Although BUI’s are less known than regular DUI’s, an individual is still evaluated with similar field sobriety tests. During the tests, the officer will be evaluating the individual’s performance by looking for certain clues. These clues might provide the officer with probable cause to arrest for BUI. Calculated performance on these tests is used as evidence to prove whether or not the individual was less safe to operate a watercraft. The officer makes a decision on the collectivity of everything involved in the incident.
Georgia law requires that law enforcement officers follow certain procedures to request a chemical test to determine an individual’s BAC after the BUI arrest. If those procedures aren’t followed, evidence can be deemed inadmissible and draws the line between conviction and dismissal. Anyone operating a water vessel on the waters of the state is deemed to give consent to a chemical test of blood, breath, or urine to test for alcohol or drugs if arrested for BUI or involved in an accident with fatality or serious injury. The arresting officer must read the Georgia Implied Consent Notice to the individual depending on their age. Notices are different for those above 21 and those below.
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