BUI Lawyer in Memphis

Over 25 Years of Tennessee Criminal Defense Experience for Your BUI Case

Getting arrested for Boating Under the Influence in Memphis can leave you feeling anxious and uncertain about your future. Questions about your reputation, your boating privileges, and the effect on your family or job may be weighing heavily on your mind. Our BUI attorney in Memphis can explain the charge, evaluate the evidence, and advise you about the next steps.

With over 25 years of experience, we bring extensive Tennessee criminal defense experience to the review of BUI arrests. Attorney Tim Francavilla is NHTSA certified in DWI Detection and Standardized Field Sobriety Testing. This training informs our review of police procedures and testing evidence. He has also served as a sitting judge in Bartlett Municipal Court since 2016, giving him experience with how courts evaluate evidence and legal arguments. From the outset, we focus on the stop, testing, arrest, and your priorities.

Schedule a consultation today or call (901) 979-9992 to discuss your BUI charge and next steps.

Direct Access to Tim Francavilla Throughout Your BUI Case

At Francavilla Law Firm, we get to know your concerns and goals, then tailor your defense accordingly.

What sets us apart:

• Individualized care. You work directly with Tim Francavilla from start to finish. We listen, explain, and prioritize your needs.
• Local insight. We have practiced in Memphis-area courts since 1997 and bring that familiarity to every BUI case we handle.
• Clear and timely communication. From your first call to the resolution of your case, we explain your legal options and fee structures upfront and keep you involved in decisions.
• Technical training. Attorney Francavilla’s NHTSA certification in Standardized Field Sobriety Testing supports a thorough review of how officers conducted testing and whether proper procedures were followed.
• Peer recognition. Our firm holds a Martindale-Hubbell Distinguished peer review rating, reflecting the respect we have earned from fellow attorneys and judges.

How We Evaluate the Evidence in a BUI Case

We develop each defense plan based on the facts of the individual case. Attorney Francavilla’s certifications in DWI Detection and Standardized Field Sobriety Testing inform our review of law enforcement conduct and the validity of sobriety testing procedures.

To prepare your case, we:

• Carefully review all police reports and body-camera footage for inconsistencies or procedural issues
• Analyze the administration and documentation of field sobriety and chemical tests
• Investigate whether officers followed applicable procedures during the stop, testing, and arrest
• Communicate closely with you about options, risks, and developments in your case

If legal issues extend beyond the trial court level, we also bring appellate experience. Attorney Francavilla has briefed and argued complex legal matters before the Tennessee Court of Criminal Appeals and the Tennessee Supreme Court. The defenses available depend on the evidence and facts of the individual arrest.

What Is Considered Boating Under the Influence in Tennessee?

Tennessee Code § 69-9-217 makes it unlawful to operate a vessel subject to registration, or a commercial vessel, on Tennessee waters while under the influence of an intoxicant, marijuana, a narcotic drug, or a drug producing stimulating effects on the central nervous system. Evidence of a blood alcohol concentration at or above the threshold established for DUI purposes constitutes a violation under the statute. The law also addresses implied consent to chemical testing when an officer has reasonable grounds to believe the person operated a covered vessel while impaired. Notably, a vessel that is moored or anchored is excluded from the statute’s BUI prohibition.

We apply our Tennessee criminal-defense experience to BUI matters in Memphis and Shelby County.

Potential Penalties for Boating Under the Influence in Memphis

BUI is a serious criminal offense. Under Tennessee Code § 69-9-219, the consequences increase with each conviction:

• First conviction. A Class A misdemeanor carrying 48 consecutive hours to 11 months and 29 days of incarceration and a fine of $350 to $1,500. A BAC of .20 percent or more at the time of the offense raises the minimum to seven consecutive days.
• Repeat convictions. Second, third, fourth, fifth, and sixth or subsequent convictions carry progressively greater incarceration ranges and higher fines, with later offenses reaching felony classifications under the statute.
• Boating privileges. A conviction may affect the privilege to operate a vessel. The Tennessee Wildlife Resources Agency identifies possible fines, jail, boat impoundment, and loss of boat-driving privileges as consequences of a BUI conviction.
• Child-related enhancement. An additional enhancement may apply when a child under 18 was present on the vessel at the time of the offense.
• Mandatory minimums. Tennessee law restricts diversion, suspension of sentence, or probation until the statutory minimum incarceration is completed.

