By Rob McKinney Attorney at Law The 8 Hidden Secrets of Boating Under the Influence in Tennessee

T.C.A If you are operating a vessel that is subject to registration you can be charged with boating under the influence Vessel- every type of watercraft on the water used or capable of being used as means of transportation on water i.e. Can be charged with BUI in a sailboat, not a kayak

T.C.A Consider a plea bargain to Reckless Boating Reckless Boating is a Class C misdemeanor

T.C.A Wildlife officers have the right to board your boat. T.C.A (a) Authorizes Tennessee Wildlife Officers the authority to stop and board any vessel T.C.A (d) Does not authorize officers to board the boat except to inspect the vessel for safety

T.C.A BUI is eligible for judicial diversion under T.C.A However, T.C.A (c) (4) pretrial diversion is not eligible

Implied Consent in Boating Cases A refusal of the implied consent pursuant to T.C.A (f) (2) provides a six month suspension of boating privileges

PENALTIES BUI- 1 st Offense: no mandatory jail time, up to 11months/29days in jail, loss of boating priveleges for 1 year BUI-2 nd : no mandatory jail time BUI-3 rd : mandatory 30 day minimum jail sentence

Blood Alcohol Content in BUI.08 is a per se Boating Under the Influence <.05 BAC creates no presumption of intoxication However, the statute does not address blood alcohol content between those 2 parameters

Happy Drinking ROB MCKINNEY ATTORNEY AT LAW 214 SECOND AVENUE NORTH, SUITE 103 NASHVILLE, TN (615) Phone (615) Fax