI: jail, fines, and a criminal charge.
Legal Limitations on Open Containers
While passengers can usually drink on a boat, open container laws still apply once you’re back on land, especially in marinas or launch areas.
What Boaters Should Do
The best way to avoid a BUI is to plan ahead. Designate a sober captain before you leave the dock. If you plan to drink, wait until you’re safely anchored or back at the dock before doing so. It’s also critical to know where you are on the water. Jurisdiction matters and can affect which agency conducts the arrest and how your case proceeds.
If you’re charged with BUI, contact Truslow and Truslow right away. We know the ins and outs of boating law in South Carolina, and we can help you fight back.