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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

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By Rob McKinney Attorney at Law mckinneylawfirm nashvillecriminallawreport

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  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

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