The police agencies all are activated the same way. If they see someone operating a vehicle, or in this case, a boat, then will pull you over and stop you from operating if they have reasonable suspicion you are driving under the influence.
Strangely, just like if you were pulled over on the street, a list of Field Sobriety Tests will be administered, as well as the defendant being submitted to the chemical analysis test, also commonly known as the “breathalyzer.” to determine your Blood Alcohol Content (or BAC).
If they find you BAC level is above the legal limit, which is still a .08, then you will lose not only your driver’s license to operate your motor vehicle on the street, but also your boating license. This is different than a regular DUI, where you lose your license or it is simply suspended.
With a street DUI, if you refuse to take the tests the police are attempting to administer to you, then you have enacted the “implied consent laws,” and you will automatically lose your driver’s license.
However, if you are charged with Boating under the Influence, then you lose both licenses, and the refusal will affect you harshly at trial.
They use what is called “the presumption of guilt,” which states that if your BAC level is above a .08, you are “presumed to be guilty of the crime, and you will automatically be arrested.
If something like this has happen to you with either a DUI or a BUI, contact the South Carolina attorneys at Reeves, Aiken, and Hightower, LLP toll-free at 877-374-5999 toll-free for help with your case.