Boating Under the Influence Explained in Atlanta GA

Boating Under the Influence Explained in Atlanta GA

Georgia’s beautiful lakes and rivers draw large crowds to relax and have fun, yet drinking too much alcohol can quickly turn a peaceful day spent out on the water into a tragic incident.

Just like with driving, operating a boat under the influence of alcohol or drugs is illegal; BUI laws are very similar to DUI regulations.

Law Enforcement Can Board Your Boat Without Probable Cause

Georgia’s stunning lakes draw thousands of tourists every summer. One popular activity during a day at the lake is to indulge in some refreshments; however, even one too many drinks could spell disaster on the water. According to Georgia law, operating any moving vessel while under the influence of alcohol or drugs is illegal.

As with driving under the influence, operating an impaired vessel poses serious dangers to both you and others on the water. Therefore, law enforcement officers will likely be on high alert this summer when visiting Georgia lakes.

Contrary to DUI arrests, which require probable cause for an officer to board your vessel and arrest you, an officer may board your vessel without probable cause and conduct a safety inspection as well as field sobriety tests as part of Georgia’s “implied consent” laws for chemical blood alcohol screening of boaters.

Law Enforcement Can Ask You to Take Field Sobriety Tests

Officers trained to administer sobriety tests can use similar ones commonly employed on roads to conduct them aboard boats, although such tests have yet to be scientifically validated for marine use. Instead, these scenarios aim to elicit responses that indicate intoxication from those even who appear sober enough – showing “cues” which signal possible drunkenness or drug use.

Officers look for telltale signs such as when standing on one leg while raising it six inches off of the ground or being unable to count by thousands. Horizontal Gaze Nystagmus (HGN) tests and finger to nose tests may also be administered regularly as diagnostic measures.

As with a DUI conviction, being charged with BUI is considered a misdemeanor in Georgia and can incur fines and probation as penalties. Insurance rates will also increase as insurers perceive you as more of a risk than usual. Hiring an Atlanta BUI attorney to represent your rights can help safeguard them effectively; your legal counsel should be able to find issues in how field sobriety tests were advised, administered, scored and monitored.

Law Enforcement Can Suspend Your Boating Privileges

Georgians love having a beer on the boat when out on the water during the summertime; however, an encounter with law enforcement on your next visit to Sunset Cove at Lake Lanier or Reynolds Plantation on Lake Oconee could put an abrupt end to your day of boating fun. BUI is considered a misdemeanor offense in Georgia and upon conviction your license to operate a vessel will be suspended.

Contrary to DUI cases, where hearings may help save your license, Georgia law does not offer this option in BUI cases. Instead, implied consent laws govern boat operations on Georgia waterways; those operating vessels on those waterways must submit to blood, breath or urine testing and a blood alcohol concentration (BAC) level above 0.088% or for those under 21, above Georgia’s zero tolerance policy of 0.02% can face BUI charges which can lead to suspension of driver license and damage employment and education opportunities in the future.

Law Enforcement Can Arrest You for BUI

Last summer saw record numbers of visitors to Georgia lakes, and police are prepared to enforce the law accordingly. Officers can board boats on public waterways without probable cause and perform safety checks or request that passengers take field sobriety tests, including breathalyzer or horizontal gaze nystagmus tests, which may include breathalyzer. If you refuse such testing or exceed legal limits for alcohol content on these tests, your license to operate a vessel could be suspended under implied consent laws of your state.

BUI is often treated similarly to DUI in most states; fines and suspension of boating privileges will likely follow, while conviction will appear on your criminal record and could increase insurance rates as most insurers consider boating under the influence an increased risk factor. Some states even impose jail time for BUI offenses and conviction will require you to complete both a boating safety course and clinical alcohol or drug evaluation evaluation as a penalty for their convictions.