Rules of the Waterways: Know Your Boating Laws

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Summer is here, which means that people across the state are making time to get out on the water in their boat or personal watercraft. It’s important to know Georgia’s Boating Laws before heading out on the water. Here are some laws that are commonly broken that you should be aware of:

  • Boat operators must slow to idle speed when they are within 100 feet of docks, piers, bridges, shorelines, or people in the water. Many times, these are designated with “no wake zone” or “idle speed only” signs.
  • Never operate your boat faster than is reasonable and prudent under the conditions.
  • Boat operators should pass on the right side and stay as far right as possible when rounding bends and curves or overtaking/passing other boats.
  • Never overload your boat. Overloading is loading the boat beyond the recommended capacity shown on the capacity plate installed by the manufacturer.
  • All boats in Georgia are required to carry at least one Coast Guard approved, wearable life jacket on board for each passenger. Adults are not required to actually wear the life jackets, but children under 13 are required to wear them.
  • Passengers riding on the bow or gunwale is strictly prohibited.
  • Much like driving a car, you can receive a Boating Under the Influence citation if your BAC is above .08 if you are over 21 years old, or .02 if you are under 21.

 

It is important to know the rules of the waterways because not adhering to boating laws can be costly, as boat police never hesitate to issue citations. If you’ve been pulled over while boating in Georgia do not hesitate. Give us a call TODAY.

Boating Under the Influence in Hall County

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Georgia law makes it a crime to operate a boat or other moving water vessel (for example, a jet ski) under the influence of alcohol, drugs, or a combination on a public waterway. The legal blood alcohol content for someone over 21 is the same as it is for a car: .08. The legal limit for someone under 21 is .02. Even if you are under the legal limit, you can be charged with BIU less safe, meaning that you were under the influence to the extent it was less safe to operate the vessel. If you have a child under 14 on board, you will also be charged with the separate crime of child endangerment. If you get a BUI after a boating accident, you may also be charged with serious injury by vessel or homicide by vessel.

There are two important differences between boating under the influence and driving under the influence. The first is that officers don’t need probable cause to stop your boat. Officers are allowed to stop and board any vessel operating on a public waterway to perform safety checks. If officers suspect that you are impaired, they can ask you to perform field sobriety tests and read you the implied consent law. Implied consent means that your ability to operate a vessel is conditioned on you submitting to chemical tests of your blood, breath, or urine. If you refuse testing or your BAC is above .08, your license to operate a vessel may be suspended for a minimum of one year. That brings us to the second important difference between a BUI and a DUI. For a DUI you have 30 days from the date of arrest to submit an appeal of your license suspension to DDS. You only have 10 days to file the suspension appeal for a BUI and it must be submitted to the Georgia Department of Natural Resources. A suspension of your boating license or conviction of BUI does not affect your ability to drive a car.

The penalties for the first conviction of BUI are a fine between $300 and $1,000; a period of incarceration of 10 days to 12 months but, the time to serve can be suspended, stayed, or probated except if your BAC is over .08 then you must serve a minimum of 24 hours; a minimum of 40 hours of community service; completion of a DUI alcohol or drug risk reduction program; and a clinical drug and alcohol evaluation and complete any recommended treatment. The penalties increase with each BUI conviction.

If you or a loved one has been charged with boating under the influence it is important to have a knowledgeable advocate. Give us a call at 404-581-0999 for a free consultation.

I Got Caught Speeding. Now What?

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If you’ve spent any time driving in Atlanta, I’m sure you’ve either witnessed another driver speeding or sped yourself. Ramifications from a speeding ticket vary based on your speed:

  • 15-18 mph over: 2 points
  • 19-23 mph: 3 points
  • 24-33 mph: 4 points
  • 34+: 6 points

In Georgia, if you accumulate 15 points in a 24 month period, your license will be suspended. If you are looking to reduce the number of points on your license, we always recommend taking a DDS-approved Defensive Driving course. A certificate of completion from one of these driving courses can reduce the number of points on your license by seven within a five year period.

