Have you Been Charged with Boating Under the Influence in Georgia?
Boating is a very popular activity and Georgia law states that it is a crime to boat under the influence or drugs or alcohol. The limit for BUI is the same as for a DUI: .08. However, if you are under the age of 21, the limited is .02. Boating under the influence is a serious offense even though it is charged as a misdemeanor. Georgia has increased the punishments for BUI over the years and they are similar to DUI punishments. If you have been charged with a BUI, you need legal representation now! Lawson and Berry's Georgia Boating Under the Influence Attorneys understand that you only have 10 days to request a hearing to save your boating license and we are prepared to help you immediately!
Georgia Boating Under the Influence
Georgia's BUI laws are similar to the DUI laws with a blood alcohol concentration of .08 or higher considered legally impaired. The boating laws only apply to operating a boat on public waterways. The laws do not apply to boating on private lakes. Our Boating Under the Influence Lawyers in Georgia are experienced in the laws surrounding boating under the influence.
O.C.G.A. §52-7-12 outlines what is considered boating under the influence in Georgia.
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:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;
(5) The person's alcohol concentration is 0.08 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or
(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.
One of the biggest differences between a BUI and a DUI is that law enforcement does not have to have a reason to stop your boat. In a DUI case, officers must have probable cause to stop you. In BUI cases, officers can perform boat safety checks at any time without probable cause. Once stopped, they can assess for impairment or request you to perform field sobriety tests.
The 10 Day Letter
While a DUI has 30 days to request a hearing to save their privilege to operate a vehicle, a person accused of BUI only has 10 days to request a hearing to save their boating license. The request must be sent in within 10 business days and must be sent to the Department of Natural Resources at 2065 U.S. Highway 278 SE, Social Circle, Georgia 30025. There is no filing fee, unlike in DUI cases, but the request should be made by certified mail. If the appeal is not filed within 10 business days, then your boating license will be suspended.
Once the request has been made, a hearing will be scheduled with the Office of State Administrative Hearings. Because the hearings are not frequently scheduled, your ability to drive a boat will be suspended even though a hearing has been requested. Let our Georgia Boating Under the Influence Attorneys handle your 10 day letter.
Penalties of a BUI Conviction
While you may lose your boating license if convicted, there are other penalties that affect everyday life. A first offense will be treated as a misdemeanor and carries a maximum penalty of 12 months in jail and a $1,000 fine. However, if there is a child under the age of 14 in the vessel at the time of the arrest, a separate charge of child endangerment will be added.
If you received a BUI after a boating accident, you may be charged with Serious Injury by Vessel or Homicide by Vessel. If this is the case, you need a boating under the influence lawyer in Georgia immediately!
Contact Us Today
Don't let a day of fun on the lake turn your life upside down. Our Georgia Boating Under the Influence Lawyers have over 50 combined years of experience and are prepared to help you now! Our office understands that BUI charges in Georgia do not always happen during regular business hours so we are available nights, weekends, and holidays. Contact us today for a free case evaluation.
