BUI

This weekend I ran across the TWRA (Tennessee Wildlife Resource Agency) who was patrolling the Lake on boats. It always surprises me that many agents with TWRA do not understand the Boating Under The Influence Laws in Tennessee. While boating under the influence is unsafe and should never be condoned there must be awareness of what actions actually constitute a crime. Especially the serious crime of BUI.

Tennessee 69-9-217 States:

(a) It is unlawful for any person or persons to operate any vessel subject to registration or any commercial vessel as defined in this section on the public waters of the state while under the influence of any intoxicant, marijuana, narcotic drug, or drug producing stimulating effects on the central nervous system.

While this language is very similar to the motor vehicle DUI law there is a very distinct difference which appears in the very last sentence of the statute and is often overlooked by law enforcement.

  The last section of T.C.A. 69-9-217 states:

"(n) The provisions of this section do not apply to any vessel that is moored or anchored."

This means that any boat or "vessel" that is anchored down or is moored at a marina is not subject to BUI enforcement. Despite this being the law I often hear of horror stories of the man fishing off his boat while docked at a marina and being carted off to jail for BUI. I also hear numerous stories of party goers who tie several boats together in a secluded cove and become intoxicated as the day wears on.  However, if these boats are anchored the BUI provisions should not be applied to the occupants.