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BUI Charges 2023-11-08T00:03:02+07:00

DUI Attorney Lebanon & Mt Juliet TN

Experienced Lebanon and Mt. Juliet Tennessee Lawyers

bui boating under influenceIn Tennessee, Boating Under the Influence (BUI) is a criminal charge relating to operating a vessel while under the influence of any intoxicant, narcotic, or drug producing stimulating effects in the central nervous system. The term “vessel” encompasses any type of watercraft used or capable of being used as transportation on water.

Tennessee BUI Penalties

A BUI is the water equivalent of a DUI. In Tennessee, a BUI makes it unlawful for a person to operate a vessel while: (a) impaired by drugs, alcohol, or a combination; or (b) having a blood alcohol concentration of .08% or higher. Similar to its DUI counterpart, a BUI carries the following penalties:

First offense: A first conviction for Boating Under the Influence is a Class A Misdemeanor. If convicted, a person faces a minimum jail sentence of 48 hours and a maximum sentence of 364 days, plus a fine of up to $1,500.00 and a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Second offense: A second conviction of Boating Under the Influence is also a Class A Misdemeanor. To be convicted of a second offense, the new offense date must be within 10 years of a previous DUI or BUI offense date. Meaning, a prior DUI conviction within the last 10 years could enhance a new BUI offense. A conviction of a BUI 2 nd Offense carries a minimum jail sentence of 45 days, and a maximum sentence of 364 days. The maximum fine increases to $3,500.00 and there is a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Third offense: A third conviction of Boating Under the Influence is a Class A misdemeanor. The minimum sentence for this offense is 120 days in jail, with a potential maximum of 364 days in jail. The maximum fine increases to $10,000.00 and there is a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Fourth offense: A fourth conviction of Boating Under the Influence is a Class E Felony. The minimum sentence for a conviction of this offense is 150 days in jail, with a potential maximum of 2 years in jail. The maximum fine increases to $15,000.00 and there is a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Fifth offense: A fifth conviction of Boating Under the Influence is a Class D Felony. The minimum sentence for a conviction of this offense is 150 days in jail, with a potential maximum of 4 years in jail. The maximum fine is $15,000.00 and there is a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Sixth offense and above: A sixth or above conviction of Boating Under the Influence is a Class C Felony. The minimum sentence for a conviction of this offense is 150 days in jail, with a potential maximum of 6 years in jail. The maximum fine is $15,000.00 and there is a maximum 1-year suspension of a person’s privilege to operate a boating vessel.

Tennessee BUI Enhancements

  • If a person is convicted of Boating Under the Influence and the person was accompanied by a child under 18, the person’s mandatory minimum jail sentence shall be enhanced by 30 days in addition to the minimum sentence required, and an additional fine of $1,000.00.
  • Driving Under the Influence and Boating Under the Influence now also both equally enhance future Driving Under the Influence charges and Boating Under the Influence charges. For example, if a person has a DUI conviction from 2015, and gets arrested for Boating Under the Influence in 2023, the person can be charged with a BUI 2 nd offense based on the prior DUI conviction, and vice versa,
  • Upon conviction for BUI, a Judge may impose a person to wear a transdermal monitoring device, electronic monitoring with random alcohol or drug testing, a global positioning monitoring system, or any other monitoring device the Court believes necessary to ensure the person complies with the conditions of probation.
    Like DUIs, BUIs are permanent and are not eligible for expunction or for judicial diversion.

Tennessee BUI Criminal Attorney

Citizens accused of Boating Under the Influence have the same rights as those accused of any other crime. You are protected by the Constitution and our office will diligently and fiercely seek to provide you with the greatest protection that it provides. Call our office at (615) 444-3995 if you are charged with a BUI Offense and need the very best in criminal defense. We have represented citizens accused of BUI on Old Hickory and Percy Priest Lakes, Cordell Hull and Center Hill, and the Cumberland River.

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