TENNESSEE BILL WOULD RESULT IN SAME PUNISHMENT FOR BOATING AND DRIVING UNDER THE INFLUENCE

A Tennessee bill affecting how boaters caught boating under the influence are charged will go before the Tennessee House of Representatives on Monday.

HB2270/SB2736, otherwise known as “Nicholas’ Law,” would treat a prior conviction for boating under the influence the same as driving under the influence in terms of deciding punishment for the crime.

The bill states “For purposes of determining if a person convicted of 55-10-401 is a repeat or multiple offender, a prior conviction for boating under the influence under 69-9- 217(a) must be treated the same as a prior conviction for driving under the influence of an intoxicant under 55-10-401 if the person was convicted of the prior offense within ten (10) years of the date of the present violation.”

The bill also adds language which incorporates boating under the influence crimes which align with driving under the influence when a person is charged. The bill also combines the driving and boating under the influence as factors to be considered for punishment. A person previously convicted of boating under the influence would have that factored into their case if caught driving under the influence and a person caught with driving under the influence on their record would have that as a consideration if caught boating under the influence.

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