Boating Under The Influence Attorneys - Barnes & Fersten
Experienced DUI Defense Attorneys In Tennessee
Charged With Boating Under The Influence In TN?
Our attorneys can fight BUI charges across East Tennessee with a strategic, results-driven defense.
What You Need To Know About BUI Charges In Tennessee
A BUI charge in Tennessee can leave you feeling overwhelmed—unsure of what it means for your license, your record, and your future. You’re likely concerned about what you’ve heard the potential penalties for operating a vehicle while under the influence of alcohol or another substance. One thing is clear: you need a defense team with a proven track record that knows how to protect your rights. At Barnes & Fersten, we’re here to guide you through this situation, preserve your freedom and your reputation, and pursue the absolute best outcome in your case.
In the following sections, we’ll walk you through exactly what you need to know about boating under the influence, from how Tennessee law defines BUI, legal penalties, and how our legal defense team works to get cases reduced and dismissed.
🔎 Boating Under The Influence Laws In Tennessee
In Tennessee, Boating Under the Influence (BUI) is taken just as seriously as driving under the influence. Under Tennessee Code Annotated § 69-9-217, it’s illegal to operate any vessel—whether recreational or commercial—while under the influence of alcohol, drugs, or any intoxicating substance.
This law applies to any watercraft subject to registration, which includes most motorboats, jet skis, and even some larger personal vessels. If you’re out on the water and behind the wheel of a boat, you are expected to follow the same standards of sobriety as if you were driving a car.
There are two main ways the state can pursue a BUI conviction:
Impairment-based BUI: If the state can prove that your ability to operate the vessel was affected by alcohol or drugs, you can be convicted—even if your blood alcohol content (BAC) is below 0.08%.
Per se BUI: Just like with DUI cases, Tennessee law presumes you are impaired if your BAC is 0.08% or higher while operating a boat.
🔎 Penalties for BUI In Tennessee
BUI is classified as a Class A misdemeanor in Tennessee, and the penalties are just as serious as a DUI. If convicted, you could be facing:
Mandatory minimum 48 hours in jail
Up to 11 months and 29 days in jail
Fines ranging from $350 to $1,500
Suspension of your boating privileges for up to 1 year
But the impact doesn’t stop there. A BUI conviction can remain on your criminal record, potentially affecting job prospects, professional licenses, and even future legal matters. That’s why having experienced legal representation is so critical. At Barnes & Fersten, we fight not just to minimize penalties—but to help you avoid a conviction altogether.
Why Choose Barnes & Fersten As Your BUI Defense Attorneys?
✅ In-Depth Knowledge of BUI Law
Our attorneys understand the unique nuances of Boating Under the Influence charges, from the legal statutes to how these cases are prosecuted across East Tennessee.
✅ East Tennessee’s Most Trusted DUI Defense Team
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With over 240 5-star reviews, our firm is known for prioritizing client experience and delivering real results. We don’t just fight criminal charges—we guide you through every step, ensuring clear communication and a personalized defense strategy tailored to your unique situation.
✅ Local Experience That Gives You The Edge
We have experience defending clients in Blount County, Knox County, Loudon County, Sevier County, and all throughout East Tennessee. Our law firm’s local knowledge can make a real difference in the outcome of your case.
Frequently Asked Questions
No. BUI charges do not go on your driving record, but they can still appear on your criminal record and affect background checks.
Typically, a BUI is charged as a Class A misdemeanor in Tennessee. However, penalties can increase if there are aggravating factors like injuries or repeat offenses.
Penalties include a minimum of 48 hours in jail, up to 11 months and 29 days, fines ranging from $350 to $1,500, and suspension of your boating privileges for up to one year. This is why it is essential to get a BUI attorney in Tennessee to defend your case.
The legal limit is 0.08%, the same as for driving under the influence. A BAC at or above this level creates a legal presumption of impairment.
If your rights were violated, the stop was unlawful, or the evidence is weak or improperly handled, an experienced defense attorney may be able to get your case reduced or dismissed entirely. Every case depends on the facts and how the investigation was handled.
A BUI will remain on your record in Tennessee unless the case is dismissed, you’re found not guilty, or you’re granted judicial diversion and complete the terms successfully. This makes it critical to fight the charge from the beginning.
