Boating under the influence (BUI) charges can turn a relaxing day on Georgia’s lakes and rivers into a legal nightmare. The Georgia Department of Natural Resources (DNR) reported a significant spike in BUI arrests during Memorial Day weekend 2025, highlighting the state’s strict enforcement of boating laws. As an experienced Atlanta BUI lawyer, George Creal, with over 25 years defending clients in DUI and BUI cases, understands the complexities of these charges and how to protect your rights. This blog post explores BUI investigations, summarizes the recent Memorial Day weekend incidents, and explains how George Creal can help you fight a BUI charge in Georgia.
Understanding BUI Arrests and Investigations in Georgia
Under Georgia law (O.C.G.A. § 52-7-12), operating a vessel while under the influence of alcohol, drugs, or a combination is illegal, mirroring the standards for DUI on roadways. A BUI charge applies if your blood alcohol concentration (BAC) is 0.08% or higher, or if you’re impaired to the point of being a “less safe” operator. Penalties include fines up to $1,000, jail time up to 12 months, and potential loss of boating privileges for a first offense. Subsequent offenses escalate penalties, making a strong defense critical.
How BUI Investigations Work:
- Initial Observation: Georgia DNR officers or local law enforcement patrol waterways, looking for signs of impairment, such as erratic vessel operation, speeding, or failure to follow navigation rules. During high-traffic periods like Memorial Day weekend, patrols increase, as seen in the 2025 reports.
- Boating Stop: Officers may stop a vessel based on reasonable suspicion or just to check life preservers, such as observing a boater weaving or ignoring no-wake zones. Unlike DUI stops, BUI stops don’t always require a traffic violation—officers can approach for safety checks or equipment inspections.
- Field Sobriety Tests: Officers may administer field sobriety tests adapted for boating environments, such as the Horizontal Gaze Nystagmus (HGN), finger to nose, palm pat, or hand coordination tests. These tests, outlined by the National Association of State Boating Law Administrators (NASBLA), are less standardized than DUI tests and often challenged in court.
- Portable Breath Tests: A preliminary breath test may be requested to detect alcohol. While not admissible in court, a positive result can justify an arrest.
- Chemical Testing: After an arrest, officers read Georgia’s implied consent notice, requiring you to submit to a breath, blood, or urine test. Refusal triggers a one-year suspension of boating privileges, and test results showing a BAC of 0.08% or higher lead to a BUI per se charge.
- Arrest and Charges: If evidence suggests impairment, you’re arrested and charged. Officers document observations, test results, and any statements you make, which are critical in building the prosecution’s case.
Challenges in BUI Cases: BUI investigations are fraught with potential errors. Field sobriety tests on a moving boat are unreliable due to wind, waves, and balance issues. Breathalyzers may be improperly calibrated, and officers may lack proper training. George Creal meticulously examines these factors to suppress evidence or negotiate dismissals.
Memorial Day Weekend 2025: A Surge in BUI Arrests
According to a May 27, 2025, report from FOX 5 Atlanta, the Georgia DNR recorded 29 BUI arrests and two boating accidents during Memorial Day weekend (May 24–26, 2025). The incidents underscore the heightened enforcement during holiday weekends and the risks boaters face.
Key Details from the Report:
- 29 BUI Arrests: The DNR reported 29 BUI incidents across Georgia’s waterways, with the highest number in Region 4 (Metter). This reflects aggressive patrols targeting impaired boaters during the busy holiday weekend.
- Two Boating Accidents:
- Savannah River Incident: Around 8 p.m. in Region 4, a man attempting to trailer his boat fell into the water. His vessel took on water and sank, but he swam to shore. He was arrested for BUI, highlighting how accidents often lead to impairment investigations.
- Jekyll Jetties Crash: Just after 11 p.m., a boat ran over the Jekyll Jetties, stopping 20 yards into a marsh on an oyster bed. All four passengers were unharmed, but the incident prompted a DNR investigation. No injuries were reported, but the crash raised concerns about operator error, potentially linked to impairment.
- DNR’s Response: The DNR emphasized safety, reminding boaters to stay sober and follow navigation rules. The agency’s final report, covering May 24–26, 2025, reflects its commitment to cracking down on BUI during peak boating seasons.
Lessons for Boaters: These incidents show that accidents, even minor ones, can trigger BUI investigations. Officers often assume impairment when boats sink or crash, making it critical to have a skilled attorney like George Creal to challenge evidence and protect your rights.
How George Creal Defends BUI Cases
As a seasoned BUI lawyer in Atlanta, George Creal leverages his extensive experience in DUI and BUI defense to build robust strategies tailored to each case. Here’s how he applies his expertise to BUI charges stemming from incidents like those during Memorial Day 2025:
- Challenging the Stop: Creal examines whether officers had reasonable suspicion to stop your vessel. For example, a “safety check” may be a pretext for a fishing expedition, violating your Fourth Amendment rights. In the Savannah River case, Creal would investigate whether the DNR’s approach was justified or overly intrusive.
- Disputing Field Sobriety Tests: BUI field tests are notoriously unreliable on water. Creal uses his knowledge of NASBLA standards to argue that tests like the HGN were improperly administered or affected by environmental factors, as might have occurred in the Jekyll Jetties incident.
- Questioning Chemical Tests: Creal scrutinizes breath or blood test procedures, checking for calibration errors, improper storage, or chain-of-custody issues. In the Memorial Day cases, he would demand calibration records for breathalyzers used in the 29 BUI arrests.
- Negotiating Plea Deals: If evidence is strong, Creal negotiates reductions to non-BUI charges, such as reckless operation, to minimize penalties. His persuasive communication, inspired by principles like those in Frank Luntz’s Words That Work, ensures prosecutors see the case’s weaknesses.
- Trial Advocacy: In court, Creal humanizes clients, emphasizing their character and lack of criminal history. For the Savannah River boater, he might argue, “This was a mistake, not a crime,” while highlighting flaws in the DNR’s investigation to create reasonable doubt.
Case Study: In a recent Lake Lanier BUI case, Creal secured a dismissal by proving the officer lacked training in NASBLA field sobriety tests. His motion to suppress the test results led to the prosecution dropping the case, saving the client from mandatory fines and jail time in consideration for a plea to reckless operation of a watercraft.
Why Choose George Creal for Your BUI Defense?
George Creal’s track record speaks for itself: thousands of DUI and BUI cases handled, hundreds of charges reduced, and over hundreds not guilty verdicts in jury trials. His deep understanding of Georgia’s boating laws, combined with his ability to exploit investigative errors, makes him the go-to BUI attorney in Atlanta. Whether you’re facing a BUI charge on Lake Oconee, Lake Lanier, or the Savannah River, Creal’s firm, George C. Creal, Jr., P.C., fights tirelessly to protect your freedom and reputation.
The Memorial Day 2025 incidents serve as a stark reminder: a single mistake on the water can lead to life-altering consequences. Don’t let a BUI charge derail your future. Trust George Creal to navigate the legal waters and deliver the best possible outcome.
Contact George Creal Today
If you’ve been charged with BUI in Georgia, act quickly to protect your rights. Contact George C. Creal, Jr., P.C. for a free consultation at (404) 333-0706, email [email protected], or visit https://www.georgecreal.com/bui/. Let Atlanta’s premier BUI lawyer fight for you with the skill and dedication you deserve.
Citations:
- FOX 5 Atlanta. (2025, May 27). 29 BUIs, multiple boating incidents over Memorial Day Weekend reported.
- Hoodline. (2025, May 26). Georgia’s Memorial Day Weekend Marred by 12 BUIs and Two Boating Accidents Across the State.