Tennessee Criminal Lawyer Blog

With the blistering summer heat in full swing, Tennesseans flock to the state’s lakes and rivers in search of fun and relaxation and cooling down by any means possible. For many of us, a great day on the water involves skiing, tubing, or other activities that involve the use of a boat. While boating can facilitate many enjoyable activities, it can also become extremely dangerous if the boat is used for the purposes of illegal activities such as speeding or boating under the influence.

Many Tennesseans have no idea that the offense of boating under the influence even exists in the Tennessee Code. Like the DUI statutes, the BUI statutes are classified under a different heading than most criminal offenses, being filed under Title 69 which governs waters, waterways, drains, and levees. In fact, this is not the only similarity the DUI and BUI statutes share. For example, the statutes criminalize the same type of conduct, with the primary difference between the two being where the offense takes place. The BUI statute also contains the same list of prohibited substances: “[…] any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.” Further, the BUI statutory framework also encompasses the concept of implied consent just like the DUI statute. This simply means that by operating a boat on the public waters of the State of Tennessee, a person consents to one or more tests to determine the alcoholic or drug content of the person’s blood. Finally, the BUI statute also includes the caveat contained in the DUI statute that it is no defense that a person is a lawful user of the substance under the influence of which he or she operates a boat.

There are many similarities between the BUI and DUI statutes, but there are also many differences. One difference is the penalties imposed for BUI offenses, which will be discussed in our next blog on this site. Persons who find themselves charged with a BUI offense should contact an experienced criminal defense attorney for advice and assistance in handling the case.