All too frequently a good time on the water with sun and suds leads to someone getting injured.   Intoxicated boating leads to collisions, persons falling on the deck or even overboard.   The same rules  apply to boating as they do to driving a motor vehicle.  If you have been injured by the negligence of a drunk boater, call the Kerr Law Firm today for a free consultation.

 

South Carolina DUI Statute:

§ 56-5-2930.Operating motor vehicle while under influence of alcohol or drugs; penalties; enrollment in Alcohol and Drug Safety Action Program; prosecution

(A) It is unlawful for a person to drive a motor vehicle   within this State while under the influence of alcohol to the extent that the   person’s faculties to drive a motor vehicle are materially and appreciably   impaired, under the influence of any other drug or a combination of other drugs   or substances which cause impairment to the extent that the person’s faculties   to drive a motor vehicle are materially and appreciably impaired, or under the   combined influence of alcohol and any other drug or drugs or substances which   cause impairment to the extent that the person’s faculties to drive a motor   vehicle are materially and appreciably impaired. A person who violates the   provisions of this section is guilty of the offense of driving under the   influence and, upon conviction, entry of a plea of guilty or of nolo   contendere, or forfeiture of bail must be punished as follows:

(1) for a first offense, by a fine of four hundred dollars or   imprisonment for not less than forty-eight hours nor more than thirty days.   However, in lieu of the forty-eight hour minimum imprisonment, the court may   provide for forty-eight hours of public service employment. The minimum   forty-eight hour imprisonment or public service employment must be served at a   time when the person is not working and does not interfere with his regular   employment under terms and conditions the court considers proper. However, the   court may not compel an offender to perform public service employment in lieu   of the minimum forty-eight hour sentence. If the person’s alcohol concentration   is at least ten one-hundredths of one percent but less than sixteen   one-hundredths of one percent, then the person must be punished by a fine of   five hundred dollars or imprisonment for not less than seventy-two hours nor   more than thirty days. However, in lieu of the seventy-two hour minimum   imprisonment, the court may provide for seventy-two hours of public service   employment. The minimum seventy-two hour imprisonment or public service   employment must be served at a time when the person is not working and does not   interfere with his regular employment under terms and conditions as the court   considers proper. However, the court may not compel an offender to perform   public service employment in lieu of the minimum sentence. If the person’s   alcohol concentration is sixteen one-hundredths of one percent or more, then   the person must be punished by a fine of one thousand dollars or imprisonment   for not less than thirty days nor more than ninety days. However, in lieu of   the thirty-day minimum imprisonment, the court may provide for thirty days of   public service employment. The minimum thirty days imprisonment or public   service employment must be served at a time when the person is not working and   does not interfere with his regular employment under terms and conditions as   the court considers proper. However, the court may not compel an offender to   perform public service employment instead of the thirty-day minimum sentence.   Notwithstanding the provisions of Sections    22-3-540,    22-3-545, and    22-3-550, a first offense charged   for this item may be tried in magistrates court;

(2) for a second offense, by a fine of not less than two   thousand one hundred dollars nor more than five thousand one hundred dollars,   and imprisonment for not less than five days nor more than one year. However,   the fine imposed by this item must not be suspended in an amount less than one   thousand one hundred dollars. If the person’s alcohol concentration is at least   ten one-hundredths of one percent but less than sixteen one-hundredths of one   percent, then the person must be punished by a fine of not less than two   thousand five hundred dollars nor more than five thousand five hundred dollars   and imprisonment for not less than thirty days nor more than two years.   However, the fine imposed by this item must not be suspended in an amount less   than one thousand one hundred dollars. If the person’s alcohol concentration is   sixteen one-hundredths of one percent or more, then the person must be punished   by a fine of not less than three thousand five hundred dollars nor more than   six thousand five hundred dollars and imprisonment for not less than ninety   days nor more than three years. However, the fine imposed by this item must not   be suspended in an amount less than one thousand one hundred dollars;

(3) for a third offense, by a fine of not less than three   thousand eight hundred dollars nor more than six thousand three hundred   dollars, and imprisonment for not less than sixty days nor more than three   years. If the person’s alcohol concentration is at least ten one-hundredths of   one percent but less than sixteen one-hundredths of one percent, then the   person must be punished by a fine of not less than five thousand dollars nor   more than seven thousand five hundred dollars and imprisonment for not less   than ninety days nor more than four years. If the person’s alcohol   concentration is sixteen one-hundredths of one percent or more, then the person   must be punished by a fine of not less than seven thousand five hundred dollars   nor more than ten thousand dollars and imprisonment for not less than six   months nor more than five years; or

(4) for a fourth or subsequent offense, by imprisonment for   not less than one year nor more than five years. If the person’s alcohol   concentration is at least ten one-hundredths of one percent but less than   sixteen one-hundredths of one percent, then the person must be punished by   imprisonment for not less than two years nor more than six years. If the   person’s alcohol concentration is sixteen one-hundredths of one percent or   more, then the person must be punished by imprisonment for not less than three   years nor more than seven years.