Boating Under the Influence

Operating a boat can be just as risky as driving a car. The fact that there are different types of water and weather, as well as mechanical issues, makes things even more complicated.  Similarly, operating a vessel while impaired, like driving a car, is irresponsible, illegal, and potentially deadly. These risks are still very real on the water, where impaired judgment can lead to catastrophic accidents.

In Tennessee, boating under the influence (BUI) of alcohol or drugs is an extremely serious offense, which comes with serious consequences. Consequences that can cost you your freedom, finances, and ability to have fun on the water.

Understanding Tennessee boating laws and what they say about alcohol use is critical for safety reasons and for legal protection.

Can you drink on a boat in Tennessee?

Yes, but there are limitations to drinking on a boat. Passengers may lawfully consume alcohol on boats under Tennessee law; however, the operator may not be under the influence. Specifically, a boat operator can’t have a blood alcohol concentration (BAC) of 0.08% or higher, which is the same legal limit applied to drivers on roadways.

The restriction is as such because boat operators must remain sober enough to safely control the boat. At all times, operators have to maintain sharp judgment, quick reflexes, and precise coordination. Alcohol impairs all of these skills and more, which increases the likelihood of accidents, injuries, and fatalities on the water.

Unlike being behind the wheel of a car, boating introduces an additional hazard of unpredictable currents, which require an unimpaired operator in order to navigate the vessel safely.

What qualifies as boating under the influence?

BUI means the person operating the boat has a BAC that exceeds the legal limit due to alcohol, illegal drugs, or even prescription medications that alter their ability to navigate safely.

Tennessee applies its BUI laws to a variety of vessels beyond traditional waterboats, such as:

• Motorboats;
• Sailboats;
• Jet Skis (personal watercraft); and
• Any other powered vessel.

Operators under the influence are liable to misjudge distances, fail to respond to hazards, or neglect safety protocols. The Tennessee Wildlife Resources Agency (TWRA) and other law enforcement agencies that frequently patrol lakes, rivers, and other waterways are on the lookout for these behaviors. These agencies are authorized to stop vessels to perform safety checks and to look for signs of operator impairment.

How do police officers determine impairment?

Law enforcement can use several tools to assess whether someone is boating under the influence.

Field sobriety tests on the water

Field sobriety tests conducted on a boat are similar to those undertaken on a roadway; they’re just modified for water settings. Ultimately, the goal is to evaluate the operator’s balance, coordination, and cognitive abilities. Because the water may be choppy, officers consider the environmental factors at play while focusing on the operator’s ability to accurately perform the tasks. Initial tests of impairment can be supported by further investigation or testing.

Breath or blood tests

Swerving, speeding, a strong smell of alcohol, or a disheveled appearance are just a few of the signs that can give an officer probable cause. An officer may then request a chemical test, such as a breathalyzer or blood test, to measure the operator’s BAC. Refusal to take the test can result in penalties, including suspension of boating privileges (this administrative suspension process is handled by the court, and it generally lasts for 12 months).

Boating under the influence penalties in Tennessee

Being charged with BUI can result in serious consequences. If it’s not your first offense, you can expect harsher penalties under TN Code § 69-9-219 (2024).

First offense BUI

• Mandatory minimum of 48 hours, and up to almost 1 year in jail.
• Fines between $350 and $1,500;
• Mandatory boating safety education classes; and/or
• Possible suspension of boating privileges.

Second offense BUI

• At least 45 days in jail, up to nearly 1 year;
• Fines of between $600 and$3,500;
• More severe boating restrictions; and/or
• Probation or community service.

Third offense BUI or more

• At least 120 days to nearly one year of jail time;
• Fines of between $1,100 and $10,000; and/or
• Boating privileges suspended.

A BUI conviction may also have an impact on your criminal record. A tainted record can make it more difficult to secure certain jobs or obtain licenses.

Is a BUI treated like a DUI?

In Tennessee, a BUI is similar to a DUI in many ways, but a BUI typically affects boating privileges (not your driver’s license). It’s basically a DUI on a boat. Commonalities include both being Class A misdemeanors and carrying similar penalties, such as jail time, fines, and required safety courses. Obviously, there is a difference between the licenses at risk of suspension.

Defending against a BUI charge?

You can find some comfort in the fact that a BUI charge doesn’t automatically mean you’re guilty. Similar to DUI cases, BUI cases can involve:

• Disputed field sobriety test results
• Unreliable breathalyzer readings
• Questions of probable cause

A skilled attorney should meticulously evaluate the evidence and consider the legality of the stop, testing procedures, and the officer’s observations. If there’s insufficient evidence or it’s discovered that your rights were violated, your charges may be reduced or even dismissed.

Stay safe on the water and protect yourself

Tennessee boasts a lot of lakes and rivers that attract large numbers of people, who flock to them when the weather is nice. No matter how fun, the duties and responsibilities of boat operators remain. Knowing the boating regulations in Tennessee might help you understand the risks of boating while intoxicated. Violation of these laws can have lasting consequences, so it’s recommended not to boat under the influence.

Also, alcohol laws don’t cover all aspects of boating safety. To help minimize or avoid accidents on the water, wearing a life jacket, being mindful of weather conditions, and knowing how to operate a vessel are vital. In a marine environment, even the slightest mistake can escalate quickly.

Contact a Tennessee BUI defense attorney

Getting arrested for BUI can be scary and stressful, but the aftermath of the legal process doesn’t have to be. At the Law Offices of Adrian H. Altshuler & Associates, we’re experienced in the intricacies of Tennessee’s BUI laws. We can help you confidently navigate the legal system.

Reach out to us to schedule a consultation where we gather the initial facts and discuss the options available to you.