New Boating Under the Influence Law

On July 1, 2021, a new Boating Under the Influence (BUI) law will take effect in the state of Tennessee. Prior to this new law, the penalties for being convicted of BUI were not that harsh. However, the state legislature and Governor wanted to increase the penalties of boating under the influence so that they are more in line with the penalties of driving under the influence (DUI). We all know that DUI cases in the Tri-Cities region is a big problem, with people driving under the influence of drugs and alcohol causing hundreds of car and truck accidents every year. But BUI cases are serious as well and can cause serious personal injuries just like DUI cases. Through this article, we want to make the public aware of the BUI law and penalties and point out the dangers of boating under the influence.

Boating Under the Influence is a Real Problem

With summer in full swing, many people from Tennessee are heading out on their boats to have some fun with family and friends. Even though boating can be a fun time, it is still potentially dangerous, especially if you mix driving a boat with alcohol. The Tennessee Wildlife Resource Agency recently reported that 2020 was a record year for boating fatalities on the lakes and waterways of Tennessee, where 32 people died during the boating season. The TWRA reported that approximately 30% of all boating accidents where someone died was caused by boating under the influence of drugs or alcohol. In 2020, there were 61 boating accidents where 82 people suffered serious personal injuries. Also, the TWRA wildlife officers made 62 boating under the influence arrests.

New Penalties for BUI Arrests

There are more penalties in the new BUI law that makes BUI similar in scope of penalties and fines with DUI cases. The legal alcohol limit for boating under the influence is a blood alcohol content (BAC) of .08. A first arrest and charge for BUI over the legal limit will normally be a Class A misdemeanor with the following possible penalties for subsequent arrests and convictions:

● First offense: Sentencing up to 11 months and 29 days in jail, a fine of between $250 to $2,500, and up to a one-year suspension of boating privileges.

● Second offense: Sentencing up to 11 months and 29 days in jail, $500 to $2,500 in fines, and a two-year suspension of boating privileges.

● Third offense: If the boat operator is convicted on a third or subsequent offense, they face a minimum of 30 days in jail with up to 11 months and 29 days of potential jail time, a fine of between $1,000 to $5,000, and a 3 to 5 year suspension of boating privileges.

Depending upon the case, a judge has the ability to also add extra penalties to the sentence such as community service. Also, if a person is convicted of a second offense of BUI, the person must enroll in and complete a substance abuse treatment program.

Safe Boating Tips

There are some simple things that boaters can do to make a trip out on the water as safe as possible and without serious injuries.

● Take a boating safety course

● Always wear life jackets

● Be cautious around waterway structures like dams

● Always have a sober boat operator

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.