Boating under the influence, or BUI, is just as serious as driving under the influence, or DUI. In Tennessee, if you take control of a boat or any water vessel under the influence of drugs or alcohol, you can be charged with an offense. Being responsible while on the water can keep you on the right side of the law.
Navigate Responsibly: Boating Under the Influence Explained
The term "boating under the influence" means that the operator of the marine vehicle is under the influence by Tennessee law. These BUI laws are made to keep accidents on the water at a minimum and to increase safety. BUI consequences may include monetary fines, suspension of boating privileges, and even jail time.
Knowing the Limit: Tennessee's BUI Blood Alcohol Concentration (BAC) Limit
The legal limit for blood alcohol concentration, known as BAC, for operating a marine vessel in Tennessee is 0.08%. Anything over this amount is termed "over the limit" and may be subject to monetary fines, suspension of boating privileges, and jail time stated above. Also, BUIs apply to prescription medication and drugs that may impair judgment to operate safely.
BUI vs. DUI: Key Differences on Land and Water
While DUI and BUI laws have many similarities, with the main goals of preventing accidents and injuries and helping public safety concerns, there are many differences between the two as well. In Tennessee, there are differences in the scope, implied consent, enforcement, and safety.
Scope of Application
DUI law applies to only motor vehicles on the roads, while BUI law applies to motorized boats, non-motorized watercraft, sailboats, canoes, and even kayaks.
Implied Consent Law
DUI law states that drivers are deemed to have given consent for the BAC testing when under suspicion of driving under the influence. Refusal to take testing can result in penalties or suspension of licensure. However, BUI laws do not have implied consent. Boaters are not deemed to have given consent for testing if they are under suspicion of boating under the influence. Refusal to comply can still result in legal consequences.
Enforcement and Safety
Enforcing both driving under the influence and boating under the influence laws differ because of the environment where the action occurs, as highways and roadways vastly differ from bodies of water. With DUI cases, there can be sober checkpoints or the ability to do traffic stops to help find and catch drivers who are under the influence. With BUI cases, Tennessee Wildlife Resources Agency (TWRA) may patrol the waterways to help with compliance. The TWRA officials are often trained to see the signs of boaters under the influence and may conduct sobriety testing more specific to boating than driving. These altered testing types make for more accurate results.
Facing a BUI Charge? Richards & Colburn Can Help
Facing a Boating Under the Influence charge is a serious matter that can impact your life in many ways including your freedom and finances. The consequences of a BUI conviction can be severe, but you don't have to face it alone. For expert legal guidance and representation, contact Richards & Colburn. Our law firm has extensive experience in handling BUI cases and is dedicated to defending your rights and achieving the best possible outcome for your situation.
Reach out to Richards & Colburn today to schedule a consultation and take the first step towards protecting your future.
Image Credits: bbernard // Shutterstock
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