As new laws have been passed by the Tennessee State Legislature, the penalties for Boating Under the Influence have significantly changed. A charge of Boating Under the Influence (BUI) is now aligned to the penalties of for a charge of Driving Under the Influence in a significant way. The penalties and sanctions for both crimes are complex and therefore this comprehensive overview of the BUI penalties can be your guide.
It is unlawful for any person to operate any vessel subject to registration or any commercial vessel while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the nervous system.
For any violation of BUI, the Judge is required to suspend the offender’s privilege to operate any vessel subject to registration or any commercial vessel for 12 months.
A 1st violation of BUI carries a minimum sentence of 48 hours in the county jail or workhouse up to a maximum sentence of 11 months and 29 days. However, any person who commits BUI with a blood alcohol level of 0.20% or high, the minimum sentence is increased to 7 consecutive days rather than the standard 48 hours. The penalty also includes a minimum fine of $350 up to a maximum fine of $1,500.
A 2nd violation of BUI carries a minimum sentence of 45 consecutive days in the county jail or workhouse up to a maximum sentence of 11 months and 29 days. The Judge may order them to participate in a substance abuse treatment program, including aftercare treatment recommended by a licensed professional certified by the Department of Mental Health and Substance Abuse or a certified Drug Court program. The court can order such treatment after service of a minimum of 17 consecutive days in jail. A minimum fine of $600 up to a maximum fine of $3,500.
A 3rd violation of BUI carries a minimum sentence of 120 consecutive days in the county jail or workhouse up to a maximum sentence of 11 months and 29 days. The Judge may order them to participate in a substance abuse treatment program, including aftercare treatment recommended by a licensed professional certified by the Department of Mental Health and Substance Abuse or a certified Drug Court program. The court can order such treatment after service of a minimum of 65 consecutive days in jail. A minimum fine of $1,100 up to a maximum fine of $10,000.
A 4th violation of BUI becomes a class E felony and carries a minimum sentence of 150 consecutive days in the county jail or workhouse up to a maximum sentence of 6 years dependent on the existence of any prior felony conviction(s). A minimum fine of $3,000 up to a maximum fine of $15,000.
A 5th violation of BUI, including any conviction for Vehicular Assault, Aggravated Vehicular Assault, Vehicular Homicide, or Aggravated Vehicular Homicide becomes a class D felony and carries a minimum sentence of 150 consecutive days in the county jail or workhouse up to a maximum sentence of 12 years dependent on the existence of any prior felony conviction(s). A minimum fine of $3,000 up to a maximum fine of $15,000.
A 6th violation of BUI, including any conviction for Vehicular Assault, Aggravated Vehicular Assault, Vehicular Homicide, or Aggravated Vehicular Homicide becomes a class C felony and carries a minimum sentence of 150 consecutive days in the county jail or workhouse up to a maximum sentence of 15 years dependent on the existence of any prior felony conviction(s). A minimum fine of $3,000 up to a maximum fine of $15,000.
Further, any person who is convicted of BUI and at the time of the offense was accompanied by a child under the age of 18 years of age, the penalty for each numbered violation shall be enhanced by an additional mandatory minimum jail sentence of 30 days in the count jail or workhouse. An additional fine of $1,000 will be required in addition to the fine for the numbered violation.
If a person is accompanied by a child under the age of 18 years of age and the child suffers serious bodily injury as the proximate result of committing a violation of BUI, the person shall be charged with vehicular assault, the class D felony, and punished as provided by law for a vehicular assault as if it occurred while driving a motor vehicle. If a person is accompanied by a child under the age of 18 years of age and the child is killed as the proximate result of committing a violation of BUI, the person shall be charged with vehicular homicide, the class B felony, and punished as provided by law for a vehicular homicide as if it occurred while driving a motor vehicle. In both instances, an additional fine of $1,000 will be required in addition to the standard fine for the offense.
The minimum jail sentence ordered must be commenced within 30 days of conviction or by use of an alternative facility at the discretion of the sheriff or chief administrative officer of the facility. Regardless of numbered offense, the time between the minimum sentence which must be served in custody and the maximum sentence given by the Court will be eligible for probation excluding the vehicular homicide enhancement. However, for a conviction of BUI 1st or 2nd, the offender shall be placed on probation after service of the jail time ordered.
Any person convicted of BUI may be subject to monitoring using 1 or more of the following:
- Transdermal alcohol or drug monitoring device
- Electronic monitoring with random alcohol or drug testing;
- GPS monitoring
- Any other monitoring device the court believes necessary
If ordered by the Court, the monitoring agency is required to conduct periodic reporting by the offender for verification of the proper operation of the monitoring device, require the individual to have the monitoring device inspected and approved for accuracy at least every 30 days, and immediately notify the court of any violation which is considered a violation of probation.
An additional condition of probation can include, at the judge’s discretion, an alcohol safety boating under the influence program
The manner in which an individual is determined to be a multiple offender relies on the timing of the offenses. Any person whose conviction for BUI is more than 10 years prior is not considered a multiple offender. Any person can be considered a multiple offender upon a prior conviction for DUI, vehicular assault, aggravated vehicular assault, vehicular homicide, or aggravated vehicular homicide if the person was convicted of the offense within 10 years of the date of the present violation.
The same as DUI, a conviction for BUI is not eligible for pretrial or judicial diversion.
Further, the process in which an officer can cause to be administered a chemical test designed to determine the alcoholic or drug content of an individual’s blood for a DUI is identical to the process for a BUI.
Under Tennessee law, any person who operates any vessel subject to registration or any commercial vessel on the public waters of the state shall be determined to have consented to one (1) or more tests for the purpose of determining the alcoholic or drug content of the person’s blood; provided, that any such test is administered at the direction of an officer having reasonable grounds to believe the person has been operating any vessel subject to registration or any commercial vessel while under the influence of an intoxicant or drug.
The officer who requests the blood sample must, prior to conducting the test, advise the person that refusal to submit to the test will result in suspension of the person’s privilege to operate any vessel subject to registration or commercial vessel. The Court does not have the authority to suspend the privilege if the person was not advised of the consequences of the refusal.
If the Court finds that the person was placed under arrest, requested by law enforcement to submit to the blood test, and refuses the test after being properly advised of the consequences, the person shall be charged with a violation of the law. This violation is not criminal offense, but the Court shall suspend the boating privilege of that person for a period of 12 months.
Of course, refusal to submit to the blood test does not prohibit the law enforcement officer from requesting and obtaining a search warrant to cause the test to be administered by Court Order.
Our entire team of multiple lawyers, paralegals, legal assistants, and investigators are ready with the experience and availability to assist you through this complicated process should you find yourself in need. A professional and experienced lawyer could mean all the difference in how your case is resolved. Contact us for a free and confidential consultation and evaluation of how best to aid you.
Facing a Boating Under the Influence (BUI) charge anywhere in Tennessee?
Penalties can be severe, and the outcome often depends on what happened during the stop, the investigation, and any testing or refusal issues. Lannom & Williams can review the facts, explain your options, and help protect your boating privileges and your future. Contact us for a free and confidential consultation or call (615) 444-2900.