a close-up of a gavel

BUI Defense Attorneys Columbia SC

boating under the influence

A charge of operating a boat while under the influence of alcohol or drugs (BUI) is just as serious as a driving under the influence (DUI) charge. If convicted, a person can face hefty fines and possible jail time, depending on the circumstances of the case. If you or a loved one has been charged with boating under the influence (BUI), it is essential to hire an experienced South Carolina BUI defense lawyer to help you defend yourself against these allegations. 

At Truslow & Truslow, we have a team of attorneys with the skills, knowledge, and experience to protect you from the severe consequences of a BUI conviction. Do not wait any longer, call us at 803.256.6276 or fill out a contact form to schedule a consultation today. 

What is Boating Under the Influence (BUI)?

Boating under the influence (BUI) is the act of operating a boat while under the influence of alcohol or any other mind-altering substance. This act is illegal because it can cause serious harm to the operator of the boat, passengers aboard, swimmers, and other boaters. BUIs are treated similarly to DUIs, and there can be severe consequences for those who are convicted.

In recent years, law enforcement has implemented routine “safety checks” on waterways. If an officer suspects that you are impaired while operating a watercraft, you may be arrested or forced to take a breathalyzer test. A conviction for a BUI charge can result in suspended privileges, fines, imprisonment and a criminal record. At Truslow & Truslow, we know BUI charges can be daunting—fortunately, our BUI attorneys are well-versed in boating laws and can craft a persuasive defense to minimize the damage of a BUI charge.

  • I highly recommend Truslow & Truslow, Attorneys at Law, and more specifically Neal Truslow. He provided me with the help and service that I desperately needed. He is very personable and I felt a part of the “family” at Truslow and Truslow, not just another client. So, Columbia, if you need any assistance, Neal Truslow is your man. He won’t disappoint.
    Daniel


Read More Testimonials from our Clients!

BUI Defense

A BUI is a serious accusation that could carry harsh penalties, but you can only be convicted with evidence that is acquired legally. At Truslow & Truslow, we will make sure that law enforcement meets the standards required to punish someone so severely. If the evidence was gained improperly, we could make sure that it is not admitted to court. If the evidence is not enough to convict you or shows that you have not committed a crime, we will work to have the case against you dropped.

Even in the event of a conviction, there are ways to mitigate the punishment. At Truslow & Truslow, we know that everyone makes mistakes. Our lawyers are skilled at negotiating with the court to make sure that our clients do not suffer unjustly for simple mistakes. We are here to help you explore all of your legal options and find a solution that lets you move on with your life.

To be convicted of a BUI, the arresting officer must prove that you were “materially and appreciably” impaired, and therefore unfit to operate a watercraft. Criminal charges for a BUI rely on the defendant’s conviction history and other factors. If convicted, penalties for a misdemeanor BUI charge include:

  • First offense: 48 hours – 30 days of jail time, community service, fines, suspended boating privileges for a period of six months, completion of an Alcohol and Drug and Safety Action Program (ADSAP), and a mandatory boating safety course.
  • Second offense: 48 hours – one year of jail time, community service, a maximum $5,000 fine, suspended boating privileges for a period of one year, completion of an ADSAP, and a mandatory boating safety course.
  • Third offense: 60 days – 3 years of jail time, a fine of $3,500 – $6,000, suspended boating privileges for two years, completion of an ADSAP, and a mandatory boating safety course.

You may be charged with a felony BUI if your intoxication causes great bodily harm or death to another. These crimes carry criminal penalties of 1 – 25 years imprisonment or a $5,000 – $10,000 fine.

A BUI conviction can be life-changing, both monetarily and socially. Legal and financial penalties are not the only consequences that a BUI conviction could lead to. Just like with DUIs, there are long-term costs that could affect your plans for the future.

A BUI conviction could prevent you from operating a watercraft for months to years. Job opportunities, scholarships, and your future potential could all be lost if you are convicted of BUI. Fortunately, being charged with BUI does not guarantee a conviction. An experienced criminal defense attorney could help you get the charges against you dropped or reduced.

Why You Need a Lawyer

Defending yourself from a boating under the influence (BUI) accusation can be challenging. Legal requirements and procedures can be demanding, and the strain on your personal life can be exhausting. Don’t put yourself through the stress and turmoil of facing this challenge alone—let Truslow & Truslow help.

The law is a complex and difficult thing to learn. It can take years of study and practice before truly understanding the nuances and intricacies. Defending yourself from any accusation takes close attention to detail and a deep understanding of what the law is and how it works.

At Truslow & Truslow, our lawyers have that knowledge and experience, and we will put it to use for you. We believe that everyone deserves their fair day in court, and we will work tirelessly to make sure that you have the aggressive representation that you need. Contact us at 803.256.6276 right away so we can defend you against the BUI charge you are facing.

