The Georgia Boat Safety Act makes boating under the influence illegal. Boating under the influence, also referred to as a “BUI” requires, first and foremost, “operating” the craft. One is permitted to be intoxicated on a watercraft, but not if they are the driver or operator.

“Operating” a Watercraft

“Operating” a watercraft includes conduct such as

• Operating,
• Navigating,
• Steering,
• Driving, or
• Being in actual physical control of any moving vessel.

“Physical control” is a legal term which refers to one being in a position to operate the watercraft on a moment's notice. Every physical control case requires an individual analysis. A person floating on a jet ski, as the solo rider, is probably in physical control of the jet ski and may be found guilty of a BUI. On the other hand, a person sleeping below deck on the sailboat, even if intoxicated, is likely not in physical control of the sailboat.

Defining Watercraft Under the BUI Statute

Even though the crime is referred to as boating while intoxicated, BUI charges aren't limited to boats. Georgia BUI law also prohibits operating any of the following while under the influence of alcohol or drugs.

• Sailboats
• Personal watercraft
• Water skis
• Aquaplane
• Surfboard
• Similar devices

Separate and apart from operating a watercraft while intoxicated, it is also unlawful for the owner of a boat or other personal watercraft to allow another to operate their boat or personal watercraft if that person is under the influence of drugs or alcohol.

Different Types of Intoxication Under the Law

There are many different ways to meet the element of “under the influence” in BUI cases. They include the following.

• Being 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.
• 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.
• 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.
• Under the combined influence of any two or more of the substances specified in paragraphs above to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control.
• When a person has a blood alcohol concentration of 0.08 grams or more at any time within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control from alcohol consumed prior to operating.

Any time a person has any amount of a controlled substance or marijuana in their blood or urine, or both, including the metabolites and derivatives of each or both, regardless of whether the person has alcohol in their system, they can be charged with BUI as well.

Additional Crimes for Those Under 21

There are special rules for BUI for those under the legal age for drinking. For those under the drinking age, an alcohol concentration of 0.02 or more is all that is required for BUI charges. There need be no showing of actual intoxication or less ability to drive the boat or watercraft safely for those under the age of 21.

Additional Charges

If there is a child under the age of 14, in addition to BUI charges, the adult operating the boat or watercraft can be charged with the additional offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs.

Implied Consent to Test

Under Georgia laws, people who are under the influence of alcohol, toxic vapors, or drugs while operating a boat or other watercraft are considered “a direct and immediate threat to the welfare and safety of the general public.” As such, people who are boating or operating other watercraft are legally deemed to have already given consent to submit to a chemical test of blood, breath, or urine to determine whether alcohol or drugs are present in such amounts as to result in criminal charges. When a police officer or other law enforcement officer has reasonable grounds to believe the person was operating a boat or watercraft or was in physical control of the boat or watercraft, they may administer the relevant test.

Criminal Consequences

A first or second conviction of a BUI charge is a misdemeanor. Third convictions are high and aggravated misdemeanors, and fourth and subsequent convictions are punishable as felonies in most circumstances. Consequences, of course, are based on the level of the offense charged. Generally, the consequences for BUI are as follows.

First offense	Second offense	Third offense	Fourth or more offense
Fine between $300 and $1,000	Fine between $600 and $1,000	Fine between $1,000 and $5,000	Fine between $1,000 and $5,000
10 days to 12 months in jail	90 days to 12 months in jail	120 days to 12 months in jail	Imprisonment of 1 year to 5 years
40 hours of community service	30 days of community service	Not fewer than 30 days of community service	Not fewer than 60 days of community service
Completion of a DUI Alcohol or Drug Use Risk Reduction Program	Completion of a DUI Alcohol or Drug Use Risk Reduction Program	Completion of a DUI Alcohol or Drug Use Risk Reduction Program	Completion of a DUI Alcohol or Drug Use Risk Reduction Program
An evaluation to determine whether substance abuse is an issue and, if so, following the recommendations including treatment	An evaluation to determine whether substance abuse is an issue and, if so, following the recommendations including treatment	An evaluation to determine whether substance abuse is an issue and, if so, following the recommendations including treatment	An evaluation to determine whether substance abuse is an issue and, if so, following the recommendations including treatment
Up to 12 months probation	Up to 12 months probation	Up to 12 months probation	Up to 5 years probation

Facing BUI Charges?

If you have been charged with BUI, contact our Roswell and Alpharetta DUI attorneys. We are well versed in challenging the legality of any police involvement, as well as the sufficiency of the test results. Call today for a free consultation. We have lawyers available 24 hours a day, seven days a week. Call today at 404.816.4440.