2. By Rob McKinney Attorney at Law www.mckinneylawfirm.com www.nashvillecriminallawreport.com The 8 Hidden Secrets of Boating Under the Influence in Tennessee

3. T.C.A. 69-9-217 If you are operating a vessel that is subject to registration you can be charged with boating under the influence Vessel- every type of watercraft on the water used or capable of being used as means of transportation on water i.e. Can be charged with BUI in a sailboat, not a kayak

4. T.C.A. 69-9-216 Consider a plea bargain to Reckless Boating Reckless Boating is a Class C misdemeanor

5. T.C.A. 69-9-220 Wildlife officers have the right to board your boat. T.C.A 69-9-220 (a) Authorizes Tennessee Wildlife Officers the authority to stop and board any vessel T.C.A. 69-9-220 (d) Does not authorize officers to board the boat except to inspect the vessel for safety

6. T.C.A. 69-9-217 BUI is eligible for judicial diversion under T.C.A. 40-35-313 However, T.C.A. 69-9-219 (c) (4) pretrial diversion is not eligible

7. Implied Consent in Boating Cases A refusal of the implied consent pursuant to T.C.A. 69-9-217 (f) (2) provides a six month suspension of boating privileges

8. PENALTIES BUI- 1 st Offense: no mandatory jail time, up to 11months/29days in jail, loss of boating priveleges for 1 year BUI-2 nd : no mandatory jail time BUI-3 rd : mandatory 30 day minimum jail sentence

9. Blood Alcohol Content in BUI.08 is a per se Boating Under the Influence <.05 BAC creates no presumption of intoxication However, the statute does not address blood alcohol content between those 2 parameters

10. Happy Drinking ROB MCKINNEY ATTORNEY AT LAW 214 SECOND AVENUE NORTH, SUITE 103 NASHVILLE, TN 37201 (615) 259-9009 Phone (615) 242-5967 Fax rob@robmckinneylaw.com www.mckinneylawfirm.com www.nashvillecriminallawreport.com rob@robmckinneylaw.com www.mckinneylawfirm.com www.nashvillecriminallawreport.com