  • I cannot express how thankful I am for the service I received with Truslow and Truslow!! They were very courteous, professional, and handled my case in a very timely manner (especially since I was in the field)! I had received a speeding ticket and they were able to change it with no points to my DL! If you are in need of representation they are the ones to go with!!
    Josie

Why You Should Choose Truslow & Truslow

Truslow & Truslow is staffed with knowledgeable and experienced attorneys who put the needs of their clients first. Our lawyers—the father and son team of Douglas and Neal Truslow—are passionate defense attorneys with decades of practice in representing our clients. Both Neal and Douglas have extensive experience handling complex criminal defense cases. We are dedicated to our practice, and we will work diligently to ensure that our clients have the representation that they need to defend themselves against criminal accusations like BUI. Let us put our experience to work for you.

The lawyers at Truslow & Truslow know the arguments that prosecutors commonly use and how to counter them. We are aware of the legal standards that prosecutors need to meet before there can be a conviction, and we will make sure that no conviction can take place before those standards are met. Finally, we know how to negotiate with the court and other involved parties to get the best result that we can for our clients. At Truslow & Truslow, our lawyers are widely experienced and will put that experience to use defending you when you have been charged with boating under the influence.

Learn More About DUI Defense

Contact a BUI Lawyer in South Carolina

If you are accused of boating under the influence (BUI), you will need strong legal representation. Though a BUI charge can be intimidating, the skilled BUI lawyers at Truslow & Truslow can help you through this challenging time. If you or someone you know is facing BUI charges, call our Columbia offices at 803.256.6276, fill out a contact form on our site, or chat with us live to get started on your case today.

Common BUI Defense FAQs

How is a BUI different from a DUI in South Carolina?

While the laws are similar, a BUI is governed by specific boating statutes and enforced by different agencies, such as the South Carolina Department of Natural Resources (SCDNR) or the U.S. Coast Guard. The legal limit for blood alcohol concentration (BAC) is the same (0.08%), but the environment presents unique challenges for field sobriety tests. Additionally, a BUI conviction can result in the suspension of your boating privileges separate from your driver’s license, impacting your ability to operate any watercraft.

What gives an officer the right to stop and test me on the water?

Officers can stop your vessel for a routine safety inspection without any suspicion of wrongdoing. If during that inspection they observe signs of impairment (slurred speech, open containers, erratic operation), they may then investigate further for BUI. They must have reasonable suspicion to administer field sobriety tests and probable cause to arrest you. We scrutinize the initial stop and every subsequent step for constitutional violations.

Can I refuse a breathalyzer test on a boat?

Yes, but with severe consequences under South Carolina’s Implied Consent Law for boating. Refusal results in an automatic six-month suspension of your boating privileges for a first offense, separate from any criminal penalties. Furthermore, refusal can be used as evidence against you in court. The decision to submit to testing is critical and should be made with an understanding of the immediate and long-term ramifications.

What are the specific penalties for a first-offense BUI conviction?

A first-offense BUI is a misdemeanor with penalties that can include:
– Jail Time: 48 hours to 30 days.
– Fines: $200 to $1,000.
– Boating Privileges Suspension: 6 months.
– Mandatory Programs: Completion of the Alcohol and Drug Safety Action Program (ADSAP) and a boating safety course.
Even a first conviction creates a permanent criminal record and can lead to dramatically increased insurance premiums.

How do you defend against a BUI charge when field tests are done on a moving boat?

This is a key defense strategy. The standardized field sobriety tests (like walk-and-turn, one-leg stand) are designed for solid ground and are highly unreliable on a moving, unstable vessel. We challenge the validity of these tests and the officer’s conclusions. We also investigate environmental factors (sun glare, wind, waves) that could explain poor boat operation, and question the calibration and administration of any portable breath test used on the water.

Can a BUI charge affect my driver’s license?

While a BUI conviction itself does not trigger an automatic driver’s license suspension, there is a dangerous link. If you are convicted of a BUI and also have a DUI conviction within the last ten years, the BUI will be treated as a second DUI offense for sentencing purposes, which carries mandatory driver’s license suspension. We work to prevent any conviction that could create this damaging escalation.

Related Articles

Located in the Historic Arsenal Hill district in downtown Columbia, South Carolina, Truslow and Truslow proudly provides zealous legal representation throughout the State of South Carolina, and especially serving: Abbeville County, Aiken County, Allendale County, Beaufort County, Berkeley County, Calhoun County, Chester County, Clarendon County, Colleton County, Darlington County, Dorchester County, Edgefield County, Fairfield County, Florence County, Greenwood County, Hampton County, Kershaw County, Lancaster County, Laurens County, Lee County, Lexington County, Marlboro County, McCormick County, Newberry County, Orangeburg County, Richland County, Saluda County, Sumter County, and York County.

Schedule a Consultation