Boating Under the Influence in Tennessee

Operating a registrable or commercial boat while under the influence of alcohol or drugs, or with an alcohol concentration at or above the drunk-driving limit in Tenn. Code § 55-10-401, is boating under the influence (anchored or moored boats are excluded). A first offense is a Class A misdemeanor: 48 consecutive hours to 11 months, 29 days in jail (7 days minimum at 0.20% or more) and a $350 to $1,500 fine. A second offense carries 45 days minimum and a $600 to $3,500 fine; a third, 120 days and $1,100 to $10,000; a fourth is punished in the Class E felony range, with higher felony ranges for later offenses. Every conviction suspends the right to operate registered and commercial vessels for 12 months, and having a child aboard adds 30 days and a $1,000 fine.

Tennessee's rule on court-appointed lawyers: In felony cases, when the accused has no lawyer and the court finds the accused indigent, the court must appoint the public defender (if the county has one) or another competent licensed attorney. A person who says he or she cannot afford a lawyer must complete the uniform affidavit of indigency, and statements are made under oath. In deciding indigency the court considers the nature of the services, usual attorney charges in the community, the accused's income from any source, federal poverty guidelines, ownership or equity in property, the amount of the bond and whether the person was able to make bond, and any other relevant circumstances. A defendant given court-appointed counsel is assessed a nonrefundable administrative fee of $50 at the time of appointment; the court must waive or reduce it if the defendant lacks the resources to pay, may raise it to no more than $200 if the defendant has sufficient resources, and the fee is collected even if the charges are dismissed. Tenn. Code Ann. §§ 40-14-202(a)-(c), (i)(1); 40-14-103(b)

How release before trial works in Tennessee: A magistrate deciding pretrial release for a bailable offense may release the defendant on personal recognizance, on an unsecured appearance bond, or on conditions that may include a bail deposit. The magistrate 'shall give first consideration to ensuring the safety of the community' and, if releasing the defendant, must impose the least restrictive conditions that will reasonably assure appearance and community safety. The magistrate must consider any available results of a validated pretrial risk assessment and the defendant's financial resources, and may also consider the defendant's length of residence in the community; employment status; prior criminal record, including prior releases on recognizance or bail; whether the defendant was on release for another offense when charged; the nature of the offense, the apparent probability of conviction, and the likely sentence; substance use or mental health issues better addressed in community-based treatment; and other ties to the community or factors related to the risk of willful failure to appear. Tenn. Code Ann. § 40-11-115(a), (b) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Tennessee expungement and record sealing rules.