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In South Carolina, many people enjoy both driving and boating. But when it comes to drinking and operating a vehicle or boat, the law treats each situation differently. It’s important to know how the law changes based on whether you are on land or water. This can help you if you are facing charges for DUI or BUI. DUI stands for Driving Under the Influence. BUI means Boating Under the Influence. Both are serious, but they are not the same. Understanding these differences can help you know what to expect and how to protect your rights.

Where the laws apply

DUI laws apply to cars, trucks, and motorcycles that are on public roads or highways. That means the rules for drinking and driving come into play when you are on land, using a vehicle that is on a street or highway. BUI laws, on the other hand, are for boats or watercraft on lakes, rivers, or other public waterways. These laws apply even when you are far from the shore, out in open water. So, just because you are not on the road doesn’t mean the law can’t affect you.

Who can be charged

If you are driving a car or truck and your blood alcohol level is 0.08 or higher, you can be charged with DUI in South Carolina. You may also be charged if your ability to drive is affected by drugs or alcohol, even if your level is under 0.08. For BUI, the same 0.08 limit applies. But BUI charges can also happen if your behavior on the water shows you are too impaired to safely operate the boat. Law enforcement officers who patrol the water can arrest you even if you are just having a few drinks and seem unsteady or unsafe.

How officers stop and check you

On the road, a police officer needs a reason to pull you over. That could be swerving, speeding, or running a stop sign. They can’t stop you without a clear reason. But on the water, things are different. Law officers from the Department of Natural Resources or local agencies can stop your boat without needing a reason. They can do a safety check any time and may check for life jackets or fire extinguishers. If they see signs of drinking or drugs, they can start a BUI investigation. This makes it easier for officers to catch someone boating under the influence compared to driving under the influence.

Testing and arrest process

For DUI cases, officers may use field sobriety tests. These might include walking in a straight line, standing on one leg, or following a light with your eyes. If you fail, you may be asked to take a breath test. If you refuse, your license can be suspended. In BUI cases, field sobriety tests are different. They are done on shore, not on the boat. This is because boats move on water and can make tests unfair. You may be taken to land to complete the tests. If you refuse a breath test for a BUI, you can lose your boating privileges and face other penalties.

Penalties and consequences

Getting a DUI in South Carolina can lead to jail time, fines, license suspension, and required classes or programs. If it is your first time, the penalties may be lighter. But if it happens again, the punishment gets much worse. BUI charges also come with strong penalties. You can face fines, jail time, and lose your right to operate a boat. If someone is hurt or killed while you are under the influence on the water, the penalties increase fast. Both DUI and BUI can have long-term effects on your life, including problems with work and insurance.

How the court handles these cases

DUI cases usually go through the local magistrate or municipal court. You may have to appear in court, and your lawyer can help you fight the charges or negotiate a deal. BUI cases can also go through similar courts, but they may involve officers from the Department of Natural Resources. These officers may be the main witnesses in the case. The evidence may include videos, breath test results, and witness statements. Your defense may focus on whether the stop was fair, if the tests were done properly, or if the evidence is strong enough.

Defending against DUI and BUI charges

In both DUI and BUI cases, it is important to know your rights. You have the right to remain silent and to ask for a lawyer. You don’t have to answer questions about where you were or how much you drank. What you say can be used against you. A good defense will look at every detail of the stop, the arrest, and the testing. Sometimes officers make mistakes, and sometimes the equipment used is not accurate. Showing these errors can make a big difference in your case.

How boating culture affects BUI cases

Boating is often linked with fun, parties, and drinking. Many people think it is okay to drink while on the water. But South Carolina takes boating safety very seriously. Even if you are just relaxing on a lake, the law still applies. You can’t be drunk while driving the boat. If you switch drivers or let someone else take over, that person can be charged. It doesn’t matter if you are on a jet ski, a sailboat, or a small fishing boat. The law is the same.

Why DUI and BUI laws are different

The main reason these laws differ is because roads and waterways are different places. On roads, cars move fast in lanes and follow signs and lights. On the water, boats don’t have lanes, and there are fewer rules. Boats are harder to stop quickly, and drivers don’t always follow the same paths. Because of this, law officers need more freedom to stop boats and check for safety. That is why they can stop you without a reason on the water. It helps keep people safe.

What to do if you are charged

If you are facing DUI or BUI charges in South Carolina, you should take it seriously. These cases can move fast, and the rules can be confusing. You don’t want to go to court alone or guess what to do next. You should not wait to get help. Talking to someone who knows the law can help you understand your options and what steps to take.

