Boating Under the Influence Accident Claims
Boating under the influence (BUI) is a leading cause of fatal boating accidents in the United States. The U.S. Coast Guard reports that alcohol is the leading known contributing factor in fatal boating accidents, involved in nearly one-fifth of all boating deaths annually. The effects of alcohol are amplified on the water due to sun exposure, wind, wave motion, and fatigue — a phenomenon known as “boater’s hypnosis” that accelerates impairment compared to driving on land.
At Roden Law, our BUI accident lawyers represent victims of impaired boating throughout the waterways of Georgia and South Carolina. Similar to drunk driving accident claims, BUI cases allow victims to pursue enhanced damages, including punitive damages, against impaired operators.
Georgia & South Carolina BUI Laws
Both Georgia and South Carolina prohibit operating any vessel with a blood alcohol concentration (BAC) of 0.08% or higher, mirroring DUI thresholds for motor vehicles:
- Georgia BUI law (O.C.G.A. § 52-7-12) prohibits operating any vessel while under the influence of alcohol or drugs. Penalties include fines, jail time, and mandatory boater safety courses.
- South Carolina BUI law (S.C. Code § 50-21-112 et seq.) similarly criminalizes boating under the influence with escalating penalties for repeat offenses.
Both states authorize law enforcement officers to conduct field sobriety testing and chemical testing on boat operators suspected of BUI. Refusal to submit to testing can result in license suspensions and adverse inferences in civil proceedings.
Why BUI Is More Dangerous Than DUI
The boating environment amplifies the effects of alcohol in several critical ways:
- Sun and heat exposure: Accelerate alcohol absorption and dehydration
- Wave motion and vibration: Impair balance and coordination beyond alcohol’s direct effects
- Glare and wind: Reduce visibility and situational awareness
- No lanes, signals, or signs: Waterways lack the traffic control infrastructure that helps impaired drivers on roads
- Limited safety equipment: Boats lack seatbelts, airbags, and crumple zones found in automobiles
Research from the Centers for Disease Control and Prevention (CDC) confirms that alcohol use increases the risk of drowning and boating fatalities by impairing judgment, balance, and the body’s ability to respond to cold-water immersion.
Punitive Damages in BUI Cases
Both Georgia and South Carolina allow courts to award punitive damages in BUI cases to punish the impaired boater’s reckless disregard for the safety of others on the water. Georgia generally caps punitive damages at $250,000 (O.C.G.A. § 51-12-5.1), though exceptions exist for cases involving impaired operation. South Carolina does not impose a statutory cap but requires clear and convincing evidence of willful, wanton, or reckless conduct — a standard readily met in BUI cases.
Holding All Responsible Parties Accountable
Beyond the impaired operator, additional parties may share liability in BUI accident cases: marina restaurants and bars that served visibly intoxicated boaters, boat rental companies that rented to obviously impaired customers, boat owners who knowingly allowed an intoxicated person to operate their vessel, and employers whose employees were operating commercial vessels under the influence. Our attorneys investigate every potential source of liability and insurance coverage to maximize recovery for BUI accident victims.
