How to Avoid Being Arrested For Boating Under the Influence in Atlanta Georgia
How to Avoid Being Arrested For Boating Under the Influence in Atlanta Georgia
Boating under the influence in Atlanta Georgia is a serious problem. This article discusses the laws and penalties involved in this type of charge and defenses that may be used.
Penalties
Often charged along with a DUI, penalties for Boating Under the Influence in Atlanta Georgia can be significant. The charge involves being under the influence of alcohol, drugs, or toxic vapors while operating a vessel. It can be an offense that carries hefty fines and jail time. If you have been accused of this crime, contact an experienced attorney.
When a person is arrested for Boating Under the Influence, they have a limited amount of time to request an administrative hearing. This type of hearing allows an individual to argue for a less harsh penalty. Typically, a judge can suspend the entire jail sentence for a defendant who has a BAC of 0.08 or higher.
In the case of a first-time Boating Under the Influence charge, a defendant’s driving privileges may be suspended for a year. A second conviction can lead to longer prison sentences, and a third conviction can carry higher fines.
Intoxication level
Getting caught boating while intoxicated can be an expensive proposition. For starters, your license could be suspended for up to a year. You can also end up in jail for up to a month, depending on the severity of the charge. Not to mention the fines, if convicted. Thankfully, Georgia’s laws relating to the operation of watercraft are no different from their motor vehicle counterparts. There are a few things you can do to avoid being arrested. One is to make sure that you are using the proper safety gear.
The best way to avoid being ticketed is to know the rules. If you are in the market for a new watercraft, be sure to check the licensing requirements, preferably at the dealership. In addition, be sure to have a full tank of gas before heading out.
Validated Field Sobriety Tests
For the purposes of this post, we’ll focus on the validated field sobriety test. A field sobriety test is a simple series of tests that a police officer may perform to assess a driver’s level of intoxication. This includes things like blood-alcohol concentration, field sobriety signs, and other factors.
Although there is no definitive answer to the question of whether or not a driver is impaired at all times, evidence shows that a driver is likely to be in the booze bucket at some point in the course of the day. During this time, the police officer is able to detect an alcohol odor on the breath of the alleged drunk driver. The driver is then asked if he would be willing to take a chemical test, a common tactic used to determine if the motorist is under the influence.
Suspension of boating privileges
While there are numerous laws governing boating in the state, the most comprehensive is the state of Georgia’s Boating and Watercraft Act, commonly referred to as BWW. A boat operator must obey the same rules as a motorist driving on the road. Also, a watercraft operator is responsible for the cost of fuel and repairs. Likewise, the state has some rules about how to properly store a boat, and the consequences of leaving one unattended. As such, the penalties for operating a vessel while under the influence of alcohol or drugs are hefty.
The most obvious rule of thumb is that no person can operate a watercraft with a blood-alcohol content (BAC) of 0.08% or greater. On the plus side, the State of Georgia has a fairly stringent DUI policy that allows for mandatory treatment.
Defenses to a BUI charge
When facing DUI charges in Georgia, it’s important to understand your rights and what your options are. The best way to avoid conviction is to fight the charge with an experienced Georgia criminal defense lawyer.
Aside from penalties and points against your license, a DUI can affect your employment and insurance rates. There are many different factors involved in a DUI case, and it can take months to resolve. Having an attorney who can analyze your case can help you find mistakes and challenge the prosecution’s evidence.
An experienced Atlanta Georgia DUI lawyer can build a strong legal defense in your case. One of the most important factors in defending a DUI charge is challenging the breath or blood test. If the tests were performed improperly or incorrectly, they could be deemed inadmissible at trial.