Just like with DUI on land, a person operating a boat once arrested for BUI on the water is considered to have consented to a blood alcohol content test.
This may come as surprise to freedom loving Americans who might have thought that the Fourth Amendment’s prohibition of unreasonable search and seizure would make this unconstitutional:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
However, South Carolina and many other states have passed BUI implied consent laws that limit your right to refuse a blood alcohol test. And these BUI implied consent laws have stood up to constitutional muster just as DUI implied consent laws have.
What does this mean for when you are arrested for BUI? Basically, instead of being able to refuse a breath test, you either have to take the breath test or the fact that you didn’t take the breath test can be used against you at your BUI trial. Also, if you refuse the test, your privilege to operate a boat will be suspended for 180 days.
Fight your BUI with the experienced BUI attorneys of Reeves Aiken & Hightower LLP. We encourage you to carefully review our qualifications and compare our attorneys’ credentials to any other firm. You can then call us toll-free at 877-374-5999 for a private, confidential consultation to review your particular case.