Boating
Under the Influence (BUI) – O.C.G.A. 52-7-12
It is
illegal to operate, navigate, steer, drive or be in actual physical
control of any moving vessel while under the influence of alcohol
or drug to the extent that it is less safe. If a person’s
blood alcohol concentration is .08 grams or more, it is presumed
(inferred) that the person is under the influence, and thus less
safe. This inference, however, may be challenged by the driver,
and evidence showing lack of impairment can be introduced.
If, within
three hours of operating a moving vessel, a person’s blood
alcohol level is .10 or more, the State need not prove any "less
safe" operation or any "drunken" condition. The
offense is committed simply by having an unlawful blood alcohol
level and "operating" a moving boat or other motorized
watercraft.
It is
also a violation of the statute to operate a moving vessel with
any amount of marijuana or other contraband substance present
in the blood or urine. The state is authorized to request that
a suspected violator of this statute submit to a blood, breath
or urine test to determine whether drugs or alcohol are present
in his or her body. A refusal to submit to a blood, breath or
urine test for BUI can affect your privilege to operate a boat,
but does NOT cause suspension or revocation of you driver’s
license in Georgia. Refusal of the requested test is admissible
in court as evidence against the defendant. After the defendant
submits to the requested test, he/she may request an independent
test by a qualified doctor or technician of his own choosing,
and at his/her own expense.
Finally,
it is a violation of this statute for the owner of any vessel
to knowingly allow any person they know or have reasonable grounds
to believe is under the influence of alcohol or drugs to operate
a moving vessel. Thus, the owner of a boat or other motorized
watercraft may be charged with permitting a person to commit a
BUI if he allows an impaired person to operate his vehicle.
Vehicular
Homicide - O.C.G.A. 40-6-393 (or Homicide by Vehicle)
First
Degree Vehicular Homicide – If the death of another
by vehicle results from any of five serious driving violations:
(1) a violation of the driver’s duty to stop for a school
bus; (2) duty to stop at a scene of an accident [sometimes
called hit and run]; (3) reckless driving: (4) driving under
the influence [DUI]; or (5) fleeing or attempting to elude
a police officer, it constitutes homicide by vehicle in the
first degree.
Punishment:
Felony, 3 to 20 years in prison or 5 to 20 years if the defendant
is a habitual violator. [Note: The length of punishment changed
May 1, 1999. Persons arrested before that date were subject
to the laws which existed prior to May 1, 1999, which were
more lenient on punishment.]
Second
Degree Vehicular Homicide – If a person’s
death results from a violation of any other motor vehicle
law besides those listed in the First Degree Vehicular Homicide
section, then the offense is homicide by vehicle in the second
degree.
Punishment:
Misdemeanor with up to 12 months in prison.
Vehicular
Feticide – O.C.G.A. 40-6-393.1 (or
Feticide by Vehicle)
If a person
causes the death of an unborn child while in the operation of
his automobile, he may be guilty of vehicular feticide. Vehicular
feticide is divided into two degrees.
First
degree vehicular feticide occurs when a "quick"
or viable (capable of remaining alive outside the womb) fetus
is killed as a result of a driving violation which would constitute
first degree vehicular homicide under O.C.G.A. 40-6-393.
Punishment:
Felony, 2 to 15 years in prison.
Second
degree vehicular feticide occurs if a sufficiently developed
fetus is killed because of any driving violation which would
be considered second degree vehicular homicide under O.C.G.A.
40-6-393.
Punishment:
Misdemeanor with up to 12 months in prison.
Serious
Injury by Vehicle – O.C.G.A. 40-6-394
If a driver
impaired by drugs or alcohol in violation of O.C.G.A. 40-6-390
(reckless driving) or O.C.G.A. 40-6-391 (driving under the influence)
causes serious bodily harm to another person, without malice,
he may be guilty of causing serious injury by vehicle.
Punishment:
Felony punishable by 1 to 15 years in prison. [Note: The length
of punishment changed May 1, 1999. Persons arrested before
that date were subject to the laws which existed prior to
May 1, 1999, which were more lenient on punishment.]
