Boating Under the Influence in Atlanta GA

Boating Under the Influence in Atlanta GA

Georgia lakes draw large crowds this summer, so if you plan on visiting one be aware that all laws pertaining to driving a car also apply to operating a boat.

Law enforcement officers don’t require probable cause to stop and inspect your vessel, conduct safety inspections and perform field sobriety evaluations. Additionally, they may ask you to undergo field sobriety evaluations.

Intoxication

Georgia boasts many stunning lakes and waterways where people gather to relax with family and friends. Unfortunately, alcohol may play a part in these gatherings; one too many beverages could result in disastrous consequences on the water.

Georgia Department of Natural Resources “DNR” and local sheriff’s departments have responded by actively patrolling our nation’s waters to try and prevent accidents from happening. Operating a boat while impaired is considered illegal under Georgia law if your blood alcohol concentration (BAC) reaches 0.08 or above; alternatively, personal watercraft operators such as jet skis must possess a BAC level no greater than 0.2%.

If you are stopped while operating a boat and suspect that you may have exceeded the legal alcohol limit, field sobriety tests similar to what would be administered if pulled over in your car will likely be administered. These may include breathalyzer tests, horizontal gaze nystagmus (HGN), finger to nose and palm pat tests among others. Georgia BUI laws provide that refusing these tests may result in suspension of your license to operate vessel(s).

Be mindful that being charged with BUI or DUI-DWI could have serious long-term repercussions for you in life. A BUI offense will appear on your criminal record and could be used against you later when applying for employment or enrolling in college. A qualified Atlanta BUI defense lawyer could be an invaluable ally when fighting such charges – having proper representation could mean the difference between getting them dropped or forfeiting freedom altogether.

Refusal to Take a Breath Test

Georgia boating offers many benefits, from its beautiful lakes and rivers to recreational boating on Lake Lanier or River Chattooga; however, BUI can have serious repercussions if caught under the influence. Similar to DUI charges, boating under the influence can result in fines, jail time or other penalties; additionally your driving privileges could be suspended as a punishment; on your second offense this could even lead to felony conviction with even more severe repercussions.

Georgia law states that anyone operating a vessel on its waterways provides implied consent for chemical testing to detect alcohol and drugs in their blood, breath or urine samples. You can refuse this test but this could lead to suspension of boating privileges for an entire year and could even be used against you in court proceedings.

Georgia law sets the legal limit for BUI at 0.08%, significantly lower than DUI. You could still be arrested, however, as Georgia Department of Natural Resources enforces the same laws as DUI prosecutors do.

When arrested for BUI, officers will likely administer several field sobriety tests similar to what would be asked of you in your car. These may range from Horizontal Gaze Nystagmus tests and Finger to Nose or Palm Pat tests to blowing into a portable breathalyzer; regardless of how or why they were performed it’s wise to contact an experienced lawyer immediately after any stop for suspicion of BUI.

Refusal to Take a Blood Test

While many who go out on the water to have fun may indulge in one or more drinks, too much alcohol can impair a person’s ability to safely operate a boat. Like drunk driving laws in Georgia, Georgia law also prohibits operating vessels with blood alcohol content levels above 0.08 percent – anything above this threshold could lead to serious accidents, injuries or death on the water – such as what happened recently at Lake Lanier where two young boys died due to alcohol-impaired boat operation, prompting charges against their parents for homicide, reckless operation of vessel and boating under influence of alcohol.

Georgia’s “implied consent” laws regarding chemical alcohol screening apply equally to boaters. Anyone suspected of Boating Under the Influence will be asked to submit to either a breath or blood test to measure their BAC; refusal will incur an administrative penalty (suspension of privilege to operate vessel on Georgia waters) as well as being used against them by prosecution.

On public roadways, officers need probable cause or reasonable suspicion to pull someone over for a safety check or registration request; unlike in boating under the influence cases, officers don’t require video footage of impairment, open alcohol containers or video footage as evidence against a driver in court. Conviction for boating under the influence will also increase insurance rates since companies view this activity as risk factor; hiring an attorney familiar with such charges may help defend against such an offense and protect your rights; for more information contact an Atlanta BUI lawyer now.

Refusal to Take a Drug Test

Georgians head out onto local lakes and rivers during the summer for some fun on the water, often enjoying cold beverages while on their boats. Unfortunately, just one drink can put someone over Georgia’s legal limit for boating under the influence. As such, law enforcement officers regularly patrol Georgia’s lakes and rivers to ensure all are safe.

At first glance, Boating Under the Influence does not impact your driving status directly; however, states consider BUI a serious misdemeanor similar to DUI. A conviction can result in fines, jail time and/or the suspension or cancellation of boating privileges. Furthermore, if children under 14 were present when you were arrested for BUI you could also face child endangerment charges as well.

As with driving under the influence, Georgia’s Implied Consent Law applies to your boating activities as well, meaning if a police officer requests one you must submit to a breath or blood test and provide your specimen for analysis.

If you fail the state-administered test, your boating privileges in Georgia will be suspended for one year; however, you have 10 days to request a hearing and save them.

An Atlanta DUI conviction can have devastating repercussions for your future, particularly if it is your first offense. A second or subsequent offense will constitute a felony offense and your license could be suspended for up to five years; furthermore, alcohol treatment or community service might be mandated as punishment. It’s critical that you speak with an experienced Atlanta BUI attorney as soon as possible in order to safeguard your rights and interests.

Refusal to Take a Physical Test

Georgia law stipulates that all boat operators have implied consent to submit to chemical tests to assess their blood alcohol concentration levels. Refusal can be offered into evidence against them at trial; law enforcement officers should follow specific protocols when requesting breath or blood samples from vessel or watercraft operators in order to avoid this trap and potentially render evidence unusable at trial.

Boating under the Influence, commonly referred to as BUI, is an offense with serious legal implications that could result in heavy fines and license suspension. Just like DUI laws, Georgia has two primary types of BUI charges: Per Se and Less Safe. Per Se charges will typically occur when someone’s blood alcohol concentration (BAC) rises above 0.088% while Less Safe charges could arise if an officer believes you were operating your vessel while under the influence of drugs (such as illegal or prescription medications) that make operation unsafe.

If you have been arrested for Boating Under the Influence (BUI), it is crucial that you seek legal advice immediately. Our Atlanta BUI lawyers have extensive knowledge about boating under the influence laws and can offer the highest level of representation possible.

Our Top Six Atlanta DUI lawyers have extensive experience prosecuting and defending boating under the influence cases. Our attorneys can analyze your individual circumstances to provide tailored advice for your unique circumstance. If you’ve been arrested for boating under the influence, we can help save your boating privileges by filing a 10 day letter within the time period required – contact us immediately for a free consultation!