When summer arrives in Tennessee, the lakes and rivers fill with boaters, anglers, and families enjoying time on the water. While boating is a way of life across East and Middle Tennessee, it also comes with serious legal risks if alcohol is involved. Much like driving under the influence (DUI), operating a boat while impaired can lead to a charge of boating under the influence (BUI).
TWRA Enforcement on the Water
The Tennessee Wildlife Resources Agency (TWRA) is the primary law enforcement agency monitoring boating activity on Tennessee waters. TWRA officers have broad authority to stop boats for safety checks, investigate suspected BUI violations, and administer sobriety tests. Their mission is not only to enforce wildlife and conservation laws but also to protect the public from impaired operators.
Many boaters are surprised to learn that the environment on the water magnifies the effects of alcohol. TWRA has explained that sun exposure, heat, wave motion, and engine vibration can intensify impairment—meaning that drinking on the water affects your body more quickly than drinking on land. If a TWRA officer suspects impairment, they may conduct field sobriety tests, portable breath tests, or request a blood sample. Refusing these tests can have serious consequences, including the suspension of boating privileges.
Tennessee’s BUI Law
Under Tennessee Code it is illegal to operate any watercraft while under the influence of alcohol or drugs. The legal blood alcohol concentration (BAC) limit is the same as for driving: 0.08%. Importantly, you do not need to be “drunk” to be arrested—any impairment that affects safe operation of the vessel may result in a charge.
Like DUI, BUI is a criminal offense. However, there are differences in how penalties are applied, and certain defenses may be unique to BUI cases.
Penalties for BUI Convictions
- First Offense: Fines from $250 to $2,500, possible jail up to 11 months and 29 days, and loss of boating privileges for up to one year.
- Second Offense: Fines from $500 to $2,500, similar jail exposure, and a two-year suspension of boating privileges.
- Third or Subsequent Offense: Fines from $1,000 to $5,000, minimum 30 days in jail, and loss of boating privileges for three to ten years.
Beyond fines and jail time, a BUI conviction can affect employment, professional licensing, and insurance.
Defenses Against BUI Charges
Defending against a BUI charge requires careful analysis of the facts. Possible defenses include:
- Unreliable Field Sobriety Tests: Boat decks are unstable, making standard land-based tests difficult to perform accurately.
- Improper Stop or Arrest: TWRA must have lawful grounds for boarding or detaining a boat.
- Questionable Breath or Blood Tests: Equipment errors, medical conditions, or improper testing procedures may invalidate results.
An experienced defense attorney can evaluate whether your constitutional rights were violated and whether TWRA procedures were properly followed.
Why Contact Champagne Law Firm
At Champagne Law Firm, we understand the unique challenges of defending BUI cases. Our team has deep experience in both criminal defense and administrative hearings related to boating privileges. If you were stopped by TWRA and charged with boating under the influence, we will investigate every detail—from the reason for the stop to the validity of the test results.
A BUI charge should not be taken lightly. The consequences can impact your freedom, your finances, and your ability to enjoy Tennessee’s waters. Prompt legal action gives you the best chance to protect your rights.
Contact Champagne Law Firm today for a confidential consultation. We are ready to stand between you and the state, helping you move forward with confidence.
