Garza Law Firm: Boating Under the Influence

Navigating Tennessee Waters

What You Need to Know About Boating Under the Influence

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ennessee is a boater’s dream come true. Whether you’re cruising down the Tennessee River or soaking up the sun on Douglas Lake, our state’s waters are the perfect place to kick back and enjoy life. Before you raise that anchor, and your glass, there’s something you need to know:/ Tennessee’s Boating Under the Influence (BUI) laws are nothing to take lightly. While the lake might seem like the perfect place to unwind, the state has made it clear that safety comes first. That means staying sober behind the wheel, or helm, as it were.

The Law: It’s Not Just for Drivers

Here’s the deal. Tennessee’s BUI laws are pretty much the same as our DUI laws for driving. If your blood alcohol concentration (BAC) hits 0.08% or higher, you’re in trouble. It doesn’t matter if you’re steering a speedboat, sailing a yacht, or paddling a kayak the law applies to all types of watercraft. That’s right, even if you’re just floating along in a canoe, if you’re in control, you’re responsible. It’s not just alcohol you have to worry about; operating a boat under the influence of drugs, whether they’re illegal or prescribed, can also land you a BUI.

On the Water: They’re Watching

Think you’re in the clear once you’re out on the open water? Think again. Tennessee Wildlife Resources Agency (TWRA) officers and other law enforcement don’t just sit on the sidelines; they’re out there too. They have the authority to stop your boat and make sure you’re following the rules. If they suspect you’ve had one too many, they can ask you to take a field sobriety test. Let’s face it, walking in a straight line on solid ground is hard enough. Try doing it on a rocking boat!

If you flub those tests, they might take you ashore for more traditional ones like the one-leg stand or walk-and-turn. If they still think you’re under the influence, they’ll likely ask you to blow into a breathalyzer or take a blood test. Refuse to cooperate, and you could be looking at some serious consequences like losing your boating privileges.

What Happens if You’re Caught

So, what can you expect if you get convicted of a BUI? It’s not going to be a slap on the wrist, that’s for sure. For a first offense, you might be looking at:

1. Fines: From $250 to $2,500. That’s a lot of bait and tackle money.

2. Jail Time: You could spend anywhere from 48 hours to nearly a year behind bars.

3. Loss of Boating Privileges: Say goodbye to the water for up to a year.

4. Boater Education: You’ll have to complete a state-approved course. Who knew boating could have homework?

If you’re caught a second time, things get even more serious. Fines go up to $3,500, and you could be looking at a minimum of 45 days in jail and a two-year boating ban. Third offense? The fines can reach up to $5,000, with at least 120 days in jail and three years off the water. If you’re really pushing your luck with a fourth offense or more, you’re dealing with felony charges. Believe me, a felony on your record can make future job interviews way more awkward than explaining a bad sunburn.

How to Keep the Fun Going—Safely

Let’s be real. Boating is about having fun. Fun doesn’t have to mean reckless. TWRA programs and others can help you understand the dangers of BUI. The best advice? Always have a designated sober boat operator. Don’t underestimate how alcohol affects you differently on the water. The sun, wind, and wakes can turn that “just one beer” into a fast track to trouble.

Finding yourself on the wrong side of a BUI charge can be scary and overwhelming. The legal process can be confusing, and the stakes are high. Our team of experienced attorneys understands the intricacies of Tennessee’s BUI laws, and knows how to build a strong defense to protect your rights. We’re here to guide you through every step of the process from challenging the evidence against you, to negotiating the best possible outcome. Don’t face a BUI charge alone. Let Garza Law Firm help you get back to enjoying the open water.

So, enjoy your time on the water, just do it responsibly. After all, the goal is to make memories not court dates.

Garza Law Firm
865-540-8300
550 W. Main Street, Suite 340
Knoxville, TN 37902
garzalaw.com