Defending Knoxville Boaters Since 2007: With the Same Certification Law Enforcement Must Pass
A BUI charge in Tennessee is a serious criminal matter, not something to handle on your own. At the Law Office of Joseph A. Fanduzz, we’ve been defending clients against BUI and DUI charges in Knoxville since 2007. Attorney Fanduzz holds the same DUI Detection and Standardized Field Sobriety Testing certification that law enforcement must pass before conducting these investigations. This means he evaluates your case at the technical level, not just the legal one.
Attorney Fanduzz is a graduate of the National Criminal Defense College, a member of both the Tennessee Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers, and has handled cases in Federal Court, Criminal Court, and General Session Court. We’re available 24/7 and offer free initial consultations.
A BUI arrest doesn’t have to define your record. Call Law Office of Joseph A. Fanduzz at (865) 896-9971 to schedule your free consultation.
Boating Under the Influence Under Tennessee Law
Tennessee Code Annotated § 69-9-217 makes it unlawful to operate any registered vessel on state waters while under the influence of any intoxicant, marijuana, narcotic drug, or drug-producing stimulating effects on the central nervous system. Tennessee also maintains a per se BUI law: a blood alcohol concentration (BAC) of 0.08% or higher while operating a vessel is a chargeable offense regardless of whether a TWRA officer observed impairment.
The statute covers motorboats, sailboats, jet skis, and any mechanically powered vessel, including trolling motors. One important distinction from DUI law: an anchored or moored operator can’t be charged with BUI. The vessel must be in operation at the time of the stop. Impairment from lawfully prescribed medications can also form the basis of a charge if those medications affect the ability to safely operate a vessel.
The Tennessee Wildlife Resources Agency (TWRA) is the primary enforcement body patrolling Knox County waterways. Fort Loudoun Lake, Norris Lake, Douglas Lake, Cherokee Lake, and Watts Bar Lake all see active BUI enforcement.
Tennessee BUI Penalties
Every BUI offense under TCA § 69-9-217(a) is charged as a Class A misdemeanor, carrying real jail time, fines, and boating privilege consequences that escalate with each offense.
Penalty tiers by offense number:
First offense: Fine of $350–$1,500, mandatory minimum of 48 hours up to 11 months and 29 days confinement, boating license suspension up to one year
Second offense: Fine of $600–$3,500, mandatory minimum of 45 days up to 11 months and 29 days confinement, boating license suspended for two years
Third offense: Fine of $1,100–$10,000, mandatory minimum of 120 days confinement up to 11 months and 29 days, boating license suspended 3–10 years
Fourth offense within 10 years: May be charged as a felony carrying more than one year in prison
Two statutory facts make early action critical. First, anyone convicted under TCA § 69-9-217(a) must serve the mandatory minimum day for day before becoming eligible for probation or suspension of sentence. Second, pretrial diversion isn’t available under Tennessee BUI law. That combination means the window to protect your record is before charges are finalized, not after.
A BUI conviction goes on your criminal record but not your driving record. The licensing consequence is suspension of your boating privileges, not your driver’s license. In cases involving a fatality or serious injury, the investigating agency is required to obtain BAC results from all operators and submit them to the district attorney general under TCA § 69-9-217(h).
How Attorney Fanduzz Approaches BUI Defense
Because BUI and DUI investigations share the same core procedures: implied consent, BAC testing, and field sobriety evaluation, the certification Attorney Fanduzz holds isn’t peripheral background. It’s the foundation for scrutinizing exactly how a TWRA officer conducted your stop. He knows what the officer was trained to do, which positions him to identify where the investigation fell short.
BUI cases raise evidentiary issues that don’t appear in standard DUI cases. Field sobriety tests performed on a dock or vessel are inherently less reliable because wave motion, boat wake, and the physical fatigue of time on the water all affect balance and coordination independent of alcohol. Whether the TWRA boarding stayed within constitutional limits is a separate question from whether impairment existed. Every client gets a defense strategy built around the specific facts of their case.