How Our Attorneys Defend Against BUI Charges in Tennessee
Boating Under the Influence investigations can involve more errors and assumptions than DUI cases—particularly because they’re conducted in unpredictable outdoor environments like lakes and rivers. That’s why our defense strategy begins with a deep dive into the details of your stop, the investigation, and the methods used by law enforcement. When we take on a BUI case, the first thing we do is collect and preserve every piece of evidence available: bodycam footage, police reports, test results, and field notes.
Then we ask the most important question in your defense: why did the officer begin a BUI investigation? Officers must have a valid reason to conduct a criminal investigation. Did they smell alcohol? Hear slurred speech? Observe erratic behavior on the water? Or were they simply acting on assumptions? From there, we examine whether their investigation was conducted lawfully, thoroughly, and fairly.
🔎 Common Flaws in BUI Investigations
Just like with DUIs, officers often rely on field sobriety tests to support a BUI arrest—but most of these tests aren’t designed for use on the water, and they’re often performed incorrectly or interpreted subjectively. Here’s some common examples of unreliable field sobriety tests in BUI cases:
Finger-to-Nose Test: Originally part of the standardized tests in the 1970s and 80s, it was later removed due to its unreliability (only about 60% accurate). This test involves closing your eyes, leaning your head back, and touching the tip of your finger (the skin near the end of your fingernail, not the pad) to the tip of your nose. Many officers improperly explain and score this test.
Palm Pat Test: This test involves a participant putting their hands out palm-to-palm. Participants are told to rotate their hands 180 degrees and pat their palms while counting aloud. Like the Finger-to-Nose test, it is not standardized and has no recognized reliability for determining impairment.
Horizontal Gaze Nystagmus (HGN): The only standardized test reliable enough for BUI investigations. Officers look for involuntary jerking of the eyes. However, in Tennessee, HGN is typically inadmissible in court unless performed by an expert, which most officers are not.
🔎 Questionable Police Observations
In many BUI cases, law enforcement relies heavily on subjective observations—things like slurred speech, red or watery eyes, or the smell of alcohol. But these signs aren’t exclusive to intoxication. Sun exposure, dehydration, wind, and long hours on the water can all create similar symptoms, making these claims unreliable without solid evidence.
On top of that, officers don’t always follow proper procedures. Investigations are sometimes initiated without legal cause, and critical steps are missed or mishandled. That’s why we review every detail of the stop—how it started, what the officer saw, and how they conducted their investigation. Our team thoroughly analyzes bodycam footage, ranger reports, and audio to uncover errors, inconsistencies, or rights violations that could be used to reduce or dismiss your charges.
✅ Navigate Your BUI Charge With Barnes & Fersten
If you’re facing a BUI charge, having the right legal defense team on your side makes all the difference. At Barnes & Fersten, we bring a team-based approach, personalized strategies, and a commitment to results:
Immediate Action: From the moment you hire us, we move quickly to defend your case. We file a Notice of Appearance, secure critical evidence like bodycam and ranger footage, and begin analyze every aspect of the investigation.
Collaborative Review: Every case is reviewed by more than one attorney on our team, ensuring that no detail is missed. This collaborative approach allows us to spot legal issues, challenge flawed police procedures, and build a more powerful defense for your case.
Custom Defense Strategy: No two BUI cases are alike. We take the time to understand your version of events, the conditions on the water, and any personal factors in order to make defense tailored for your unique case.
Dedicated Legal Support: You’ll never be left wondering what’s happening with your case—at our law firm, clear communication matters. You’ll have a personal legal assistant and access to your attorney when you need them.
Results-Driven Representation: Our priority is to get your charges dismissed, reduced, or resolved without a conviction, so you can move forward with your life with confidence.
Take Charge Of Your Defense – Contact Us Today!
East Tennessee’s rivers and lakes should be places to enjoy, not where your future could be put at risk. If you’re facing a BUI charge, Barnes & Fersten is here to help. With deep experience in local courts and a hands-on defense approach, we work hard to protect what matters most: your record, your rights, and your reputation.
Whether you’re facing BUI charges in Knox County, Blount County, Sevier County, Loudon County, or anywhere in East Tennessee, we have the experience, local knowledge, and strategic approach needed to secure the best possible outcome for you.
📞 Call 865-805-5703 today to get started.
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