1 / 9

By Rob McKinney Attorney at Law mckinneylawfirm nashvillecriminallawreport

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

shelly
Download Presentation

By Rob McKinney Attorney at Law mckinneylawfirm nashvillecriminallawreport

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

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

  2. 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

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

  4. 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

  5. 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

  6. 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

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

  8. 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

  9. Happy Drinking  ROB MCKINNEYATTORNEY AT LAW214 SECOND AVENUE NORTH, SUITE 103NASHVILLE, TN 37201(615) 259-9009  Phone(615) 242-5967  Faxrob@robmckinneylaw.comwww.mckinneylawfirm.comwww.nashvillecriminallawreport.com

More Related