BUI Defense Strategies in Tennessee
No two BUI cases are identical, but several defenses arise consistently in Tennessee cases. We analyze each of the following when building a client’s defense.
Lawfulness of the Stop or Boarding
TWRA officers are authorized to conduct safety inspections, but a boarding or detention must stay within constitutional limits. Evidence obtained through an unlawful stop or a detention that exceeded its lawful scope may be subject to suppression.
Field Sobriety Test Reliability
Standard field sobriety tests are designed for dry land. When administered on a rocking dock or boat, wave motion and the physical effects of time on the water compromise balance and coordination independent of alcohol. Results obtained in that environment can be challenged as an unreliable indicator of impairment.
BAC Test Administration and Equipment
A BAC result isn’t automatically valid. Improper administration, faulty or incorrectly calibrated equipment, failure to follow established testing procedures, and certain medical conditions can all affect the reliability of a breathalyzer or blood test. These are areas we examine in every case.
Whether the Defendant Was Operating the Vessel
Tennessee BUI law requires that the defendant was operating the vessel at the time of the stop. Simply being present on a boat isn’t enough. If the state can’t establish operation, the charge may not hold.
Implied Consent and Refusal Consequences
Tennessee’s implied consent law applies to BUI stops. Refusing a breathalyzer or blood test can result in suspension of your boating privileges, and the refusal itself is admissible as evidence in court. How a refusal affects your case is part of the early defense analysis.
Per Se BAC vs. Impairment-Based Charges
Tennessee prosecutes under both theories. If your BAC was at or above 0.08%, a legal presumption of impairment attaches, but that presumption can be contested. If your BAC was below the threshold, the state may still pursue an impairment-based charge based on officer observation. We analyze both when building a defense.
Frequently Asked Questions
Is a BUI a felony in Tennessee?
A first, second, or third BUI under TCA § 69-9-217(a) is a Class A misdemeanor. A fourth BUI within a 10-year period may be charged as a felony, which can carry more than one year in prison.
What Is the BAC Legal Limit for Operating a Boat in Tennessee?
The per se limit under TCA § 69-9-217 is 0.08%, the same threshold as DUI. You can also be charged if a TWRA officer determines your ability to operate the vessel was impaired even at a lower BAC.
What Happens If I Refused the Breathalyzer During My BUI Stop?
Tennessee’s implied consent law applies. A refusal can result in suspension of your boating privileges, and the refusal is admissible as evidence in court.
When Should I Contact a BUI Attorney?
As soon as possible after the arrest. Pretrial diversion isn’t available under Tennessee BUI law, and the defense investigation, preserving evidence, evaluating the legality of the stop, and identifying weaknesses in the state’s case, needs to begin promptly.
Don’t wait to get a defense in place. Call Law Office of Joseph A. Fanduzz at (865) 896-9971 for a free consultation with a Knoxville BUI attorney.
“Mr. Fanduzz is committed to nothing but the BEST outcome for his clients.”
Nearly two years ago, I was charged with DUI and Speeding. Due to my occupation, a conviction could be detrimental to my career. I contacted Mr. Fanduzz and he was able to have my case placed on Judicial Diversion, which required me to serve only one year supervised probation (reduced from two years) and court cost. I retained my drivers license and did not have to purchase expensive car insurance.
Unfortunately, while on probation, I was charged with two counts of assault and aggravated assault. Along with these new charges, I also faced violation of my probation and the original DUI. All charges were considered Felonies at this point. There was no hesitation in hiring him to represent me again. Mr. Fanduzz not only kept me well informed, he also skillfully and agressively argued on my behalf. He arranged for my probation and judicial diversion to be reinstated and the felony assault charges to be dismissed in exchange for a plea to a misdemeanor offence.
Needless to say, I highly recommend Mr. Fanduzz because of his attention to detail and commitment to have the BEST possible outcome for his clients.
NACDL