The fine amount will depend on your exact speed but can range anywhere between $25-$1,000 or more. It is important to note that if you are traveling 75 mph+ on a 2-lane highway or 85+ on a 4-lane highway, you will be subject to a super speeder fine. In Georgia, this means that there is an additional $200 fine. You must pay the super speeder fine within 120 days or you will face a license suspension.

If you’re caught speeding, give our office a call IMMEDIATELY. Know your rights!

DUI Less Safe: What is It?

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If you’ve been pulled over for a DUI you may have seen a charge on the citation saying “DUI Less Safe.” There’s a lot of confusion about what this actually means. What people most commonly think of is “DUI Per Se” meaning that the authorities have a numerical reading of your blood alcohol content through blood, breath, or urine. If you’re over 21 years old, that means your BAC was above a .08.

On the other hand, “DUI Less Safe” essentially means that the driver is considered less safe to operate a vehicle due to alcohol or drug impairment, regardless of whether they meet the specific BAC threshold for DUI Per Se. DUI Less Safe is common in two scenarios, the first being a refusal of tests that may indicate impairment due to a BAC reading. If a police officer sees certain driving and/or physical manifestations that could indicate alcohol impairment and the driver refuses to perform any sobriety tests, they will usually issue a citation with DUI Less Safe because they do not have the BAC reading to issue DUI Per Se. The second scenario when DUI Less Safe is used is when your blood, breath, or urine shows that there is alcohol in your system, but the BAC is less than .08. Although it may seem strange to receive a DUI when your BAC is under the legal threshold for DUI Per Se, it does happen because the officer has deemed the driver “less safe” to operate a vehicle due to impairment.

If you or a loved one has gotten pulled over for a DUI in Georgia don’t hesitate! Call our office TODAY.

License Consequences for DUI Convictions in Gwinnett Recorder’s Court

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of DUI in Gwinnett Recorder’s Court, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and has paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation plus recommended treatment and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in Gwinnett County, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.

Help! I Failed to Appear in Duluth Municipal Court!

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If you missed court in Duluth Municipal Court, you are likely in FTA status. This means that you failed to appear for your court date, and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until you are pulled over and an officer tells you that your license is suspended.

The court will not lift your FTA suspension until you deal with the underlying traffic charge. This could mean just paying a fine, but it may also require an in-court appearance. An experienced lawyer can help you navigate the process quickly and effectively and get you on the road to reinstating your license.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to move forward, resolve the FTA, and have your driver’s license reinstated.

Help! I Failed to Appear in Gwinnett Recorder’s Court!

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If you miss court in the Gwinnett County Recorder’s Court, you are likely in FTA status. This means that you failed to appear for your court date and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until you are pulled over and an officer tells you that your license is suspended.

The court will not lift your FTA suspension until you deal with the underlying traffic charge. This could mean just paying a fine, but it may also require an in court appearance. An experienced lawyer can help you navigate the process quickly and effectively and get you on the road to reinstating your license.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to move forward, resolve the FTA, and have your driver’s license reinstated.

Failure to Maintain Lane: A Cop’s Most Used Weapon in DUI’s

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In the State of Georgia, police officers can use the offense of “failure to maintain lane” as a tool to initiate a traffic stop and potentially investigate a driver for suspicion of driving under the influence (DUI). This offense occurs when a driver fails to stay within their lane while driving on the road.

When a police officer observes a vehicle crossing lane lines, or exhibiting other signs of erratic driving that may indicate impairment, they can use this as reasonable suspicion to pull the driver over. O.C.G.A. § 40-6-48 states that “a vehicle shall be driven as nearly as practicable entirely within a single lane.” It prohibits drivers from leaving their lane until they have determined that a lane change can be made safely. NOTE: weaving within your lane is NOT a failure to maintain lane- the vehicle must cross or touch lane lines. Once the vehicle is stopped, the officer may then proceed with further investigation, which could include administering field sobriety tests or breathalyzer tests to determine if the driver is under the influence of alcohol or drugs.

