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Boating Under the Influence Accomplished Legal Professional Using Insights from Both Sides of the Law

Boating Under the Influence Lawyer in Cumming

Skilled Representation to Protect Your Boating License & More

Most people are familiar with a DUI (Driving Under the Influence) charge, but are you prepared in the event of a BUI? Boating Under the Influence is illegal in Georgia, and a BUI charge can come with fines and consequences just like a DUI. Although the charge refers to “boating,” this law applies to the operation of other aquatic vehicles such as jet skis, water skis and surfboards. If you have been charged with Boating Under the Influence in Georgia, do not hesitate before seeking out counsel from our Cumming BUI lawyer.

The 10 Day Letter

Just as with a DUI, Georgia state law gives you only 10 business days to appeal the suspension of your boating license. If you fail to file this appeal or if your appeal fails, you could lose your boating license for up to a year. In Georgia, operating a watercraft under a suspended license will cost you. The first offense is considered a misdemeanor and will earn you a fine of $500-1,000. If you commit a second offense within five years of the first, the charge becomes a high and aggravated misdemeanor offense with a fine of $1,000-1,500. Each offense will extend your suspension an additional six months. Your BUI lawyer will be able to file the appeal on your behalf.

What is Considered Boating Under the Influence in Georgia?

Georgia’s BUI laws mirror the state’s DUI laws; a blood alcohol concentration (BAC) of .08 or higher is considered legally impaired. For those under 21, the maximum “acceptable” BAC drops to .02. The state’s BUI laws fall under the Georgia Boat Safety Act, so the laws only apply to those operating watercraft on public waterways. Georgia’s Department of Natural Resources and local law enforcement agencies patrol Lake Lanier, Lake Oconee, Lake Allatoona, and Lake Burton along with the state’s other public waterways. The law does not apply to those boating on private lakes.

It is important to note that in Georgia, law enforcement does not need any reason to stop your boat. This is the major difference between the state’s DUI laws and BUI laws. When you are driving, law enforcement must have at least a “reasonable suspicion” of wrongdoing to stop you.

Boat safety checks, however, can be conducted at any time, regardless of any probable cause. Once stopped, the officer will assess you for impairment and may ask you to perform field sobriety tests of the same sort you would perform if you had been pulled over in your car or ask for breath, blood, or other bodily substances for a chemical test. You can refuse to submit to chemical testing, but that refusal can be used against you by the prosecution in a criminal case and is also grounds for the separate administrative suspension mentioned above.

Consequences of Boating Under the Influence

It is a common misconception that having your boating license suspended affects your driving privileges in Georgia, but this is not the case. A BUI will only affect your boating privileges; that said, BUI is a serious misdemeanor that can be punished with fines and jail time. Even a first offense carries a maximum penalty of 12 months in jail and a $1,000 fine. Four or more BUIs in a 10 year period is a felony offense and punishable by up to 5 years in prison. Furthermore, if a child under the age of fourteen is in the watercraft at the time, a separate charge of child endangerment is added.

If your BAC tests above the legal limit after a boating accident, you may be charged with Serious Injury by Vessel or Homicide by Vessel, two extremely serious offenses. But even a single BUI offense will go on your criminal record, which could have a permanent effect on your education and employment opportunities in the future.

Do not let a day of fun on the water turn into a damaging conviction – a qualified Cumming boating under the influence lawyer can help you defend yourself and retain your right to boat in Georgia.

If you have been charged with a BUI, do not hesitate to seek the counsel of a highly qualified criminal attorney in Georgia. This is a serious offense that could have long-term consequences for you without the appropriate legal representation. Even if you did not feel “impaired” at the time of the charge, state law could make you liable for a number of additional, more severe charges.

If you are facing BUI charges, the time to act is now. Call us today at (678) 257-4507 to schedule your free consultation and find out what we can do to help your situation.

 

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    "Attorney Epps and his paralegal, Elicia, worked wonders for me!"
    Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.
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    I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.
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    Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.
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    After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.

    From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.

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    Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!
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    Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!
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    Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.
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    Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.
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Uniquely Experienced Defense Attorney

With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.


 

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  • Dedicated Team
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    The knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
  • 30 Years of Experience
    Over 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.