Boating Under The Influence In North Carolina

August 08, 2012

Boating Under The Influence In North Carolina

With more than 37,000 miles of waterways and warm temperatures extending well through the summer months, North Carolina may be a boater's paradise. Relaxing on the pontoon after a hard week's work, drinking a beer while aboard a fishing boat and anchoring out or floating around while having couple of cocktails can lead to trouble with the law for young professionals, military personnel, college students and others who are not aware of North Carolina laws related to drinking and boating.

According to Operation Dry Water, alcohol is involved in almost 20 percent of all fatal boating accidents.

Boating while impaired (BWI) is a serious criminal charge in North Carolina. The Boating Safety Act specifically prohibits operating a boat while under the influence of drugs or alcohol or after consuming enough alcohol to have a blood alcohol concentration (BAC) of .08 or greater. Violating the BWI law is considered a class 2 misdemeanor and punishable by up to 60 days in jail and a $1000 fine. Currently, a BWI will not affect a North Carolina driver's license.

It is also against North Carolina law to ski or surf while impaired.

The Stop And Search Prior To A BWI Arrest

A stop leading to a BWI arrest may be made by the Coast Guard, North Carolina Wildlife Resource Officers or state or local police. There are no open container laws on North Carolina waterways, so as long as the lake, river or ocean-area doesn't specifically prohibit alcohol, mere possession by an adult over 21 is not enough to warrant a BWI charge. However, only beer and wine are allowed on North Carolina waterways. Hard liquor is not.

A Wildlife Resource Officer does not need reasonable suspicion to stop a boat or search for alcohol. A Wildlife officer may ask to confirm whether you have the appropriate safety equipment, such as personal floatation devices (PFDs or lifejackets) onboard to gain consent to search a vessel. At this point, the officer may be able to determine that a boater is under the influence or in possession of prohibited drinks.

Implied Consent And Boating While Impaired

North Carolina's implied consent law does not include boaters. An individual who is pulled over on suspicion of drunk driving must allow his or her blood-alcohol content to be tested at the request of law enforcement or risk additional penalties. Someone stopped on suspicion of boating under the influence does not have to comply with a request for a BAC test; his or her driver's license cannot be revoked for refusing a blood or breath test.

Even though the implied consent statute does not apply to BWI, if a boater agrees to the test or if a warrant is secured for the test, the results may be used to prove that the boater was operating a vessel while under the influence.

BWI While Your North Carolina Driver's License Is Suspended For DWI

Although a BWI charge itself does not mean that North Carolina driving privileges will be impacted, if a boater's driver's license is already suspended for DWI, a subsequent BWI may result in an additional suspension. The hearing officer presiding over a request to restore driving privileges after a drunk driving arrest or conviction will run a background check to determine whether restoration is appropriate. A new BWI charge or conviction may then result in the suspension of a driver's license for an additional six months.

BWI charges are very similar to driving while impaired (DWI). Contact a DWI defense attorney in your area if you've been charged with BWI or boating under the influence for help fighting the charges you face.

Criminal defense attorney Ryan Stump, of Roberts Law Group, PLLC, defends individuals throughout the Wilmington, NC area accused of misdemeanor and felony offenses including drunk driving (DWI), drug offenses and sex crimes, among others. Visit our website at www.wilmingtonlawteam.com to learn more about our successes and our Wilmington criminal defense practice.