Consequences of Boating Under the Influence
With Summer approaching people will begin again making their to local lakes to enjoy water sports. While enjoying yourself on the water remember that Georgia law states that it is a crime to boat under the influence or drugs or alcohol (BUI). The blood alcohol concentration limit for BUI is the same as for a DUI: .08. However, if you are under the age of 21, the limited is .02. The penalty of boating under the influences of alcohol is a misdemeanor carry the possibility of up to a year in jail and/or a $1,000 fine. Over the years Georgia law makers have increased the consequences of BUIs to mirror that of DUIs. An important fact is that the laws concerning boating only apply to public waterways. Georgia laws do not apply to boating on private lakes.
O.C.G.A. §52-7-12 details Boating Under the Influence Laws
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.
A major distinction between BUIs and a DUIs is that law enforcement does not have to have a reason to stop your boat. In BUI cases, patrol officers can perform boat safety checks at any time without establishing probable cause. Once stopped, they have the right to assess you for impairment or request you to perform field sobriety tests.
Additional 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, aditionals charges of child endangerment may be added for every minor on the ship.
If you received a BUI after a boating accident, you may be charged with Serious Injury by Vessel or Homicide by Vessel. These situations may elevate your case to a felony carrying significant penalties.
If you have been accused of boating under the influence do not brave the legal system alone. Contact the Law Offices of George U. Aigbe today.
“Advocacy the right way, The Law Offices of George U. Aigbe”