A Concise Guide to Boating Under the Influence in Georgia: O.C.G.A. §52-7-12

Have you Been Arrested for BUI in Georgia?

If you enjoy spending time on Georgia's waterways, it's essential to be aware of the state's laws regarding boating under the influence (BUI).

Boating while impaired can lead to serious legal consequences, just as driving under the influence (DUI) does on the road.

The legal framework governing BUI in Georgia is encapsulated in O.C.G.A. §52-7-12, which outlines the restrictions and penalties for operating a vessel while intoxicated.

In this blog post, we will dive into the specifics of this statute, the potential consequences of a BUI conviction, and what to do if you find yourself facing these charges.

What is Boating Under the Influence (BUI)?

Boating under the influence refers to operating a boat or watercraft while impaired by alcohol, drugs, or any other substances that hinder your ability to safely control the vessel.

Similar to a DUI offense, a BUI can be committed if an individual is found to be under the influence of alcohol or drugs, making it dangerous for them to operate the boat.

Under O.C.G.A. §52-7-12, Georgia law prohibits anyone from operating a vessel while their blood alcohol concentration (BAC) is 0.08% or higher. This is the same legal threshold used for DUI offenses on the road. The statute is broad and also includes impairment due to drugs or any other substances that affect a person’s ability to operate a boat safely.

The Legal Definition of a "Vessel"

In Georgia, the term "vessel" is not limited to just motorized boats. It includes a wide range of watercraft, such as:

• Sailboats
• Canoes
• Kayaks
• Jet skis
• Surfboards
• Any other craft used for recreational or commercial purposes on the water

This broad definition means that whether you’re driving a yacht, a speedboat, or even a canoe, you can still face BUI charges if you're found to be impaired.

What Does O.C.G.A. §52-7-12 Say?

O.C.G.A. §52-7-12 specifically addresses BUI offenses and defines the conditions under which a person can be arrested and charged with boating under the influence.

It is a crime to operate a vessel on Georgia waters while under the influence of alcohol, drugs, or any other intoxicating substance that impairs your ability to operate the vessel.

Here are the critical points from the statute:

1. Blood Alcohol Concentration (BAC) Limit: A person with a BAC of 0.08% or higher is considered to be under the influence for the purposes of BUI.
2. Other Impairing Substances: The statute covers not only alcohol but also drugs (prescription, over-the-counter, or illegal) and any other substances that may impair an individual's ability to safely operate a vessel.
3. Operating a Vessel: The statute applies whether you are operating a motorized boat, sailboat, or even a non-motorized craft, such as a kayak or canoe, if your ability to operate the vessel is impaired.
4. Presumption of Impairment: If a person’s BAC is above the legal limit, they are presumed to be impaired and can be arrested. However, even if a person's BAC is below 0.08%, they may still be arrested and charged if their ability to operate the vessel is impaired by drugs or other substances.
5. Refusal to Submit to Testing: Just like DUI laws, if you refuse to submit to a chemical test (blood, breath, or urine) when requested by law enforcement, you may face consequences such as a suspension of your boating privileges. The potential license suspension must be appealed within 10 days, unlike, for instance, a DUI suspension, where you have 30 days to appeal.

Key Elements of O.C.G.A. §52-7-12

To be charged with BUI in Georgia under O.C.G.A. §52-7-12, the following elements must typically be proven:

1. Operation of a Vessel: The individual must have been operating or in control of a vessel.
2. Impairment: The individual’s ability to operate the vessel must be impaired by alcohol, drugs, or any other substance.
3. Evidence of Intoxication: Evidence of impairment can include field sobriety tests, breathalyzer or blood tests, and the individual’s behavior, appearance, or physical condition. Law enforcement officers may use their observations, such as slurred speech, the smell of alcohol, or erratic driving, to establish evidence of impairment.
4. Chemical Test Results: Like DUI laws, a chemical test may be used to determine BAC levels or the presence of drugs.

The Consequences of a BUI in Georgia

Being arrested for a BUI in Georgia can result in serious legal consequences, both criminal and administrative. Here are the potential penalties for a conviction under O.C.G.A. §52-7-12:

1. Criminal Penalties for Boating Under the Influence

A conviction for BUI in Georgia can result in significant penalties depending on the severity of the offense and whether the individual has any prior BUI convictions.

