Tag Archives: traffic violations Atlanta

5 Common Questions about BUI in Georgia

1. What is a BUI? The Georgia law of boating under the influence says no person shall operate a vessel while under the influence of alcohol, drugs, or a combination thereof, when it is less safe to do so; while having a blood alcohol concentration of .08 or above within 3 hours of operating such vessel; if there is any amount of marijuana or a controlled substance in their blood or urine; or has prescription drugs in their blood and is rendered incapable of operating a vessel safely. what is a BUI?

2. What is considered a “vessel” for BUI purposes?
“Vessel” means every description of watercraft, other than a seaplane on the water or a sailboard, used or capable of being used as a means of transportation on water and specifically includes, but is not limited to, inflatable rafts and homemade vessels. The vessel does NOT need to be motorized.

3. Can my driver’s license be suspended if I am convicted of BUI? No, only your “privilege to operate a vessel” can be suspended. Your privilege to operate can be suspended anywhere from 30 days to 5 years, depending on the number of BUI convictions you have.

4. What gives the Department of Natural Resources (DNR) the right to stop my boat? Under current Georgia law, the DNR or any other law enforcement officer can stop your vessel for any reason, including verifying proper documentation and safety equipment on board. The police do NOT need articulable suspicion to stop you as they would need when stopping your car.

5. What are the penalties for a BUI conviction? Besides loss of privilege to operate a vessel for a period of time, BUIs are misdemeanors punishable by a maximum of 12 months in jail and a $1000 fine. BUIs are very similar to DUIs, with officers using field sobriety tests, portable breath tests, and intoximeter breath machines to prove your guilt. Therefore, it is important to hire an experienced BUI and traffic lawyer who will aggressively fight for your rights. If you require legal representation for BUI or any other traffic offense, contact MRGADUI today. Be sure to follow Mickey Roberts on Facebook, Twitter, and Google+ for more information on Georgia traffic laws.

Georgia to Lower the Legal Limit for Boating and Drinking

As the warmer seasons arrive, popular spots like the lake and beach fill up with families, swimmers, and boaters. With recent stories of boating accidents occurring on the lake, Georgia state legislators have discussed the existing blood alcohol limits for boaters. Currently, Georgia’s blood alcohol content (BAC) limit for boat drivers is 0.10, up 0.02 from the standard in place for driving a motor vehicle under the influence. Governor Nathan Deal and other state legislators have been pushing to lower the limit to 0.08 to match the driving law stating, “If you are too drunk to drive an automobile, you are too drunk to drive a boat.” Of course .08 is just a legal limit imposed; no studies show that a person is “drunk” at that level.mr gadui

Gwinnett traffic and DUI attorney Mickey Roberts has represented clients for traffic and DUI offenses on the road and on the water. Even though 0.02 is not a drastic change, it should remind boaters to think again. Boat accidents are just as dangerous as car accidents, and Mickey encourages boaters to understand the laws of operating a boat on a lake or river in Georgia. While we are all familiar with the fines and penalties related to a DUI conviction, a BUI (boating under the influence) conviction has the same consequences whether you are operating a small boat or a yacht.

If you are suspected of boating while intoxicated, you will be pulled over by police that patrol Georgia’s lakes and rivers. The protocol remains the same as if you were suspected of driving a car under the influence with being asked to perform field sobriety tests and/or submit to a breathalyzer test. Consequences for a BUI conviction will still include fees and possible jail time, and the ability to operate a boat is suspended. As Mickey often reminds his clients, it is important to remember the 4 simple rules when stopped by police to avoid incriminating yourself and to understand your rights as a driver.

The state House of Representatives has passed Governor Deal’s proposal, however, it is still under review from the Senate. Be sure to stay up-to-date with our blog for more traffic law news. To inquire about legal representation for DUI or other traffic offenses, contact Mr. GaDUI today. Also, connect with him on Facebook, Twitter, and Google+.

