What happens if you refuse a BUI chemical test in Georgia?

If you are stopped on Georgia's waterways by the Department of Natural Resources and arrested for BUI, Georgia's implied consent law requires you to submit to a blood or breath test upon the officer's request. If you refuse that test, you may lose your ability to operate a vessel in Georgia — not as the result of a conviction, but as an administrative consequence of the refusal itself. This is the only mechanism under current Georgia law by which boating privileges can be administratively suspended in connection with a BUI stop. The refusal-based suspension is separate from and independent of any criminal proceedings arising from the BUI arrest.

What are the consequences of a BUI conviction in Georgia beyond boating privileges?

While a BUI conviction in Georgia does not result in automatic suspension of boating privileges or a driver's license, it still carries serious consequences. A conviction can result in fines, potential jail time, and a permanent criminal record. Because a BUI charge is a criminal matter — not merely a civil infraction — the record consequences can affect employment, professional licensing, and background checks in the same way other criminal convictions do. For that reason, a BUI charge should never be treated as a minor matter. Anyone facing a BUI arrest in Georgia should consult with an experienced criminal defense attorney to evaluate the evidence, understand the full range of consequences, and develop the strongest possible defense strategy.

How can Brett Willis Law LLC help with a BUI charge in Georgia?

Brett Willis Law LLC defends clients charged with Boating Under the Influence throughout Gainesville, Hall County, and North Georgia, including on and around Lake Lanier. Award-winning attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings the same aggressive defense approach to BUI cases that he applies to DUI and other criminal charges. The firm evaluates implied consent compliance, the basis for the DNR stop, chemical test validity, and all available defenses to protect both your record and your rights on the water. Contact Brett Willis Law LLC for a free consultation.

Can a BUI Conviction Affect Your Boating Privileges in Georgia?

Boating Under the Influence (BUI) is a serious criminal charge in Georgia, but it differs from a standard DUI in one significant and often misunderstood way: a BUI conviction does not automatically result in the loss of your boating privileges or your driver’s license.

BUI vs. DUI: The License Suspension Distinction

In a standard DUI case, a conviction triggers an automatic driver’s license suspension. That suspension is imposed by operation of law — it happens as a direct consequence of the conviction, without any additional action required by the court or the Department of Driver Services.

A BUI conviction does not work the same way. Under Georgia law, a conviction for boating under the influence does not carry an automatic suspension of your right to operate a vessel on Georgia’s waterways. There is no statutory equivalent to the DUI license suspension that applies to boating. In other words, you can be convicted of BUI and still legally operate a boat.

The One Exception: Refusal to Submit to Testing

There is, however, one narrow circumstance under which a person can lose their right to operate a vessel in Georgia — and it has nothing to do with a conviction.

If you are stopped on the water by the Georgia Department of Natural Resources (DNR) and arrested for BUI, Georgia’s implied consent law requires you to submit to a blood or breath test upon the officer’s request. If you refuse that test, you may lose your ability to operate a vessel in Georgia — not as a result of a conviction, but as a consequence of the refusal itself. This is the only mechanism under current Georgia law by which boating privileges can be administratively suspended in connection with a BUI stop.

What This Means for Your Defense

Understanding this distinction matters when evaluating the full consequences of a BUI charge. While a BUI conviction can still result in fines, potential jail time, and a permanent criminal record, it does not trigger the same automatic licensing consequences as a DUI. Your driver’s license is not directly at risk from a BUI conviction alone.

That said, a BUI charge should not be taken lightly. If you are facing a BUI arrest in Georgia, you should consult with an experienced criminal defense attorney to fully understand the charges against you, the evidence involved, and the best strategy for protecting your record and your rights on and off the water.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!