Boating Under the Influence (BUI) Accidents

an aerial photo of a boat on a lake.

Boating Safety Rules and Regulations on Lake Lanier, Georgia

Lake Lanier’s popularity for fishing, swimming, and watersports makes boating safety a top priority. Both Georgia state law and federal regulations set standards for safe boating on Lake Lanier. Violating these rules not only increases the risk of accidents and injuries but can also form the basis for negligence in a legal claim. In recent years, serious incidents have underscored the importance of these safety laws – for example, in May 2020, 13 people were injured in a boating collision on Lake Lanier. The following outlines key boating safety rules – from operator requirements to equipment mandates – and explains how breaching these duties can lead to liability.

Georgia boating law states:

  • It is illegal for those under the age of 21 years to operate a boat or PWC if their blood alcohol level is 0.02 or more
  • Those 21 years of age or older are considered to be under the influence, and may not operate a boat or PWC, if their blood alcohol level is 0.08 or more or if drugs are detected.

Under Georgia law, an adult boat operator with a blood alcohol concentration (BAC) of .08 or higher is automatically considered negligent, a concept known as “negligence per se.” This means that if a boat operator is found to have a BAC at or above .08 when controlling a vessel, the law itself assumes that their actions were unsafe and careless. In civil liability cases, this violation of the legal limit is enough to prove negligence without needing extra evidence that the operator failed to exercise reasonable care. For someone injured in a boating accident, this legal standard can make it easier to show that the operator’s impaired condition directly caused the accident, strengthening your claim for damages.

Negligence Per Se in BUI Cases

Breaking a safety law can automatically establish negligence – this is called negligence per se. In Georgia, if a boater violates a law designed to keep people safe and someone gets hurt as a result, the law treats the boater as automatically negligent in a civil case. Boating under the influence is a crime and a safety law violation. If a boat operator is convicted of BUI, a victim suing for injuries may use that conviction to prove negligence per se​. In simple terms, the fact that the boater was drunk and broke the law already proves they were negligent, so the victim doesn’t have to prove careless behavior separately. This makes it easier for injury victims to hold the drunk boater responsible.

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