• The penalties may include:
  • A fine
  • Probation
  • Jail
  • Community service
  • Alcohol or drug counseling

2. Administrative Penalties

In addition to criminal penalties, a person convicted of BUI in Georgia may face administrative penalties, including:

• Suspension of Boating Privileges: A first-time BUI conviction can result in a suspension of boating privileges for up to 12 months. A second or subsequent conviction can lead to longer suspensions.

3. Civil Liability

In addition to criminal and administrative penalties, a BUI conviction can expose an individual to civil liability if they are involved in an accident that results in property damage, injury, or death. The injured party may file a civil lawsuit against the impaired boater for compensation for their damages.

Defenses to BUI Charges in Georgia

If you’ve been charged with BUI in Georgia, there may be several defenses available to you. Common defenses include:

1. Lack of Impairment

You may argue that you were not impaired at the time of the arrest. This could include presenting evidence such as low BAC readings, the absence of impairment indicators, or expert testimony to challenge the results of sobriety tests or chemical tests.

2. Improper Procedure by Law Enforcement

If the law enforcement officer did not follow proper procedure during the arrest or testing process, you might be able to have the evidence excluded. For example, if the officer did not have probable cause to stop the vessel or if they failed to advise you of your rights properly, this could be a basis for challenging the charges.

3. Involuntary Intoxication

In some cases, individuals may claim that they were unknowingly intoxicated due to something they consumed, such as a prescription medication or an alcoholic beverage, without realizing the effect it would have on them.

4. Challenge to the Chemical Test Results

A BUI conviction is often based on chemical test results, so challenging the accuracy or reliability of these results is a common defense strategy. This could involve showing that the test was improperly administered or that the equipment used was faulty.

A Further Analysis of Potential Defenses to Boating Under the Influence (BUI)

Each defense's strength and applicability depend on the specifics of the case. Here’s an analysis of potential defenses, along with their strengths and weaknesses:

1. Challenging the Stop (Illegal Stop or Detention)

• Defense: A BUI charge can be contested by challenging the lawfulness of the initial stop or detention. In Georgia, officers must have a reasonable suspicion that a boater is violating a law to justify a stop. If the stop was arbitrary, or if there was no probable cause, the evidence gathered afterward (e.g., field sobriety tests, breathalyzer) may be inadmissible.
• Strengths: If the stop was unlawful, all evidence obtained after the stop may be excluded from trial, which can lead to the case being dismissed.
• Weaknesses: This defense only works if the officer violated constitutional rights, and the facts must clearly support the claim of an unlawful stop. The officer's testimony or documentation showing probable cause might weaken this argument.

2. Challenging the Field Sobriety Tests (FSTs)

• Defense: Field Sobriety Tests (FSTs) are often used as evidence of impairment. However, these tests are not foolproof, and a skilled defense attorney may argue that the client performed poorly due to factors unrelated to alcohol or drugs, such as medical conditions, environmental factors (wind, waves, etc.), or physical impairments.
• Strengths: If there are valid reasons for a poor performance on FSTs (e.g., an injury, illness, or poor conditions), this can significantly weaken the prosecution's case.
• Weaknesses: If the FSTs were conducted properly and the client showed signs of impairment, challenging the results may be difficult. Furthermore, the officer's testimony regarding the test administration can undermine this defense.

3. Challenging the Breathalyzer or Chemical Test Results

• Defense: In Georgia, a chemical test (breath, blood, or urine) is often used to determine blood alcohol concentration (BAC). If the BAC level exceeds the legal limit (0.08%), the defendant may be found guilty. However, a defense can be based on inaccuracies or improper administration of the test. Potential issues include improper calibration of the breathalyzer, failure to follow testing protocols, or the defendant's medical conditions (such as acid reflux or diabetes) interfering with the test.
• Strengths: If there was an error in the testing procedure or a malfunction with the equipment, the test results can be challenged. Medical conditions, such as diabetes or GERD, can sometimes result in a falsely high BAC reading due to the release of alcohol into the breath.
• Weaknesses: Breathalyzer machines are typically calibrated regularly, and failure to do so may be difficult to prove. Moreover, if a blood or urine test was used and handled correctly, it can be hard to disprove the results.

