Boating Under the Influence in Tennessee

by Bell Law Firm

Photo Courtesy of http://www.Boat-ed.com.

After what has been a seemingly never-ending stretch of snow, ice and slush, this past weekend brought temperatures in the 60’s for the first time since…well, forever. Soon, the water will begin to rise in all of the lakes across east Tennessee from Tellico to Norris to Loudon and we will all trade our parkas and scarves for sunglasses and swim trunks. But nothing will ruin a great day on the lake faster than being cited, or even arrested, for violating one of Tennessee’s laws related to boating. If you find yourself in need of specific legal advice related to one of Tennessee’s boating laws, it’s best to stop reading now, and call our office at 865-637-2900. However, below are a few general tips to keep in mind when you hit the water this summer:

  • To operate a vessel on the waterways of Tennessee, the operator must be at least twelve years old unless the operator is under “direct supervision” of an adult.[1]
  • In order to tow a skier, wake-boarder, inter-tuber, or surfer, there must be at least one person over the age of twelve to keep a lookout on the person being towed to alert the operator when they fall.
  • The only exception to the above rule is when the boat is equipped with a wide angled rear-view mirror (not less than 170 degrees). So as long as your boat is equipped with such a mirror, a boater is free to tow a skier or boarder alone so long as it’s not between dusk and dawn.

More serious than either of the above violations is the offense of Boating Under the Influence. In Tennessee, Boating Under the Influence shares many characteristics of the offense of Driving Under the Influence, however there are some important differences as well.

First, like Driving Under the Influence, there is an implied consent provision to the Tennessee Boating Under the Influence law. This means that any person that operates a vessel subject to registration in Tennessee on the public waterways of Tennessee implicitly consents to submit to one or more tests for the purpose of determining the alcoholic or drug content of the person’s blood. The tests can range from providing a blood sample to being asked to blow into a breathalyzer. If the person refuses, the Court will suspend the person’s boating privileges for six months.[2]

Second, like with driving on Tennessee’s highways, a person may not operate a boat or vessel on the waterways of Tennessee with a blood alcohol content of .08 or higher.

Finally, if a boater is required to give a blood or urine sample to determine if their blood-alcohol content is above .08, the boater has a right to an independent analysis of that same sample by any medical laboratory of the person’s choosing and at the person’s own expense.

The penalties for Boating Under the Influence can be severe. Violation of these laws is a Class A Misdemeanor, and if convicted the violator can be required to pay fines of up to $2,500, are subject to having their boating privileges suspended for a year, and could face up to eleven months and twenty nine days in jail.

There is one final, important, caveat to remember as it relates to Boating Under the Influence laws. In Tennessee, the statute does not apply to boats that are moored or anchored. So long as you are not “operating” your watercraft, and it is securely moored or anchored in place, you will not be in danger of being convicted of BUI. Just make sure that when you do decide to leave, there’s a sober boater to operate the vessel back to the dock.

If you find yourself arrested or cited for BUI or another boating related offense, it is best to contact an experienced lawyer for advice specific to your case. The attorneys at the Law Office of James A.H. Bell have decades of experience defending boating-related offenses and are available to provide counsel any time at 865-637-2900. James A.H. Bell is the founder of Law Offices of James A.H. Bell P.C  in Knoxville, TN. Mr. Bell has over 40 years of experience in both criminal and civil litigation and may be contacted by calling 865-637-2900 or by email at jbell@jamesahbell.com. The Bell Law Firm: Client Focused, Court Room Proven.

[1] Under Tennessee Code Annotated 69-9-216, “direct supervision” means being “in such proximity to the operator so as to be able to take immediate control of the vessel”. So it’s fine to let your ten year old cruise to your favorite fishing spot, just make sure to stay close.

[2] It is important to note however, that the mere act of refusing a blood test on the road is, in and of itself, a separate offense. So if you were to be stopped on the highway and refuse to give a blood sample after being read Tennessee’s Implied Consent Law, you will likely be charged with both a DUI and a Violation of the Implied Consent Law. If you refuse to provide a sample on the water, there is only one charge: Boating Under the Influence (BUI), but your boating privileges will still be suspended for six months.