Full Disclosure? Not for Georgia Breath Tests

Many of our government officials love the term “full disclosure” these days. Another word they like to use is “transparency”. Yet, the Georgia  Supreme Court doesn’t believe in transparency or full disclosure when it comes to breath tests. Take the recent case of Padidham v. State, decided May 7, 2012.

Let me set the scene. In Georgia, when you are arrested for DUI, the officer reads you the Implied Consent Warning (ICW), where he basically informs you that “Georgia law requires you to submit to a test of blood, breath, urine or other bodily substance to determine if you are under the influence of alcohol, but you can refuse to take such test(s). The refusal can be used against you in court, and that if you do take the test(s), you are entitled to additional independent tests of your choosing.”

Logic would tell us that it would help to know the results of the “State” test BEFORE deciding whether to get an independent test or not. For instance, if the State breath test showed a blood alcohol content of .08, .09, or something close to the limit, you might want to ask for a blood test or another type of test.

It would be very easy for the police to let you know your results immediately after submitting to a breath test as the machine prints out copies of the results immediately after you blow into the machine. However in Padidham, our Georgia Supreme Court holds that ALL an officer needs to do is inform you of your right to an independent test. The police do NOT need to tell you your actual test results. Once again this brings to mind the saying, “good enough for government work.”

To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

Radar Speed Detection Reinstituted in Gwinnett as Traffic Fatalities Jump

Have you recently noticed more police out in Gwinnett County using radar guns to catch speeders? In January 2011, only one year after the state of Georgia instituted the super speeder law, the option for Gwinnett County police and many city police in Gwinnett to use laser and radar speed detection was revoked due to an unresolved conflict between the county and city governments.

Although Georgia State Patrol could still use radar and laser detection to track drivers’ speed and Gwinnett police were able to catch speeders by pacing drivers, this revocation surely affected the number of speeding citations issued. According to an article in the Atlanta Journal Constitution, Gwinnett County police alone issued 29,000 speeding citations in 2010, and three-fourths of these citations were determined through the help of laser and radar gun detection.

In February 2012, the conflict was finally resolved and radar guns were returned to Gwinnett police. The police influenced by the dispute reported they operated just fine without the radars, but were definitely glad to have them back. They believe drivers are more likely to slow down if they know police are on the roads clocking their speed. With recent car accidents earlier this month resulting in three traffic fatalities over the span of five days in Gwinnett, you can probably expect to see even more police on the road.

On Friday, April 6th, a box truck crashed into the rear of a Nissan Altima sending both vehicles into a pickup truck and a minivan on I-985 S under Buford Drive. The driver and passenger of the Nissan died on impact. The other individuals involved suffered minor injuries. Police determined speed and alcohol were not factors in this accident, but the box truck driver was charged with two counts of second degree vehicular homicide. Second degree vehicular homicide is a misdemeanor resulting in a maximum sentence of 12 months, but first degree vehicular homicide is a felony and can result in 3 to 15 years in prison and license suspension.

The other traffic fatality in Gwinnett occurred April 10th at the intersection of Lawrenceville-Suwanee Road and Sugarloaf Parkway when a driver turned left in front of another driver as the stop light turned from green to yellow. The driver who was struck on the right side of his vehicle died at the scene. This incident is still under investigation to determine right of way and if speed was a factor, but driving while under the influence of alcohol did not seem to be a factor.

A leading Atlanta DUI defense lawyer, Mickey Roberts has seen many lives take an unfortunate turn due to drunk driving and vehicular homicide charges. He urges driver’s to drive carefully. Whether you drive carefully to avoid a speeding ticket or to prevent harm to yourself and other drivers, it’s important to be cautious as one bad decision can result in harsh consequences. If you have been arrested for DUI or other traffic violations, contact MrGaDUI today. Be sure to visit his website to learn more about driver’s rights, and connect with him on Facebook, Twitter, and Google+ if you haven’t already.

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
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