NASHVILLE, Tenn.--A proposed Tennessee law would create the same punishment for those convicted with boating under the influence (BUI) as driving under the influence (DUI).

SB0720/HB0458 authorizes courts to use the same sentencing alternatives for BUI cases as DUI cases and allows law enforcement to obtain search warrants to perform blood or breath tests.

According to the bill, the first conviction for those with .20% or more of blood alcohol concentration would be subject to a minimum of 7 days in jail. The first offense in general would also be subjected to no less than 48 hours in jail and up to 29 days.

A second offense would mean a sentence at the jail or workhouse of no less than 45 days and up to 11 months and 29 days. Judges would also be able to recommend substance abuse treatment programs following their release.

A third offense would be punishable by no less than 120 days in jail and up to 11 months and 29 days.

The time spent in jail goes up for each offense and there are enhancements if the individual has a child on the boat at the time of a violation. If a child suffers injuries as a result of BUI or dies, the boater could face additional charges such as vehicular homicide.

As with driving, electronic monitoring devices and other monitoring devices could also be ordered by the judge. Individuals charged could also lose their registration and boating license under the bill.

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