Are you risking a Georgia BUI? Summer heat brings many people to Georgia’s lakes and beaches, and the appeal of ice-cold beverages, cool water, and a refreshing boat ride can’t be denied. It almost seems inevitable that these elements will be combined unwisely, and that’s when people face the repercussions of a Georgia BUI.
Believe it or not, 2014 saw almost 300 BUI arrests on Georgia waters. Georgia law permits safety checks on boats without probable cause or reasonable suspicion. In addition, the BUI implied consent law means that all people boating are deemed to have given consent for a breath or blood test; refusing a chemical test can result in a 12 month suspension of your boating privileges. To sum all this up: law enforcement doesn’t need a reason to stop you on a lake or river, and they don’t need your permission for a chemical test.
Does this make you want to stay off the water entirely? Relax! It’s legal to have an open container of alcohol on a boat, and it’s not even illegal for the person operating the boat to have a drink. So what puts you at risk for criminal penalties?
- Being less safe to operate the vessel because of alcohol consumption
- Being less safe to operate the vessel because of consumption of any drug
- Being less safe to operate the vessel because of a combination of alcohol and drugs
- Having a blood alcohol content of .08 or higher within three hours of operating a vessel
- Having a blood alcohol content of .02 or higher if you are under 21
- Being less safe to operate the vessel because of consumption of marijuana or controlled substance
How can you avoid a Georgia BUI? Obviously, don’t drink to excess while you’re boating! Also, you can typically avoid safety checks by keeping your vessel in compliance with laws and ordinances, by doing things like keeping all your lights working and in the proper position, having the right number of life jackets, and keeping a fire extinguisher on the boat. If you are stopped, don’t panic. Be cooperative and polite, and comply with the officer so he’ll move on without doing any chemical tests.
Georgia BUI laws apply not only to motorboats, but also to sailboats, personal watercrafts like jet skis, water skis, and sailboards. A BUI is similar to a DUI in a variety of ways, not least of which is that both charges are designed to prevent tragic accidents. Another way they’re similar is that in both types of arrest, you are likely to be asked to submit to field sobriety testing. If you are convicted of a Georgia BUI, you can face penalties similar to those incurred with a DUI, including fines, community service, and substance abuse treatment.
Georgia BUI Attorney Ray Giudice
Who can you call if you’ve been charged with a Georgia BUI? Trust the same attorney you can count on for DUI charges: attorney Ray Giudice. Ray Giudice has the knowledge and experience to effectively represent you in court, as well as recent jury trial experience. Whether you have been accused or arrested for a Georgia BUI or DUI, contact the law office of Ray Giudice at (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.
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