What Are the Penalties for Boating Under the Influence in Tennessee?

Boating under the influence of drugs or alcohol is extremely dangerous, so a conviction in Tennessee will be accompanied by harsh penalties. If you are facing criminal charges, it is crucial that you are adequately represented and understand your legal rights and options. Read on and work with a skilled Memphis DUI defense lawyer for experienced legal counsel today.

What is Boating Under the Influence?

Boating Under the Influence (BUI) in Tennessee is a serious offense defined as operating a water vessel while impaired by alcohol, drugs, or a combination of both. The definition of BUI is established under Tennessee Code § 69-9-217 and can result in charges in two primary ways:

1. Per se violation (alcohol): Operating a vessel with a Blood Alcohol Concentration (BAC) of 0.08% or higher. This is a “per se” violation, meaning proof of actual impairment is not required. Simply having a BAC over the legal level is enough to warrant a charge. For operators under 21, the legal limit is 0.02%.
2. Impairment violation (alcohol or drugs): Operating a vessel while under the influence of any intoxicant (including alcohol, controlled substances, or prescription drugs) that impairs the person’s ability to safely operate the vessel.

Similar to DUI laws on Tennessee roadways, the state’s BUI statute covers impairment from legally prescribed medications if they deprive the operator of the “clearness of mind or the control of oneself that the person would otherwise possess” necessary for safe operation.

Law enforcement officers, typically from the Tennessee Wildlife Resources Agency (TWRA), may use field sobriety tests on the water or portable breathalyzers to establish probable cause for arrest.

What Are the Penalties for Boating Under the Influence in TN?

In Tennessee, penalties for Boating Under the Influence escalate significantly with each offense. A first offense is typically classified as a Class A misdemeanor, carrying a mandatory minimum jail sentence of 48 hours up to 11 months and 29 days, though the minimum may increase if the offender’s BAC was significantly elevated.

Fine associated with a conviction can range from $250 to $2,500. Additionally, the court will generally suspend the offender’s boating privileges for one year, and the individual must complete a mandatory alcohol safety course.

A second offense within a 10-year period also remains a Class A misdemeanor but imposes a much harsher mandatory minimum jail time of 45 days, with fines up to $5,000. Operating privileges are suspended for two years. A third offense becomes more serious, requiring a minimum of 120 days in jail, a fine of up to $10,000, and a suspension of operating privileges for 6 to 10 years. A fourth or subsequent BUI offense is prosecuted as a Class E felony, subjecting the offender to state prison time and fines up to $15,000.

It’s also important to note that Tennessee has implied consent laws, meaning refusing a chemical test after a lawful arrest for BUI has its own consequences, including suspension of operating privileges. For more information and legal advice, reach out to a skilled defense attorney today.