Boating Under the Influence Attorney in Savannah, Georgia
In Georgia, it is against the law to operate any moving vessel while under the influence of alcohol, drugs, whether illegal or prescription, to the extent that it is less safe for the person to do so. Like Driving Under the Influence (DUI) charges, in Georgia a Boating Under the Influence (BUI) charge carries heavy fines and penalties that can have a significant impact on your life.
The Boating Under the Influence Laws in Georgia:
O.C.G.A. § 52-7-12 (a) states that “no person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while [under the influence of alcohol, drugs, a combination of alcohol and any drug, marijuana, glue, aerosol, or other toxic vapor] …” This shows that BUI laws apply to all types of watercrafts including motor boats, sailboats, jet skis, water skis, and surf boards.
BUI can be charged in a few different ways:
BUI Per Se – “over the limit under arrest”
Legal Limit for Alcohol for persons over the age of 21 is 0.08 BAC
Legal Limit for persons under the age of 21 is 0.02 BAC
BUI Less Safe
This is charged when a person refuses the chemical testing, but the officer believes he/she has observed and gathered sufficient evidence to charge that person with BUI based upon the totality of the circumstances
This charge often relies heavily upon the Field Sobriety Tests
BUI Less Safe (Drugs) or (Combined Influence)
This may be charged with or without a chemical test and is charged when the officer believes or has evidence to support that Drugs or a combination of drugs and alcohol were consumed and made the operator of the vessel a less safe driver or operator.
Georgia's BUI laws fall under the Georgia Boat Safety Act which means BUI laws only apply to boaters on public waterways, and not to boaters on private lakes or ponds. However, the waterways around Coastal Georgia are patrolled by the U.S. Coast Guard, Georgia Department of Natural Resources (DNR) and local law enforcement agencies.
Law enforcement does not need any reason to stop a person's vessel on a waterway. In Georgia, safety checks are permitted on boats without any probable cause of any criminal wrongdoing. This is a key difference between boating and driving, and the Georgia DUI Laws. At least reasonable suspicion is needed to pull over any Georgia driver.
If an officer observes signs of impairment after performing a safety check, the officer can then further detain the person for purposes of investigating whether the person is under the influence of alcohol or drugs and is safe to operate the watercraft. During the investigation, the officer will be look for clues such as the admission of drinking, slurred speech, bloodshot eyes, fumbling, repeating questions or comments, the odor of alcohol on the person's breath, and providing incorrect or inconsistent answers.
Facing a BUI Charge?
Reach Out NowBoating Under the Influence Field Sobriety Testing:
The officer may administer the horizontal gaze nystagmus test, a scientific test, as well as ask you to recite the alphabet, count backwards, perform a dexterity test, or submit a breath sample into an Alco-sensor.
It is important to note that these tests must be administered properly by the Officer and that the suspect gave actual consent to conduct these tests, otherwise the evidence derived from these tests may be suppressed, in other words may be deemed inadmissible for use against you in trial.
B.U.I Penalties in Georgia:
A First time BUI is a misdemeanor offense, the maximum penalty of 12 months in jail and a $1,000 fine plus court surcharges and costs. The minimum sanctions are 24 hours in jail with credit for time served at arrest, 12 months probation, a fine of $300, 40 hours community service (only 20 hours are required if the person's BAC was less than 0.08 grams), completion of a DUI Alcohol or Drug Use Risk Reduction Course, and a clinical evaluation and any recommended treatment.
A second BUI offense in Georgia within a 10 year period has a maximum sanction of 12 months in jail and a fine up to $1,000. The minimum sanctions and requirements of sentence are the same as a first time BUI with the exception to the Community Service Requirements, which are 240 hours community service. A second offense within five years is a high and aggravated misdemeanor offense punishable by a fine not less than $1,000 nor more than $1,500. Each conviction will extend the period of suspension by an additional six months.
A third conviction of BUI within a ten year period is a high and aggravated misdemeanor punishable by a fine of $1,000 to $5,000, along with the other requirements of a second BUI within a ten year period.
A fourth or subsequent BUI in a ten year period is a felony offense and punishable by a fine of $1,000 to $5,000, not less than 90 days nor more than 5 years in prison, 480 hours community service, completion of a DUI Alcohol or Drug Use Risk Reduction Course, a clinical evaluation and any recommended treatment, and 5 years probation less any days spent in actual confinement.
Serious Injury by Vessel can be charged if a person causes another person bodily harm through an offense of speeding greater than idle speed within 100 feet of a moored vessel or a person in the water, or shoreline, operating a vessel in a boating safety zone, failing to render assistance as required, failing to stop for law enforcement, reckless operation, or BUI. O.C.G.A. § 52-7-12.4. Serious Injury By Vessel is a felony offense and is punishable for not less that one year nor more than 5 years in Prison. A person's boating privileges will also be suspended in Georgia for 3 years if convicted.
Homicide by Vessel in the First Degree is a felony offense if the death is caused by a serious violation such as speeding greater than idle speed within 100 feet of a moored vessel or a person in the water, or shoreline, failing to render assistance as required and leaving the scene of an accident or collision, operating a vessel in a boating safety zone, failing to stop for law enforcement, reckless operation, or BUI and is punishable by not less than 3 nor more than 15 years in prison.
