Boating Under the Influence -- Your Rights and Consequences
The Tennessee Wildlife Resource Agency has cracked down on the offense and may be watching you on your next visit to the lake or river. Before heading out in the boat you should know your rights concerning this law and the consequences thereof.
Safety and Registration StopsWith relative leeway, TWRA often stops vessels for what they term as Safety and Registration stops. Tennessee Code Annotated Section 69-9-220 states that TWRA has the authority to stop and board any vessel subject to this chapter. This chapter encompasses every regulation provided by the United States Coast Guard as to the safety of your vessel. Basically, if your vessel is subject to registration and on public waters in Tennessee, TWRA may try to stop you for a safety and regulation check.
Warrantless ArrestUpon being stopped, the TWRA officer can then arrest you without a warrant if he believes that you are Boating Under the Influence. After being arrested, the officer will then ask you to submit to a chemical test for the purpose of determining the alcoholic or drug content of your blood. The legislature has deemed that when you navigate a vessel in accordance with the above three factors that you have automatically consented to give blood upon reasonable grounds that the officer believes you're to be impaired. You do have the right to refuse this invasive test, but you may be subject to losing your boating privilege for Six Months.
Penalties for a Tennessee BUIBoating Under the Influence is a Class A Misdemeanor- that is the misdemeanor with the highest penalties. The consequences for Boating Under the Influence are serious and should not be taken lightly. Below are the current consequences:
1st Offense- Fine $250 up to $2,500. Maximum jail sentence of eleven months and twenty-nine days in jail. In addition to the fine and jail time, the Court may order your boating privilege to be suspended for one year.
2nd Offense- Fine $500 up to $2,500. Maximum jail sentence of eleven months and twenty-nine days in jail. Under a 2nd Offense, the Court may suspend your boating privileges for two years.
3rd or Subsequent Offenses-Fine $1,000 up to$5,000 and in the discretion of the Court, jail time not to exceed eleven months and twenty-nine days. The Court is mandatorily required to enforce a jail sentence of 30 days to serve for these multiple offenses. Boating privileges may be suspended for three years up to ten years.