The effect on your insurance, employment, or professional licensing depends on the specific facts, the outcome of your case, and the applicable policies or rules of the relevant third party.

Call (901) 979-9992 to discuss your charge with our Memphis BUI lawyer and arrange a consultation.

What To Do After a BUI Arrest

Careful steps after a BUI arrest can help you preserve important documents and avoid unnecessary public statements about your case.

After a BUI arrest in Memphis, our team recommends the following steps:

• Remain calm and respectful. Ask to speak with a lawyer before answering questions about the incident.
• Write down details. Record everything you remember about the day, the stop, and any sobriety testing.
• Gather your paperwork. Keep all citations, arrest paperwork, test results, court notices, and release conditions in one place.
• Avoid discussing your case outside the legal process. Don’t post about your situation on social media or assume that a citation or test result resolves the legal analysis.
• Contact a BUI lawyer in Memphis promptly. The timing and availability of motions, hearings, and other challenges depend on the charge, the court, and the evidence.

We recommend Contacting our team promptly for practical guidance about your options. Contacting our team early may also give us more time to preserve available evidence.

The BUI Process in Memphis Courts

A BUI matter in Shelby County may be heard in Shelby County General Sessions Criminal Court, Shelby County Criminal Court, or the City of Memphis Municipal Court, depending on the charging document, jurisdiction, and procedural posture of the case. We explain which court is handling your matter and what that means for your timeline.

A BUI case typically moves through the following stages:

• Initial appearance or arraignment. Your first court appearance, where charges are read and an initial plea is entered.
• Discovery and evidence review. Both sides gather and examine the evidence, including test results, officer reports, and any available video.
• Pretrial motions and hearings. These address legal challenges to evidence, testing procedures, or the basis for the stop and arrest.
• Plea negotiations or trial. Depending on the evidence and the facts of your case, the matter may resolve through negotiation or proceed to trial.

Case durations vary based on complexity, court schedules, and the procedural posture of your case. Tim Francavilla works directly with you throughout the process, explaining each phase so you can make informed choices.

Frequently Asked Questions

How does BUI differ from DUI in Tennessee?

Both offenses involve operating a vehicle or vessel while impaired, but they are governed by different statutes and involve different types of transportation. A BUI under Tennessee Code § 69-9-217 applies to covered vessels on Tennessee waterways, while a DUI applies to motor vehicles on public roads. BUI cases often involve enforcement by Tennessee Wildlife Resources Agency officers rather than highway patrol or local police, and the procedures, charging documents, and courts involved can differ. We explain how Tennessee’s laws apply to your specific situation.

Will a BUI affect my driver’s license or insurance?

According to Tennessee Driver Services, a BUI conviction isn’t posted to your driver history the way a DUI is. However, a court may use a BUI conviction when calculating prior offenses for sentencing purposes. As for insurance, the effect depends on your insurer’s policies and the outcome of your case. We explain which potential consequences are relevant to your circumstances.

What should I expect during my first consultation?

During your first consultation, you can expect a private, no-pressure conversation. We’ll review the details of your arrest, explain your options, and answer any immediate questions. There’s no obligation. You can receive straightforward, professional advice to help you make informed choices about your defense.

Discuss Your Memphis BUI Charge With Tim Francavilla

Facing a BUI charge is daunting, but you don’t have to handle it alone. When you connect with our team, you work directly with Tim Francavilla from start to finish. We bring over 25 years of Tennessee criminal defense experience and technical training in Standardized Field Sobriety Testing to the review of your case.

Your initial consultation is confidential and designed to offer clarity, not pressure. We can explain the charge, discuss the available evidence, and outline your legal options and fee structure.

Call Francavilla Law Firm at (901) 979-9992 to schedule a confidential consultation with a Memphis BUI attorney.