Georgia's Boating Under the Influence (BUI) Laws and Penalties

Georgia law makes it illegal to operate a boat or vessel while under the influence of drugs or alcohol. Georgia's boating under the influence (BUI) laws are similar to its DUI laws. However, there are also some differences that are important to understand.

This article covers Georgia's BUI laws and the penalties you'll face for a conviction.

Georgia's Boating Under the Influence (BUI) Laws

Like many other states, Georgia law prohibits operating or being in actual physical control of any moving vessel—that is not anchored or moored—while under the influence of alcohol or drugs. But Georgia's law goes even further by making it illegal to "manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device" while under the influence.

Georgia's BUI Law Applies to Motorized and Non-Motorized Watercraft

The term "vessel" includes "every description of watercraft, other than a sailboard or homemade or inflatable raft, used or capable of being used as a means of transportation on water."

How Georgia's BUI Law Defines "Under the Influence"

Subject to these definitions, a person can generally be convicted of boating under the influence (BUI) for operating a vessel while:

• under the influence of alcohol, drugs, or any other intoxicating substance "to the extent that it is less safe for the person" to operate the vessel, or
• having a blood alcohol concentration (BAC) of .08% or more within three hours of boating.

In other words, a BUI can be based on BAC or actual impairment.

Penalties for Boating Under the Influence in Georgia

The penalties for a Georgia BUI depend on a number of factors, including whether the operator:

• has prior BUI convictions within the past 10 years, and
• had a person under the age of 14 in the vessel or was towing such a person on water skis, a surfboard, or a similar device.

Penalties for a 1st BUI Conviction in Georgia

A first-offense BUI is a misdemeanor. For a first offense, there are generally $300 to $1000 in fines, 24 hours to 12 months of jail time, and at least 40 hours of community service.

All BUI offenders—including first offenders—are required to complete a "DUI Alcohol or Drug Use Risk Reduction Program," and a clinical evaluation for alcohol and drug dependency.

Penalties for a 2nd BUI Conviction in Georgia

A second BUI conviction within a ten-year period is a misdemeanor and carries $600 to $1000 in fines, 72 hours to 12 months of jail time, and at least 30 days of community service.

Penalties for a 3rd BUI Conviction in Georgia

A third BUI conviction within a ten-year period is a "high and aggravated" misdemeanor. Boaters convicted of a third-offense BUI generally face $1000 to $5000 in fines, 15 days to 12 months in jail, and at least 30 days of community service.

Georgia's Enhanced BUI Penalties for Carrying Passengers Under 14 Years Old

A BUI offender who had a passenger under the age of 14 in the boat or was towing such a person on water skis, a surfboard, or a similar device can be convicted of child endangerment in addition to BUI. A first or second child endangerment conviction is a misdemeanor and carries up to $1,000 in fines and/or a maximum of 12 months in jail. Third offenders face a felony conviction, $1,000 to $5,000 in fines, and one to three years imprisonment.

Talk to a Georgia DUI Attorney

BUI is a serious offense, and Georgia's law covers many different boating and water-related activities. If you've been arrested for BUI, talk to an experienced attorney to review the facts of your case and help you understand the consequences you might face.