BOATING UNDER THE INFLUENCE (BUI)

Every boater needs to understand the risks of boating under the influence of alcohol or drugs (BUI). It is illegal to operate a boat while under the influence of alcohol or drugs in every state. This law pertains to ALL boats.

Alcohol Effects

• Alcohol affects judgment, vision, balance and coordination. It increases the likelihood of accidents.
• The effect of alcohol is even more hazardous on the water than on land. The motion, vibration, engine noise, sun, wind and spray of the boat accelerate a drinker's impairment.
• The effect of alcohol can also be more dangerous to boaters. Boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don't have the benefit of experiencing daily boat operation. In fact, boaters average only 18 days (average of 6 hours/outing) on the water per year.
• Alcohol creates a physical sensation of warmth that may prevent a person in cold water from getting out before hypothermia sets in.
• Passengers are also at greatly increased risk for injury and death - especially if they are also using alcohol.

Tennessee Enforcement and Penalties

It is unlawful to operate any sail or powered vessel while under the influence of intoxicants or drugs.

• All persons operating a sail or powered vessel have given their implied consent to a sobriety test. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.
• A vessel operator whose tests show .08 BAC is presumed under the influence and his or her ability to operate a vessel is impaired.
• State law requires that BAC be taken from all operators involved in an accident where death or serious injury occur.

Conviction for operating under the influence will result in fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction, probation is mandatory for any offense, and operating privileges may be suspended from one to ten years. Additional federal penalties may also be charged.

Zero Tolerance

No person under the age of 21 may have a measurable blood alcohol concentration (0.02% or higher), or be under the influence of alcohol and/or drugs to a degree which impairs his or her ability to safely operate a boat.

Implied Consent