Get the help you need now

If you are visiting this page, you or someone you care about may have recently been charged with boating while intoxicated with minors onboard in Texas. It’s completely normal to feel confused, stressed, or even scared about what comes next. At this moment, you need clear information, real answers, and someone who understands the challenges ahead. You’re not alone. Many people facing this situation worry about how it will affect their future and the well-being of their families. We are here to help guide you through this legal journey with care and commitment.

What It Means to Be Charged With Boating While Intoxicated

In Texas, boating while intoxicated, also known as BWI, means operating a watercraft while under the influence of alcohol or drugs. A person is legally intoxicated if their blood alcohol concentration is 0.08 percent or more. This law applies to all kinds of boats, including motorboats, jet skis, and other vessels powered by engines. The law takes these charges seriously because alcohol impairs judgment and slows reaction time, which can be dangerous on the water.

The Extra Weight of Having Minors Onboard

The situation becomes even more serious when minors are present on the boat at the time of the arrest. Texas law views this as a much more dangerous act. If you are charged with BWI and there are children under the age of 15 on board, you may also face charges of child endangerment. This means the law treats the case as not only a crime involving alcohol, but also one involving the safety and protection of children.

This added charge comes with stricter punishments. Not only could you be facing the normal penalties for BWI, such as jail time, fines, and a suspended boating license, but you may also be looking at an additional felony charge. That felony alone can result in a fine of up to $10,000, up to two years in state jail, and long-term effects on your record.

Why These Charges Are More Than Just a Fine

Many people don’t realize how much a charge like this can change their lives. A felony conviction can stay on your record for life. This could make it hard to find a job, get housing, or even keep custody of your children. It can also affect your ability to hold certain licenses or professional certificates. And because it involves children, Child Protective Services may also get involved in your case. That can add even more pressure and fear.

This is why taking immediate legal action is so important. If you’re facing charges for boating while intoxicated with minors onboard, time is not on your side. The sooner you act, the better chance you have at protecting your rights, your family, and your future.

How Texas Courts Treat These Cases

Texas courts treat cases involving children on board during a BWI very seriously. Judges and prosecutors will often pursue these charges strongly because they believe children were put at risk. They may see this situation as more than just a mistake. They might view it as reckless behavior.

In court, this can work against you if you are not fully prepared. Evidence such as your blood alcohol level, the behavior officers saw at the scene, and whether or not the children were wearing life jackets may all be used. The court might also listen to what the children say happened during the boat ride. All of this can paint a picture that is very hard to overcome without skilled legal help.

What a Lawyer Can Do for You

If you’re facing this charge, a lawyer can make a real difference in how your case turns out. There may be details in how the officers handled the stop or the testing that could help your case. A lawyer can look into how the blood or breath test was done. If it wasn’t done the right way, it could be challenged in court.

A lawyer can also work to show the court the whole story about you. Maybe this was your first time ever being in trouble with the law. Maybe there were special circumstances that the judge needs to understand. Maybe you’ve already taken steps like enrolling in alcohol education or parenting classes. These things can help show that you are taking the matter seriously.

Your Defense Might Begin With the Smallest Detail

Many boating while intoxicated cases have been won or reduced because of small but important facts. Maybe the officer did not have a good reason to stop the boat in the first place. Maybe the field sobriety tests were given in a way that doesn’t fit boating situations. For example, balance tests on a dock or uneven surface might not be fair or accurate. These details can all play a big part in building a defense.

Protecting Your Rights and Your Family

When children are involved, it’s not just your freedom at stake. It’s also your role as a parent or guardian. That’s why the right legal defense will not just focus on the charge itself, but also on making sure your family remains safe and together. Judges want to see that parents are taking action to protect their children’s future, and showing this can help in court.

If CPS is involved, a lawyer can help guide you through their process too. They can speak on your behalf, help you meet any requirements, and work to keep your family together. This is especially important if you are also in a custody situation or trying to keep your record clean for future child-related responsibilities.

Every Case Is Unique and Deserves Full Attention

No two boating while intoxicated cases are the same. Some people were just trying to enjoy a day on the lake with their kids. Others may not have realized they were over the legal limit. Still others may not even have been driving the boat but were charged anyway. That’s why it is so important to have someone look at every part of your case, from the stop to the charges to the possible outcomes.

Now Is the Time to Get the Right Help

If you or someone close to you is facing a charge of boating while intoxicated with minors onboard, this is not something to wait on. The choices you make now can shape the rest of your life. The court may give you only a few days to respond to certain filings. The longer you wait, the harder it can be to build a strong case.

Don’t face this situation without the support and legal help you need. We understand what you’re going through and how overwhelming this can feel. We are ready to listen, review your case, and fight for the best possible outcome for you and your family. You don’t have to do this alone.