What are the mandatory penalties for a first BUI conviction in Georgia?

A first BUI conviction in Georgia under O.C.G.A. § 52-7-12 carries a mandatory 12-month probationary sentence, a minimum of 24 hours of actual incarceration with a maximum of 12 months in jail, a fine of up to $1,000, mandatory community service hours, and a required drug and alcohol evaluation with completion of any recommended treatment program. Regular reporting to a probation officer is also required throughout the probationary period. These penalties are mandatory, meaning a judge cannot simply waive them upon conviction — making aggressive pretrial defense the most effective strategy for avoiding them entirely.

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

Brett Willis Law LLC defends clients charged with BUI throughout Gainesville, Hall County, and North Georgia. 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 trial-tested experience and deep knowledge of Georgia BUI and DUI law to every case. The firm evaluates every available defense, including challenging the DNR stop, sobriety testing procedures, implied consent compliance, and chemical test results. A BUI conviction carries mandatory jail time, probation, fines, and a permanent criminal record — consequences that deserve an aggressive and experienced defense. Contact Brett Willis Law LLC for a free consultation.

What Are the Penalties for BUI in Georgia?

Boating Under the Influence (BUI) is a criminal offense under Georgia law, governed by O.C.G.A. § 52-7-12. The penalties for a BUI conviction closely parallel those for a DUI conviction, and they are serious enough that many people who treat a BUI charge as a minor matter are caught off guard by the consequences.

First BUI Conviction: Mandatory Penalties

A first BUI conviction in Georgia carries a mandatory 12-month probationary sentence, a minimum of 24 hours of actual incarceration (with a maximum of 12 months), a fine of up to $1,000, mandatory community service hours, and a required drug and alcohol evaluation with completion of any recommended treatment. The defendant must report regularly to a probation officer throughout the probationary period.

The Permanent Record Consequence

A BUI conviction results in a permanent criminal record. The arrest record — including the mugshot taken at booking — becomes publicly accessible and can remain findable through internet searches indefinitely. This is a consequence that many defendants do not fully anticipate and that has lasting implications for employment background checks, professional licensing applications, and personal reputation.

How BUI Differs From DUI on Licensing

One significant distinction between a BUI conviction and a DUI conviction is that a BUI conviction does not automatically result in the suspension of boating privileges or a driver’s license. Unlike a DUI, which triggers an automatic driver’s license suspension upon conviction, a BUI conviction alone does not cause the loss of either boating privileges or driving privileges under Georgia law. The only mechanism by which a person can lose the right to operate a vessel in Georgia is through a refusal to submit to chemical testing when requested by a DNR officer during a BUI stop — not through the conviction itself.

Subsequent BUI Convictions

Like DUI, BUI penalties escalate with subsequent convictions. A second BUI conviction within 10 years carries increased mandatory jail time, higher fines, and longer probation requirements. Georgia law tracks BUI convictions for recidivism purposes, meaning prior convictions are counted when determining the appropriate penalty for a subsequent offense.

Why a BUI Should Be Defended Aggressively

The penalties for a BUI conviction are substantial, and the permanent criminal record consequence alone makes aggressive defense worthwhile. BUI cases present many of the same defense opportunities as DUI cases — including challenges to the basis for the stop, the administration of any sobriety testing, the implied consent process, and the chemical test results. Georgia DNR officers are subject to the same constitutional requirements as law enforcement officers on land, and any departures from those requirements can provide grounds for suppression or dismissal.

If you are facing a BUI charge in Georgia, consulting with a criminal defense attorney experienced in both DUI and BUI law is the most effective step you can take to protect your record and your future.

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!!!!!