It’s important to note that while failure to maintain lane can be a legitimate reason for a traffic stop, officers must still follow proper procedures and have reasonable suspicion of DUI to detain and arrest a driver. This means they must observe additional signs of impairment beyond just the lane deviation. It is usually accompanied by “bloodshot eyes”, or “odor of alcohol.” If you get pulled over for a DUI, call us immediately.

 

License Consequences for DUI Convictions in the Municipal Court of Smyrna

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By: Attorney Erin Dohnalek

In Georgia, an individual may be charged with DUI under the following circumstances:

  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of any drug to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while he/she was under the influence of a combination of any two or more controlled substances, which does include alcohol, to an extent that it was less safe for them to drive.
  • If he/she was in actual physical control of a moving vehicle while his/her alcohol concentration was .08 grams or more, or at any time within three hours after such driving ended.
  • If he/she was in actual physical control of a moving vehicle while there was any amount of marijuana or a controlled substance, as defined by O.C.G.A § 16-13-21, present in his/her blood or urine.

If an accused is convicted of a DUI in the Municipal Court of Smyrna, pursuant to O.C.G.A § 40-6-391, his/her license will be suspended. This is a mandatory suspension required by the Department of Driver’s Services. The length of the suspension is decided by how many prior DUI convictions he/she has had in the last five years. Those suspensions are as follows:

  • If the accused has not had a prior DUI conviction in the last five years:
    • The suspension will be for a period of 120 days.
    • During that suspension, the accused will be eligible for a limited permit to drive if he/she is a resident of Georgia, and he/she has not had a prior DUI conviction in the last five years.
    • After the 120-day license suspension, the accused will be eligible to get their permanent license back if he/she has completed a Risk Reduction Course, otherwise known as DUI school, and paid a $210 reinstatement fee.
  • If this is the second DUI conviction in the last five years for the accused:
    • The suspension will be for a period of 18 months.
    • For the first 4 months of the suspension, there will be a hard suspension with no eligibility for a limited permit. This means for the first 4 months, he/she will not be able to drive.
    • After the first 4 months, he/she may be issued a limited permit if he/she installs an ignition interlock in their vehicle.
    • After the full 18 months, the accused will be able to reinstate their permanent license if he/she has completed a substance abuse evaluation, and recommended treatment, and has shown proof of that completion to the Department of Driver’s Services.
  • The most serious license suspension happens to drivers who have been convicted of a third DUI in the last five years.
    • If that occurs, the driver will be considered a Habitual Violator.
    • This will require a 5-year license suspension, and there is no eligibility for a limited permit.
    • Only after two years can an accused be eligible for a probationary license to drive.
    • It is very important that the accused not drive if he/she is a Habitual Violator, as he/she could be arrested for a felony, if caught driving, that carries at least one year in jail.

Contact Us

Due to the severity of the license suspension consequences of a DUI conviction, it is of vital importance to speak with an experienced criminal defense attorney about your case. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of defending a DUI, we understand the defenses to the charge, we take pride in advocating for our clients’ constitutional rights, and we detail all options for our clients when defending their case. If you or a loved one has been charged with DUI in the city limits of Smyrna, Georgia, and you are worried about the license consequences associated with a conviction, please call our office today at 404-581-0999 for a free consultation.

What Does It Mean If I Have Been Charged With “DUI Less Safe”?

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It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol.

O.C.G.A. § 40-6-391 (a)(1) states that “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive”. This simply means that you may still be charged, and convicted of, DUI even if your BAC registers at a level below 0.08.

If you have been charged with DUI less safe, it is important that you hire an experienced DUI attorney to fight to protect your driver’s license and to prevent the long-term consequences that come with a DUI conviction. The lawyers at W. Scott Smith are experienced with the nuances associated with a DUI case and will work to protect you and resolve your case with the best possible outcome. Call our office at 404-581-0999 for a free consultation.