“BUI” refers to the act of boating while under the influence of alcohol or drugs. Georgia's BUI statute reads much like their DUI statute when it comes to prohibited conduct.

Intoxication in BUI Cases

For BUI cases, there are six different circumstances under which a person may be deemed “intoxicated.” Those circumstances include the following.

• Where a person is so influenced by alcohol that it is less safe for that person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a watercraft.
• Where the person in so influenced by any drug, including prescription drugs, over the counter drugs, or illegal drugs, such that it is less safe for that person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a watercraft.
• Where the person is under the intentional influence of any aerosol, glue, or other toxic vapor to the extent that it is less safe for that person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a watercraft.
• Where the combination of the influence of alcohol and drugs, drugs and vapors, vapors and alcohol, or drugs, vapors, and alcohol to the extent that it is less safe for that person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a watercraft.
• Where a person's blood alcohol concentration is measured at 0.08 grams or more at any time within three hours of having operated, navigated, steered, driven, manipulated, or been in actual physical control of a watercraft.
• Where a person has any amount of marijuana or a controlled substance as codified by law in either their blood, their urine, or both, including derivatives and metabolites of each or both, regardless of whether the person has alcohol in their system at the time.

Any of these circumstances can lead to a charge of BUI, assuming, of course, the other elements of the offense are met.

Watercraft as Defined for BUI Purposes

For purposes of a BUI charge, the definition of watercraft is probably broader than you might think. Under the statute, watercraft include the following.

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

Understanding Operation and Physical Control

Under the BUI laws, one is guilty of operating a watercraft if they do any of the following:

• Operating,
• Navigating,
• Steering,
• Driving, or
• Being in physical control of the moving watercraft.

“Physical control” is a concept that also exists in DUI cases. One is in physical control if one may transfer from where they are to driving the boat in mere moments. Obviously, the situation will dictate whether or not one is in physical control. For example, if one is sitting in the driver's seat of a pontoon boat and the keys are in the ignition, even if the boat is off, one is likely in physical control of the boat. If one is sitting next to the driver's seat and the keys are in the ignition, whether one is in physical control of the boat may very well depend on whether there is someone else sitting in the driver's seat. Different facts and circumstances can lead to different results.

Consequences for BUI Cases

The consequences for BUI cases vary depending, in part, on one's prior history of alcohol-related offenses. As you might expect, the consequences increase as one's prior alcohol-related offenses increase.

First Offense

When one is convicted of their first BUI offense, they can expect to be assessed a fine ranging from $300 to $1,000. Additionally, they may be facing jail time in the amount of at least ten days, and up to 12 months in jail. They will be ordered to do 140 hours of community service. The court will also order attendance at either a DUI alcohol or drug use risk reduction program, as well as an evaluation to determine whether there is a substance abuse issue present. Probation can last up to 12 months.

Second Offense

When one is convicted of their second BUI offense, they can expect to be assessed a fine ranging from $600 to $1,000. Additionally, they may be facing jail time in the amount of at least 90 days, and up to 12 months in jail. They will be ordered to do 30 days of community service. The court will also order attendance at either a DUI alcohol or drug use risk reduction program, as well as an evaluation to determine whether there is a substance abuse issue present. Probation can last up to 12 months.

Third Offense

When one is convicted of their third BUI offense, they can expect to be assessed a fine ranging from $1,000 to $5,000. Additionally, they may be facing jail time in the amount of at least 120 days, and up to 12 months in jail. They will be ordered to do 30 days of community service. The court will also order attendance at either a DUI alcohol or drug use risk reduction program, as well as an evaluation to determine whether there is a substance abuse issue present. Probation can last up to 12 months.

Fourth and Subsequent Offenses

When one is convicted of their fourth or subsequent BUI offense, they can expect to be assessed a fine ranging from $1,00 to $5,000. Additionally, they may be facing prison time of between one and five years. They will be ordered to do 60 days of community service. The court will also order attendance at either a DUI alcohol or drug use risk reduction program, as well as an evaluation to determine whether there is a substance abuse issue present. Probation can last up to five years.

Facing BUI Charges?

Our BUI attorneys can help. Contact our Hall County DUI attorneys to represent you. We have successfully litigated countless DUI and BUI cases over the years. Let us put our experience to work for you. Call today at 404.816.4440.