Tennessee has laws, much like those that apply to driving under the influence, that prohibit operating a boat while intoxicated. This article explains Tennessee's boating under the influence (BUI) laws and the penalties you'll face for a BUI conviction.
Generally, Tennessee law prohibits operating a vessel while under the influence of drugs or alcohol. However, to fully understand what the law covers, it's important to know some definitions.
A person can be convicted of boating under the influence (BUI) for operating a vessel while:
Tennessee's BUI statute doesn't define what it means to be "impaired." But Tennessee's DUI laws says a driver is "under the influence" when the intoxicating substance "impairs the driver's ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess."
The term "vessel" includes "every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water." Under this definition, you could theoretically get a BUI while operating a motorized or non-motorized boat, including sailboats and rowboats.
The consequences of a Tennessee BUI depend on the facts of the case. But generally, BUIs are class A misdemeanors with the following penalties:
For purposes of determining whether a BUI is a first or subsequent offense, prior BUI convictions that occurred more than ten years ago don't count.
As part of a sentence, a judge can order also a BUI offender to pick up litter in public areas for a certain number of hours or days. And generally, anyone convicted of a second or subsequent BUI must participate in a substance abuse treatment program.
If you've been arrested for or charged with boating under the influence in Tennessee, get in contact with an experienced DUI/BUI attorney. The facts of every case are different. A good DUI/BUI attorney should be able to explain how the law applies to the facts of your case and help you decide on your best course of action.