Tennessee BUI Arrests Increase as Spring Brings Warmer Weather

 Posted on April 04, 2025 in DUI/DWI/BUI

Last year, during the Memorial Day weekend holiday, six people in East Tennessee were arrested for boating under the influence (BUI), with one boating fatality occurring. Additionally, in Middle Tennessee, five injury accidents occurred on waterways, with five BUI arrests, and two BUI arrests were made in the West Tennessee area.

Tennessee residents enjoy water sports when the weather begins to warm, making boating a popular recreational activity. Unfortunately, some of those who are out enjoying a sunny day may find themselves charged with BUI for operating a boat or watercraft with a BAC of 0.08 percent or higher – the same as for a DUI.

Since the BAC is the same as for driving under the influence, you may wonder whether the penalties are also the same. If you have been charged with BUI in Tennessee, take the charges very seriously and speak to an experienced Farragut, TN BUI attorney as quickly as possible.

What Are the Tennessee BUI Boating Laws?

Most of the rules regarding drinking and driving also pertain to drinking and operating a boat. It is illegal to operate a motorized watercraft – and in some instances, a non-motorized watercraft -  in Tennessee with a BAC of 0.08 or above. Implied consent is also the same in a BUI as a DUI – when you obtain a driver’s license or a boating license, you implicitly agree to blood alcohol testing. During holidays like Memorial Day, the Fourth of July, and Labor Day, officers from the Tennessee Wildlife Resources Agency increase their enforcement efforts.

What Are the Penalties Associated with a Tennessee BUI?

The penalties for a BUI in Tennessee are much the same as those for a DUI. One of the most asked questions is whether an individual’s driver’s license can be suspended for a BUI. While the person’s boating license can be suspended, his or her driver’s license will not be. A first-offense BUI can result in the following penalties:

• A boating license suspension for up to one year
• A prison sentence of up to 11 months and 20 days
•  Fees and fines between $250 and $2,500

For a second offense, BUI increases the minimum fees and fines to $500 and the boating license suspension to two years. For a third or subsequent BUI conviction, the fees and fines are from $1,000 to $5,000, and there is a minimum jail sentence of 30 days, with the maximum remaining the same, at 11 months and 29 days. The person’s boating license could be suspended for a minimum of three years with a ten-year maximum.  

Are the Field Sobriety Tests the Same for BUI as for DUI?

The three traditional field sobriety tests used for suspicion of DUI are not commonly used for BUI because the tests are often performed on the boat. The one-leg stand and the walk-and-turn test are not feasible on a shifting boat or even on land before a person adjusts his or her balance to land from water.

TWRA officers may require other types of field sobriety tests, such as counting backward, the finger-to-nose test, or reciting the alphabet backward. The horizontal gaze nystagmus test may still be used to determine whether a person can follow an object with his or her eyes.

What if the Boat is Anchored?

Unlike a DUI, which can be given to a driver even when the car is pulled over and turned off, a BUI cannot be given to the operator when the boat is moored or the anchor is dropped. Rowboats and paddle-powered boats are exempt from Tennessee BUI laws. The regulations only apply to vessels that are required to be licensed, including all mechanically powered boats, sailboats, jet skis, and boats equipped with trolling motors.

Contact a Knox County, TN BUI Lawyer

If you have been charged with BUI, you should take these charges as seriously as you would a DUI, as they can have long-term repercussions. Consulting with a skilled Knoxville, TN BUI attorney from The Baker Law Firm can significantly impact the outcome of your charges. Our firm is here to support you during this challenging time. To schedule your free consultation, call 865-200-4117.