4. Lack of Impairment (No Evidence of Actual Impairment)

• Defense: The prosecution must prove that the defendant was impaired while operating the vessel. A defendant may argue that while they were operating the boat, they were not impaired, or the signs of impairment observed by the officer were either exaggerated or due to other factors (e.g., fatigue, seasickness, or medications).
• Strengths: If there is insufficient evidence of actual impairment, it can undermine the prosecution's case. This defense focuses on challenging the officer’s subjective observations and might include witness testimony or expert testimony.
• Weaknesses: Impairment is often established by the officer’s observations, which can be subjective, and the client’s own admission of drinking, as well as the results of field sobriety tests, may weaken this defense.

5. Rising Blood Alcohol Level

• Defense: A "rising blood alcohol" defense argues that the BAC level was under the legal limit while the defendant was operating the boat but increased after the stop due to the absorption of alcohol. In other words, the defendant’s BAC was below the legal limit at the time of the alleged offense but rose after the arrest due to the delay in testing.
• Strengths: If the defendant consumed alcohol shortly before or during boating, the BAC could rise in the time between the arrest and the chemical test, leading to a BAC above the legal limit at the time of the test, but not necessarily at the time of operation.
• Weaknesses: This defense requires expert testimony from toxicologists or medical professionals to establish the timing of alcohol absorption. It’s a challenging defense to prove and may not always be persuasive.

6. Involuntary Intoxication

• Defense: This defense asserts that the defendant was intoxicated without their knowledge or consent (e.g., someone spiked their drink). This is a very rare and difficult defense to use but may be relevant in cases where the defendant was unknowingly impaired.
• Strengths: If proven, this could be a complete defense to a BUI charge.
• Weaknesses: This defense is extremely difficult to prove and is only applicable in a narrow set of circumstances. Additionally, it can be seen as an implausible excuse in many cases.

7. Medical Conditions or Physical Disabilities

• Defense: Certain medical conditions, like vertigo, neurological disorders, or even physical disabilities, can affect a person’s ability to perform well on field sobriety tests or could mimic signs of intoxication.
• Strengths: This defense can be highly effective if the defendant has a legitimate medical condition that would interfere with their ability to perform FSTs or their behavior.
• Weaknesses: The prosecution may argue that the condition did not actually impair the defendant’s ability to safely operate the boat, and the defense may need expert testimony to establish the medical condition’s impact.

8. Challenge to the Officer’s Observations (Bias, Inaccurate Assessment)

• Defense: In some cases, the defense might argue that the officer’s observations were inaccurate or biased. For example, the officer may have misinterpreted the defendant’s actions or physical condition due to the environment (e.g., rough seas), or based their assessment on insufficient training.
• Strengths: If there is evidence that the officer made an error in judgment, this can cast doubt on the entire case.
• Weaknesses: The officer's testimony is often strong evidence, and overcoming their credibility may be difficult. Additionally, if the defendant’s behavior strongly indicated impairment, this defense may be less effective.

What to Do if You’re Arrested for BUI in Georgia

If you are arrested for BUI in Georgia, here are the steps you should take:

1. Cooperate with Law Enforcement – To an Extent

While it’s essential to remain respectful, you do not have to answer questions or provide information beyond identification. In Georgia, you do not have to submit to a field sobriety test, but refusing chemical tests could result in a suspension of your boating privileges.

2. Contact a BUI Lawyer Immediately

If you are facing BUI charges, it is crucial to contact a qualified Georgia BUI attorney as soon as possible. A lawyer can guide you through the legal process, help you understand your rights, and work on your defense.

3. Gather Evidence and Documentation

If possible, try to gather evidence that may help your case, such as photos, videos, or witness testimony that could support your version of events or challenge the prosecution's evidence.

Boating Under the Influence Lawyer Near Me

Boating under the influence is a serious offense in Georgia, and understanding O.C.G.A. §52-7-12 is essential for anyone who enjoys Georgia’s waterways.

Whether you’re an avid boater or a casual enthusiast, it’s crucial to operate your vessel responsibly and be aware of the consequences of impaired boating.

If you find yourself facing BUI charges, working with us, experienced boating under the influence lawyers, can help protect your rights and ensure that you receive the best possible defense.

Remember, impaired boating is not only dangerous for you but for others on the water as well. Be responsible, stay safe, and avoid the serious penalties that come with a BUI conviction in Georgia.

If you need help with a BUI case or legal advice, don’t hesitate to contact us, experienced Georgia BUI lawyers for assistance.