Knoxville, Tennessee BUI Attorney

Trusted Boating Under the Influence Lawyer Serving Clients in Knoxville, TN

A lot of Tennessee residents and visitors to the state alike enjoy going out on a boat and having a few beers. Spending the day on the water while relaxing with a cooler of adult beverages can be nice. Getting arrested for boating under the influence can turn a lovely day into an immensely unpleasant one. Unfortunately, Tennessee courts take driving a boat while drunk just as seriously as they take driving a car while drunk. Boating accidents can be just as dangerous as car accidents, if not even more so. Boats do not have brakes or seatbelts, making it very easy for an intoxicated person to misjudge stopping distance.

The team at The Baker Law Firm is highly experienced in defending people who have been arrested for BUI. We have seen firsthand that most BUI defendants are not criminals or even routine substance abusers, but simply misjudged how many beers were okay to have on a hot day. While people who become more drunk than they planned to at a party on dry land can easily leave their cars and call an Uber or get a ride from a friend, these options are not normally available to boaters.

Penalties for BUI in Tennessee

The potential penalties for a BUI are largely the same as the potential penalties for a DUI. They include a jail sentence that could range from the mandatory minimum of 48 hours to 11 months and 29 days, a fine between $350 and $1,500, mandatory substance abuse treatment if an assessment suggests that you could benefit from it, DUI school, and community service.

Our team can work to keep your sentence to a minimum if you are convicted, which is never a given, no matter what type of evidence the police claim to have.

Perhaps the main advantage of being charged with BUI over DUI is that instead of having your driver's license suspended, it is your boating license that is in jeopardy. You will lose your license to operate a boat for at least a year. While this may be an annoyance for avid boaters, it is normally less of an inconvenience than being unable to drive.

This is all assuming it is your first BUI offense. Repeat offenses are treated more harshly. A fourth BUI in a ten year period is a felony crime, which could lead to more than a year in prison. Having a skilled lawyer to defend you is essential.

Defending a BUI Case

Police and prosecutors alike often behave as if the evidence they have is unimpeachable and conviction is a near-certainty. However, there are many ways a skilled attorney can defend someone accused of a BUI. In DUI cases, field sobriety tests are often an important piece of evidence, but they are rarely used in BUI cases for obvious reasons. (No one can swim in a straight line in a natural body of water, no matter how sober, and anyone who has tried to walk on land after getting off a boat knows why testing someone on the shoreline would be unfair.)

Police often rely on blood and breath tests in BUI cases. However, there are some problems with these tests. For a breath test to be accurate, it needs to be administered according to strict procedures using perfectly-maintained equipment. Blood test results can be easily contaminated if the officer so much as opens the test tube too early. As police are not medical professionals or scientists, there is always a risk that they will make mistakes while administering chemical tests. This opens the door to have these test results excluded from evidence, which usually leaves the state with little proof.

Contact a Knoxville, Tennessee BUI Lawyer

At The Baker Law Firm, we understand the stress you are under after a BUI arrest, and we will do all we can to defend you against these charges. To get the representation you need, contact us at 865-200-4117 for a complimentary consultation.