Boating Under the Influence (BUI) in Tennessee

Tennesseans love the water. It is important for Tennessee residents and visitors to know that it is illegal for any person to: 1) operate any vessel subject to registration, 2) while on the public waters of the state, and 3) while under the influence of any intoxicant or with a blood alcohol content of .08% or greater. Going to the lake is a time to relax and unwind with friends. It is also the time of year when Tennessee Wildlife Resource Officers are on the lookout for boaters that are under the influence. Around Nashville, there are several lakes and public waters, including Old Hickory Lake, Percy Priest Lake, Cheatham Dam, and the Cumberland River. Vessels include every type of watercraft used or being capable of being used as a means of transportation on the water, and are not required to be motorized. Yes, you can get a BUI in a rowboat or canoe.

The laws for BUI are similar to those of DUI, including an implied consent for tests to determine the alcohol or drug content of the person’s blood, and a presumed violation at blood alcohol content of .08% or greater. A violation of the BUI implied consent law results in a mandatory six month suspension of operating privileges, however it is not considered a criminal offense. The BUI law also does not apply when the vessel is moored or anchored.

The United States Coast Guard reports that the sun, wind, motion, engine noise, and vibration cause fatigue which accelerates the effect of alcohol, drugs and even prescription medications, decreasing coordination, judgment and reaction time even faster than if the person were on land. Lack of experience on the part of most recreational boaters also increases the risk of alcohol related accidents. Most recreational boaters have operating experience equal to that of teenage drivers on state highways. The Coast Guard estimates that over one third of all boating fatalities involved the use of alcohol. Any boating accident involving serious injury or death requires police to obtain blood samples from all operators and submit the results to the local District Attorney.

A first offense BUI is a class A misdemeanor, subject to a fine between $250 and $2500, imprisonment up to 11 months 29 days, suspension of the privilege to operate a vessel for up to one year, mandatory participation in an alcohol safety BUI school, community service, and payment of restitution for physical injuries or personal losses. Second offenses are subject to a fine between $500 and $2500, imprisonment up to 11 months 29 days, mandatory suspension of the privilege to operate a vessel for a two year period, community service, and mandatory rehabilitation in an alcohol treatment facility. All first and second offenses are eligible for immediate probation, as well as pretrial diversion programs.

Third offenses are subject to a fine between $1000 and $5000, requires at least thirty days confinement, mandatory suspension of the privilege to operate a vessel for a minimum of three years up to ten years, community service, and mandatory rehabilitation in an alcohol treatment facility. Third and subsequent offenders must serve the mandatory minimum thirty days confinement before they are eligible for any probation.

So this summer, enjoy your day at the lake, but remember that Boating Under the Influence is just as serious as DUI and the consequences can be far more dangerous. Contact us if you have any questions regarding Tennessee Boating Under the Influence charges.

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Rob McKinney
Attorney at Law
214 2nd Ave N., Suite 103
Nashville, TN 37201

Phone: 615-259-9009
Toll-Free: 1-877-364-6072
Fax: 615-242-5967

"There are precious times in our lives when we are blessed with people in our life who make a difference. Although at times we may not have the right words to express just how grateful we are, we truly are grateful. God has brought you into our life, and we are forever thankful for you and all that you have done. Even if at times we may not say so. The picture included is of our daughter. We believe that it is she who will benefit the most from what you have done for us. Because of you, her father will be returned to her soon. That is why I would like to say thank you. People may not take the time to acknowledge the great work that you do or have done, but we want you to know that we do."

Thank You So Very Much - Nathan

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Thank you so very much Rob,

My regret is that we met under such a circumstance, my second regret is that we did not seek you sooner. Joshua's father did something good, he introduced us to you. You have been so important to us, some good comes from every misfortune, we were able to know you, and appreciate your talent.

Maybe Josh will further his education, if so this money will help him.

We will never forget you,
Thank you Robin,
(names omitted to protect confidentiality)

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Dear Rob,

I wanted to take this time to sincerely thank you for your success in my court case on May 6th. I know this is a little delayed as I have been busy as we all are... Anyway, I want you to know how much I appreciate your attention to detail and your professionalism. I made it through the 48 hours and have put it past me. Thanks once more for your ability to get it reduced and if I ever need legal assistance in the future, you have proven yourself to me.

Sincerely,

A.W.

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Rob,

Thank you for always taking care of Charles, Jessica and Drew for me. Without your help I would not know what to do or who to turn to. You are more to us than just a lawyer. Your are a friend someone who is always there for us.

Thank you,

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Dear Rob,

I just wanted to say thank you for everything you have been doing for me. It's comforting to know I've got you on my side. You're the BEST!!

Thanks again,

PS I really can't thank you enough.

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Rob,

Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.

Sincerely,

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Dear Rob,

Sincerely,
A.W.

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Attorney Rob was the attorney I hired to defend me for a DUI arrest I experienced in 2007. It took place in a TN county that is notorious for refusing to plead down DUI's to lesser charges under any circumstances, and for insisting on nothing less than at least the minimum sentencing requirements for this offense. (Williamson) Upon the very first viewing of my "arrest tape" that we were finally allowed to see - along with the arresting officer, Rob was able to spot the officer giving me a bad command, starting me out on the wrong foot. Rob, himself, has been through field sobriety courses, has achieved certification, and knows the correct procedures the officers should follow. When he pointed this out to him, the officer was evidently rattled enough to realize that he had even more to lose than just the case if it went to trial. This one factor influenced heavily the outcome of my case. Rob was able to help me plead to a lesser charge of reckless driving, with no jail time, and 6 months of probation. I thoroughly believe that if Rob had not brought this to the attention of the officer during our viewing of the tape, we might have had to go through an even more protracted period of having to wait, and then go through a stressful trial. My case, otherwise, was one that most people, with untrained eyes, would view as "borderline." I did not deserve to be penalized to the degree that the county of Williamson was set on, and Rob McKinney made sure that it did not happen. I highly, unreservedly, recommend Rob McKinney to assist you in your DUI case. He is fierce and fearless when it comes to supporting his clients. July 23, 2008

Rob McKinney, Attorney at Law serves clients throughout Tennessee, including Nashville, Franklin, Springhill, Fairview, Brentwood, Murfreesboro, Hendersonville, Gallatin, La Vergne, Portland, Lebanon, Mount Juliet, Ashland City, Dickson, Centerville, Goodlettsville, Smyrna, Clarksville, Davidson County, Rutherford County, Williamson County, Cheatham County, Dickson County, Hickman County, and Sumner County.

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