It is common to wonder why having some drinks with friends out on a boat is as serious as driving a car while impaired. However, evidence shows that boating under the influence (BUI) can be even more dangerous than driving under the influence, and Tennessee law addresses that danger accordingly. If you are facing a BUI charge, do not hesitate to seek the help of an experienced BUI attorney in your area. Depending on the details of your case, a BUI conviction can result in steep punishment. For this reason, make sure you get all the help you need to prepare a proper defense. 

Degree of Impairment While BUI

The Coast Guard’s primary evidence for why BUI can be more dangerous than DUI is that, drink for drink, a boat operator is likely to become more intoxicated than a driver. This observation is supported by the statistic that about one-third of all recreational boating fatalities result from BUI. Because boating fatalities do not necessarily result from crashes, federal law prohibits anyone from operating any type of boat while intoxicated, whether it be a canoe or a large ship.

The weather is starting to improve, and people will soon be able to participate in their favorite outdoor activities. Tennessee is rich with bodies of water for everyone to enjoy, whether it is just for an afternoon swim or a day of boating. However, just like on the roads, Tennessee’s waters are protected from those who use controlled substances before operating a watercraft. Boating under the influence (BUI) of drugs or alcohol greatly impairs a driver’s ability to safely maneuver the vessel. BUI is a crime, since boaters who choose to do this run the risk of hurting themselves or others. This is why anyone caught operating a boat while intoxicated can be charged with a misdemeanor offense, which carries significant criminal penalties if convicted.

What Is Tennessee’s BUI Law?

The state of Tennessee forbids those who operate any water vessel to do so while impaired. This includes using any of the following:

Tennessee is a great place to enjoy outdoor activities. With the summer season approaching, many people take advantage of the warm weather as a time to relax on the water. Those who own a boat should be mindful, however, that there is a limit to how much one should be drinking while operating a boat. According to the Tennessee Boating Incident Statistical Report, there were 113 reported boating incidents in 2018. Of that total, 15 were caused by reckless boating, and six were reported as specifically being caused by alcohol impairment. Like driving, the legal blood alcohol content limit is 0.08 percent, and anyone who operates a boat over that limit can be charged with a boating under the influence violation.

How Is Boating Regulated in Tennessee?

In Tennessee, safe boating is enforced by the Tennessee Wildlife Resources Agency (TWRA). Officers with the TWRA are charged with assisting any vessel with trouble and making sure all boaters are operating their vehicles appropriately. At any time, a TWRA officer has the right to board a boat he or she believes to be operating improperly. If the officer believes the driver of the boat is under the influence of alcohol, he or she can conduct a field sobriety test, just as if the driver was in a car.

Here in Tennessee, we are fortunate enough to live in a state with a wide variety of year-round outdoor recreation opportunities. For many Tennesseans, recreational boating is the top choice. Unfortunately, recreational boating accidents are much more common than we would like to think. According to the United States Coast Guard, there were 4,291 recreational boating accidents in the U.S. in 2017. More than 2,000 Americans suffered serious injuries in these accidents, and 658 people were fatally injured. 

Alcohol is a factor in many recreational boating accidents, so penalties for getting caught driving a boat while under the influence are severe. If you have been arrested for boating under the influence of alcohol (BUI), it is important to seek legal representation immediately so your rights and future are protected.