Do the Same Implied Consent Laws Apply to Boating Cases?

For the most part, yes. Under O.C.G.A. § 52-7-12, anyone operating a vessel on Georgia's waters is considered to have already consented to a chemical test of their blood, breath, or urine if arrested for BUI — the water-based counterpart to the implied consent law drivers face on the road. Refusing a lawfully requested test under O.C.G.A. § 52-7-12.5 triggers a one-year administrative suspension of boating privileges, handled separately from the criminal case, and the refusal itself can be used as evidence at trial; submitting to testing and scoring 0.08 or higher (0.02 if under 21) can trigger the same suspension. The frameworks aren't identical, though — a BUI conviction doesn't automatically count as a prior DUI for sentencing enhancement, and Georgia DNR wildlife rangers have broader authority to board a vessel for a safety inspection without any suspicion of wrongdoing, unlike a traffic stop on the road. Whether testing was refused or provided, the administrative suspension runs on its own clock and hearing process, and missing the deadline to challenge it can mean losing that fight before the criminal case is even resolved.

Does Georgia Implied Consent Apply to BUI Cases?

Answer:

For the most part, yes. Boating under the influence and driving under the influence are governed by separate statutes, but they closely mirror one another. Implied consent is a Georgia law that conditions your privilege to drive or boat on your willingness to submit a blood or breath sample when an officer requests it after an arrest for DUI or BUI. Refusing to provide that sample can carry serious consequences for your license. If you find yourself in this position, give us a call.

How BUI Implied Consent Works

Under O.C.G.A. § 52-7-12, anyone who operates a vessel on Georgia’s waters is considered to have already consented to a chemical test of their blood, breath, or urine if they’re arrested for BUI. This is the water-based counterpart to the implied consent law drivers are subject to on the road, and it applies any time an officer has reasonable grounds to believe someone was operating or in control of a moving vessel while impaired, or was involved in a boating accident causing serious injury or death.

What Happens If You Refuse

Refusing the test doesn’t stop the consequences — it just changes what they look like. Under O.C.G.A. § 52-7-12.5, refusing a lawfully requested chemical test after a BUI arrest triggers a one-year administrative suspension of your privilege to operate a vessel in Georgia. That suspension is handled separately from the criminal case itself, and if you don’t timely request a hearing to challenge it, or the suspension is upheld at that hearing, it takes effect regardless of how the criminal case turns out. On top of the suspension, your refusal itself can be used as evidence against you at trial.

What Happens If You Take the Test

If you submit to testing and the result comes back at 0.08 or higher (or 0.02 for someone under 21), that result can also trigger the same one-year administrative suspension of your boating privileges — separate from, and in addition to, whatever happens with the criminal BUI charge itself.

Where BUI and DUI Implied Consent Diverge

While the frameworks are similar, they’re not identical. A BUI conviction doesn’t automatically count as a prior DUI for sentencing enhancement purposes, even though prosecutors and judges may still take it into account informally. And on the water, officers — including Georgia DNR wildlife rangers — have broader authority to board a vessel for a safety inspection without needing any suspicion of wrongdoing first, which is a meaningful difference from how traffic stops work on the road.

What This Means If You’ve Been Arrested

Whether you refused testing or provided a sample, the administrative suspension of your boating privileges runs on its own clock and its own hearing process, separate from your criminal case — and missing the deadline to challenge it can mean losing that fight before the underlying BUI charge is even resolved. If you find yourself in this position, give us a call.

5 Star Rating

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.

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5 Star Rating

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!!!!!