Swimmer Suffers Serious Injuries After Victim of Boating Hit and Run

According to reports out of Rabun County, a woman was seriously injured when she was swimming in Lake Burton this past week.

Kathlyn Pattillo, a 29-year-old woman, was swimming when a passing boat hit her and then sped off. Doctors believe that the boat's propeller was what caused her body the most damage. She somehow was able to swim to shore, and nearby people heard her cries for help and called an ambulance.

DNR officers are still looking for the boat.

In Georgia, many of the same offenses that apply to vehicles also apply to water crafts. As a Georgia DUI Lawyer, I not only handle cases involving DUI in Georgia but also those involving BUI in Georgia.

Boating Under the Influence in Georgia

Georgia Law defines Boating Under the Influence in Georgia similarly to driving under the influence. The law is as follows:

No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;

(2) Under the influence of any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;

(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;

(4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; or

(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device safely as a result of using a drug other than alcohol which such person is legally entitled to use.

Georgia BUI Penalties include:

• Fines between $300 to $1000
• Period of imprisonment no more than 12 months
• No fewer than 40 hours of community service
• DUI School or DUI Alcohol or Drug Use Risk Reduction Program
• Clinical Evaluation

Just as with DUI convictions, a second, third, fourth, or subsequent BUI conviction can lead to exacerbated penalties.

Practice Note

Summer in Georgia is coming to an end. However, as a Southern state, many Georgians enjoy boating well into the fall and winter seasons. That being said, just because a person has been arrested for BUI does not mean that he or she is guilty of said act.

Contact our offices today if you or a loved one has been arrested.