UNDER NORTH CAROLINA LAW, CAN YOU BE CHARGED FOR DRIVING A BOAT WHILE IMPAIRED?

Under North Carolina law, you can be charged with “Boating While Impaired (BWI).” North Carolina General Statute §75A-10(b1) makes it illegal to operate a vessel while impaired, i.e., “[N]o person shall operate any vessel while underway on the waters of this state while: • Under the influence of an impairing substance (alcohol, drugs, or both), or • Having an alcohol concentration of 0.08 or higher at any relevant time after boating.” This law applies to any vessel on state waters, including motorboats, jet skis, canoes or kayaks, and rowboats or similar watercraft. A BWI is separate from a DWI (driving while impaired) for cars. A BWI conviction does not automatically affect your driver’s license, though it is still a misdemeanor offense which carries a minimum fine of $250 and jail time (up to about 60 days depending on your record). As the weather starts to warm be safe out there on the water!