Client was stopped by Georgia Department of Natural Resources officers for violating a no wake zone. Officers claimed that client was attempting to flee after being told to stop. Boating field sobriety evaluations were performed and client was arrested for boating under the influence. The Georgia implied consent notice for boaters was read and client agreed to take the state’s breath test, but client also asked questions about her own blood test. Our client’s breath test was 0.145 (the legal limit for boaters is 0.08). After a motions hearing and arguments from the defense and prosecution, the judge suppressed the prosecution’s 0.145 breath test result. After a 3 day trial, a Forsyth County jury found our client not guilty of Boating Under the Influence, not guilty of Obstruction of a Law Enforcement Officer, and only found guilty of failure to obey a regulatory marker (no wake zone).
