Nashville Boating Under the Influence Attorney
Charged with BUI in Tennessee?
Tennesseans love the water. It is important for residents and visitors to know that it is illegal for any person to operate any vessel subject to registration while on the public waters of the state and while under the influence of any intoxicant or with a blood alcohol content of .08% or greater.
Going to the lake is a time to relax and unwind with friends. It is also the time of year when Tennessee Wildlife Resources Agency officers are on the lookout for boaters who are under the influence. Around Nashville, there are several lakes and public waters, including Old Hickory Lake, Percy Priest Lake, Cheatham Dam, and the Cumberland River. Officers will be actively looking for intoxicated boaters and will make an arrest if they believe you are under the influence of alcohol or drugs. Vessels will include every type of watercraft used or being capable of being used as a means of transportation on the water. They are not required to be motorized. Yes, you can get a boating under the influence charge (BUI) in a rowboat or canoe.
Arrested for boating under the influence in TN? Talk to a Nashville BUI attorney who can protect your rights. Call May McKinney at (615) 265-6383 today.
Tennessee BUI Laws
The laws for BUI are similar to those for DUI, including an implied consent for tests to determine the alcohol or drug content of the person's blood, and a presumed violation at a blood alcohol content of .08% or greater. A violation of the BUI implied consent law results in a mandatory six-month suspension of operating privileges; however, it is not considered a criminal offense. The BUI law also does not apply when the vessel is moored or anchored.
The United States Coast Guard reports that the sun, wind, motion, engine noise, and vibration cause fatigue that accelerates the effect of alcohol, drugs, and even prescription medications, decreasing coordination, judgment and reaction time even faster than if the person were on land. Lack of experience on the part of most recreational boaters also increases the risk of alcohol-related accidents. Most recreational boaters have operating experience equal to that of teenage drivers on state highways. The Coast Guard estimates that over one-third of all boating fatalities involved the use of alcohol. Any boating accident involving serious injury or death requires police to obtain blood samples from all operators and submit the results to the local District Attorney.
Tennessee BUI Penalties
The penalties for BUI in Tennessee will vary depending on whether this is the defendant’s first, second, or subsequent offense. Such penalties include:
- A first-offense BUI is a Class A misdemeanor, subject to a fine of $250 to $2,500, imprisonment up to 11 months and 29 days, suspension of the privilege to operate a vessel for up to 1 year, mandatory participation in an alcohol safety BUI school, community service, and payment of restitution for physical injuries or personal losses.
- Second offenses are subject to a fine of $500 to $2,500, imprisonment up to 11 months and 29 days, mandatory suspension of the privilege to operate a vessel for 2 years, community service, and mandatory rehabilitation in an alcohol treatment facility.
- Third offenses are subject to a fine of $1,000 to $5,000, at least 30 days of confinement, mandatory suspension of the privilege to operate a vessel for a minimum of 3 to 10 years, community service, and mandatory rehabilitation in an alcohol treatment facility.
All first and second offenses are eligible for immediate probation, as well as pretrial diversion programs. Third and subsequent BUI offenders must serve the mandatory minimum 30-day confinement before they are eligible for any probation.
Representing Boaters in Nashville, Franklin, Mount Juliet, Brentwood & Beyond
This summer, enjoy your day at the lake, but remember that boating under the influence is just as serious as driving under the influence and the consequences can be just as dangerous. If you find yourself arrested or otherwise engaged with game wardens or law enforcement regarding a boating accident or alleged incident of boating under the influence, involve an attorney as soon as you can.
May McKinney represents boaters in Nashville and across Tennessee, fighting for their interests inside and outside the courtroom. We know how to deal with BUI charges and use nearly 80 years of collective legal experience to deliver more effective criminal defense counsel.
Call (615) 265-6383 or contact us online for your confidential BUI defense strategy session with our Nashville boating under the influence lawyers.
Our Clients Say It Best
Read Our Client Testimonials
At May & McKinney, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
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"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!- Very Satisfied Client
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"No Nonsense, Willful & Determined"My reputation is restored thanks to Ms. Riddle and May McKinney.- Mark
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"Stop searching for an attorney. Stop worrying about your legal woes. Stop wondering if your attorney actually cares and start letting Rob McKinney handle your case."In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.- D.T.
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"Incredibly helpful"This was my first experience ever being accused of a crime and I was very nervous and scared. Rob and his staff were incredibly helpful, answering all of my questions and putting my mind at ease throughout the process. In the end, we were able to get everything dismissed successfully. Although in the grand scheme, my case was a relatively minor one, Rob always was there to help and it was clear that his knowledge and experience would be hard to find anywhere else. I would absolutely recommend Rob and his team to anyone looking for a defense attorney.- SA
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"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.
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"Forever Grateful"My family will always be grateful to you.- Satisfied Client
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"Best defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
