Tennessee's Boating Under the Influence (BUI) Laws and Penalties

Tennessee has laws, much like those that apply to driving under the influence (DUI), 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.

How Tennessee Law Defines Boating Under the Influence

In Tennessee, a person can be convicted of boating under the influence (BUI) for operating a vessel subject to registration or any commercial vessel while:

• impaired by drugs, alcohol, or a combination of the two, or
• having a blood alcohol concentration (BAC) of .08% or greater.

(Tenn. Code § 69-9-217 (2026).)

Tennessee's BUI statute doesn't define what it means to be "impaired." But Tennessee's DUI laws say 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." (Tenn. Code § 55-10-401 (2026).)

How Tennessee's BUI Law Defines "Vessel"

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 if it's subject to registration under Tennessee law. (Tenn. Code § 69-9-204 (2026).)

Tennessee's Boating Under the Influence (BUI) Penalties

The consequences of a Tennessee BUI depend on the facts of the case. But generally, BUIs are class A misdemeanors with the following penalties:

• First offense. A first BUI conviction generally carries a minimum of 48 hours and up to 11 months and 29 days in jail, $350 to $1,500 in fines, and a mandatory 12-month boating privilege suspension. The minimum jail time is seven days if the offender had a BAC of .20%.
• Second offense. A second BUI conviction generally carries a minimum of 45 days and up to 11 months and 29 days in jail, $600 to $3,500 in fines, and a mandatory 12-month boating privilege suspension.
• Third offense. A third BUI conviction generally carries a minimum of 120 days and up to 11 months and 29 days in jail, $1,100 to $10,000 in fines, and a mandatory 12-month boating privilege suspension.
• Fourth or subsequent offense. A fourth or subsequent BUI conviction generally is a felony and carries a minimum of 150 days in jail and $3,000 to $15,000 in fines, and a mandatory 12-month boating privilege suspension. The maximum prison sentence varies depending on the number of prior convictions.

For purposes of determining whether a BUI is a first or subsequent offense, prior BUI convictions that occurred more than 10 years ago don't count. (Tenn. Code § 69-9-219 (2026).)

As part of a sentence, a judge also can order 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. (Tenn. Code § 69-9-219 (2026).)

An offender who had a child under 18 years of age in the boat at the time of the offense will face an additional mandatory 30 days in jail and a $1,000 additional fine. (Tenn. Code § 69-9-219 (2026).)

Getting Help From an Attorney

If you've been arrested for or charged with boating under the influence in Tennessee, get in contact with an experienced attorney. The facts of every case are different. An attorney with knowledge of DUIs and BUIs 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.