Georgia Code
Article 1 - General Provisions
§ 52-7-12. Operation of Watercraft While Under Influence of Alcohol, Toxic Vapors, or Drugs; Legal Drug Use Not Exempted; Blood and Other Chemical Tests; Test Refusal; Owner’s Liability for Allowing Another to Operate While Intoxicated; Civil and Cri...

provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to May 15, 2013, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3) of this subsection;
History. Ga. L. 1968, p. 487, § 10; Ga. L. 1973, p. 1427, § 11; Ga. L. 1986, p. 612, § 1; Ga. L. 1987, p. 3, § 52; Ga. L. 1992, p. 2075, § 3; Ga. L. 1994, p. 680, § 5; Ga. L. 1998, p. 672, § 1; Ga. L. 2013, p. 92, § 8/SB 136; Ga. L. 2013, p. 294, § 4-62/HB 242; Ga. L. 2014, p. 710, § 1-21/SB 298; Ga. L. 2014, p. 866, § 52/SB 340; Ga. L. 2016, p. 223, § 2/HB 172; Ga. L. 2020, p. 827, § 1-4/HB 998.
The 2020 amendment, effective August 5, 2020, substituted “alcohol concentration” for “blood alcohol concentration (BAC)” in the middle of subsection (h).
Cross references.
Implied consent to chemical tests by virtue of operating motor vehicle, § 40-5-55 .
Driving under the influence generally, § 40-6-391 .
Chemical tests in DUI cases, § 40-6-392 .
Obtaining blood sample where person unable to give consent, § 45-16-46.
Liability of owner of watercraft for injury or damage caused by operation of watercraft, §§ 51-1-21 , 51-1-22 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, “this Code section” was substituted for “O.C.G.A. 52-7-12” at the end of subsection (i).
Editor’s notes.
Ga. L. 2013, p. 92, § 1/SB 136, not codified by the General Assembly, provides, in part, that Sections 8, 9, and 10 of this Act shall be known and may be cited as the “Jake and Griffin Prince BUI Law.”
Ga. L. 2013, p. 92, § 14/SB 136, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses occurring on and after May 15, 2013; provided, however, that for purposes of determining the number of prior convictions or pleas of nolo contendere pursuant to the felony provisions of paragraph (4) of subsection (m) of Code Section 52-7-12, only those offenses for which a conviction or a plea of nolo contendere is obtained on or after May 15, 2013, shall be considered.
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2014, p. 866, § 54(e)/SB 340, not codified by the General Assembly, provides: “In the event of a conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2014 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to subparagraphs (m)(1)(D), (m)(2)(D), (m)(3)(D), and (m)(4)(D) of this Code section by Ga. L. 2014, p. 866 § 52/SB 340, was not given effect.
Law reviews.
For review of 1998 legislation relating to waters of the state, ports, and watercraft, see 15 Ga. St. U.L. Rev. 251 (1998).