Some people question whether operating a boat while intoxicated can garner the same charge as driving under the influence, and the answer is: Yes. When someone is operating a boat on the water, they have already consented to a blood alcohol test when they are suspected of BUI. This may be surprising to South Carolinian’s and other Americans who feel as though the Fourth Amendment prohibition against unreasonable searches and seizures would make this unconstitutional.
The Fourth Amendment is written to state:
“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. The reason for such a deviation from what may be deemed to be reasonable by an American citizen is because the U.S. Government has decided that it is extremely important to keep drunk drivers from the road. While the states make the law determining DUI’s and DWI’s, the federal government can withhold federal highway funds if states do not maintain minimum standards.
However, 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 refusal to 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.
