Is Boating Under the Influence Illegal in Tennessee?

Many people are surprised to learn that boats and other watercraft are subject to many of the same laws that motor vehicles are, especially when it comes to intoxicated operation. If you’re wondering whether boating under the influence is illegal and what the penalties are, continue reading and contact an experienced Clarksville DUI lawyer today.

Is Boating Under the Influence Illegal in TN?

Yes, boating under the influence (BUI) is illegal in Tennessee. Tennessee Code § 69-9-217 states, “It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the waters of Tennessee, as defined in § 69-9-204, while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.”

In Tennessee, you can be charged with a BUI based on a per se violation or an impairment violation. A per se violation relates to alcohol. An individual can be charged if they are caught operating a vessel with a BAC (blood alcohol concentration) of 0.08% or higher. Actual proof of impairment is not required. You can be charged simply for having a BAC over the legal limit.

An impairment violation relates to alcohol, controlled substances, prescription drugs, or any type of intoxicant. You can be charged if there is evidence that your ability to safely operate a vessel has been impaired by drugs or alcohol, regardless of your BAC.

What Are the Penalties for Boating Under the Influence?

The penalties for a BUI conviction in Tennessee depend on the specific circumstances of the situation, most notably whether it is the individual’s first or a subsequent offense. Consider the following.

First offense:

• Class A misdemeanor
• Mandatory jail sentence of 48 hours up to 11 months and 29 days
• Fines of $250 to $2,500
• Suspension of boating privileges for one year
• Mandatory completion of an alcohol safety course

It’s worth noting that the mandatory minimum jail sentence may increase if the offender’s BAC was significantly elevated.

Second offense within 10 years:

• Class A misdemeanor
  Mandatory jail sentence of 45 days
• Fines of up to $5,000
• Suspension of boating privileges for 2 years

Third offense:

• Class A misdemeanor
• Mandatory jail sentence of 120 days
• Fines of up to $10,000
• Suspension of boating privileges for 6 years

Fourth or subsequent offense:

• Class E felony
• Mandatory prison sentence of 150 days to 6 years
• Fines of up to $15,000
• Suspension of boating privileges for 8 years

As you can see, the consequences of a BUI conviction can be harsh and increase in severity after each subsequent offense. Because of the potential repercussions, it is crucial that you are adequately represented and prepared for your case. Reach out to an experienced attorney for more information and legal advice today.