Homicide by Vessel in the Second Degree if the death was the result of a violation of any other boating offense not enumerated in Homicide by Vessel in the First Degree. Homicide by Vessel in the Second Degree is a misdemeanor offense with a maximum punishment of one year in jail and a $1,000 fine.
Can I refuse the tests?
Implied Consent Law in a Georgia Boating Under the Influence Case:
Any person operating a watercraft or vessel on the waters of this state is deemed to have given consent to a chemical test of his or her blood, breath, or urine to determine the presence of alcohol or drugs if arrested for BUI or if involved in an accident resulting in a fatality or serious injury.
The Implied Consent Notice for Suspects 21 or Over is as follows:
The State of Georgia has conditioned your privilege to operate a vessel on the waters of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year.Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?
The Implied Consent Notice for Suspects Under 21 Years of Age:
The State of Georgia has conditioned your privilege to operate a vessel on the waters of this state upon your submission to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year.Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which test)?
If the person refuses to take the requested chemical test, the refusal to submit may be used as evidence in the criminal case. Georgia law further states that any person who is dead or unconscious, or otherwise in a condition making the person incapable of refusing has not withdrawn his or her consent and the test may still be administered.
Georgia has an administrative penalty, separate from the criminal proceeding, for any watercraft operator that refuses to take a state-administered test or submits to a state-administered test that shows a blood alcohol concentration of 0.08 grams or more, or, if the person is under the age of 21, a blood alcohol concentration of 0.02 grams or more. The vessel must have been motorized having ten or more horsepower or was a sailboat more than 12 feet in length. This penalty is a 12 month suspension of the person's privilege of operating a vessel on the waters of this state and the suspension is implemented immediately after arrest for BUI.
A request for a hearing must be submitted within 10 business days after arrest or receipt of notice of the suspension to appeal the suspension of the person's Georgia boating privileges. The request for a hearing is commonly referred to as the “10 day letter” and must include certain basic information as well as state the grounds for the appeal.
The hearing is limited in scope and only covers the following issues:
Whether the officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for BUI;
Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality;
Whether the officer informed the person of his or her implied consent rights at the time a test was requested;
Whether the person refused the test; or
Whether a test was administered and the results indicated a BAC of 0.08 grams or more or, if the person is under the age of 21, a blood alcohol concentration of 0.02 grams or more; and
Whether the test was properly administered.
If the test was refused, the person's boating privileges will be suspended for a 12 month period. If the person submitted to a test and the results showed a BAC of 0.08 grams or more or, if the person is under the age of 21, a blood alcohol concentration of 0.02 grams or more, the person's boating privileges will be suspended for a period of one year. If proof that a DUI Alcohol or Drug Risk Reduction Program (DUI School) has been completed the certificate of completion is submitted and a restoration of $200 is paid, the person's boating privileges may be reinstated as soon as 120 days. Previously, privileges could be reinstated as soon as 30 days and no restoration fee was required. A second administrative suspension within five years will lead to a three year suspension, with eligibility for reinstatement after 18 months. A third or subsequent suspension within five years will lead to a five year suspension with no early reinstatement.
10 Day Warning For BUI in Georgia:
If you have been cited or arrested for Boating Under the Influence in Georgia, you only have 10 days to appeal the suspension of your privilege to boat in Georgia. Your Georgia Boating Under the Influence Lawyer can file that appeal for you. If this appeal is not filed timely, you will lose your privilege to boat in Georgia for up to 1 year.
If boating privileges are suspended administratively, that suspension will be lifted if the BUI charges are dismissed, the charges are reduced, or if the person is acquitted following a trial by Judge or Trial by Jury.
Will a BUI suspend my Georgia Driver’s License?
A BUI will not suspend or have any effect of a person's Georgia driver's license or privileges to drive in this state. Only a person's boating privileges can be suspended due to a BUI.
Who is required to wear a floatation device (Life Jacket)?
O.C.G.A. § 52-7-8(d)(3) (as of May 15, 2013), requires that all children under the age of 13 wear personal flotation devices when aboard a moving vessel on Georgia waters other than when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel.
You are also required to have at least one life jacket per person on the vessel.
Can my Child operate(drive) my Vessel?
Effective July 1, 2014, law will require that anyone age 12 through 15 may operate a personal watercraft on Georgia waters if accompanied by an adult 18 years of age or older or if he or she has completed a boating education course approved by DNR prior to operation of such vessel. Further, any person born on or after January 1, 1998, who operates any motorized vessel on the waters of Georgia must have completed a boating education course, unless the person is a license member of the US Coast Guard, operates the vessel on a private lake or pond, or a nonresident who has completed a National Association of State Boating Law Administrators approved boater education course or the equivalency from another state and has proof of completion in his or her possession. O.C.G.A. § 52-7-22(b)&(c).
Can I be punished for getting a BUI with a child on the Vessel?
Yes. Any person who is charged with BUI while a child under the age of 14 is on the watercraft will also be charged with the separate offense of Child Endangerment. A separate count of child endangerment will be charged for each child under the age of 14 present at the time of arrest.