Bill Hardman is a BUI lawyer located in Gainesville, Georgia. We have represented many clients for over a decade that were charged with BUI on Lake Lanier, Lake Burton and Lake Rabun. BUI's are similar to DUI cases but have different requirements, different field sobriety tests and different penalties.
BUI on Lake Lanier- These cases are typically set for court in the Hall County State Court, the Forsyth County State Court or the Dawson County Superior Court.
BUI on Lake Rabun- These cases are typically set for court in Rabun County Probate Court and may also be in Rabun County Superior Court.
BUI on Lake Burton- These cases are also typically set for court in the Rabun County Probate Court
BUI on Lake Lanier- These cases are typically set for court in the Hall County State Court, the Forsyth County State Court or the Dawson County Superior Court.
BUI on Lake Rabun- These cases are typically set for court in Rabun County Probate Court and may also be in Rabun County Superior Court.
BUI on Lake Burton- These cases are also typically set for court in the Rabun County Probate Court
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"Do the police have to have a reason to stop me on the lake?"
-No, is the answer. The first thing that many people notice about driving a boat in Georgia is that law enforcement officers do not have to have any reason to stop your boat to do an inspection. See all Georgia Boating Equipment List HERE |
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Boating Under the Influence in Georgia is defined under Code Section O.C.G.A. 52-7-12:
- (a) 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.
What happens in a BUI Case in Georgia?
Steps of in the Investigation:
Steps of in the Investigation:
- Stop of the vessel
- Normally an Equipment Check First
- If intoxication is suspected, then Field Sobriety Tests performed on the Officer's Boat
- Arrest
- Georgia Implied Consent Warning for Boaters: See Georgia Boating Implied Consent Here
- State-administered chemical testing of a person's blood, breath or urine
What tests are given in a Georgia BUI investigation?
- The Horizontal-Gaze Nystagmus Test
- The Finger-to-Nose Test
- The Palm Pat Test
- The Hand Coordination Test
- The Portable Breath Test or Intoximeter handheld breath testing device
The Difficult and Confusing BUI Field Sobriety Tests
The tests that are given in BUI investigations are confusing with multiple directions. If a suspect if nervous then performing these complicated tests is going to be difficult. The test do not account for nervousness!
See a video demonstration and explanation of these tests BELOW:
The tests that are given in BUI investigations are confusing with multiple directions. If a suspect if nervous then performing these complicated tests is going to be difficult. The test do not account for nervousness!
See a video demonstration and explanation of these tests BELOW:
Map of Lake Lanier
