Boating While Impaired (BWI) in the Outer Banks

Charged With Boating While Impaired on Outer Banks Waters?

Boating while impaired (BWI) is a crime in North Carolina under N.C.G.S. Section 75A-10. It applies to anyone operating a vessel underway on the waters of this State while under the influence of an impairing substance, or with an alcohol concentration of 0.08 or more. It is a Class 2 misdemeanor with a minimum fine of $250.

The sounds, inlets, and near-shore ocean around the Outer Banks fill with boats and personal watercraft every summer, from Currituck Sound to Roanoke Sound and Pamlico Sound. Officers patrol these waters, especially on busy weekends and holidays.

Daniel Donahue is a Board Certified Specialist in State and Federal Criminal Law, certified by the North Carolina State Bar Board of Legal Specialization. He is the only board-certified criminal law specialist based in Dare County, and he handles boating while impaired and DWI cases in Dare and Currituck County courts.

Charged with boating while impaired in Dare or Currituck County? Call or text Donahue Defense at 252-715-5785 before your court date.

What the Law Covers

• Operating a vessel while impaired: a vessel includes motorboats, sailboats, and personal watercraft such as jet skis, when underway.
• An alcohol concentration of 0.08 or more: the same per se limit that applies to drivers.
• Water skis, surfboards, and nonmotorized vessels: using water skis, a surfboard, or a nonmotorized vessel such as a kayak or paddleboard while under the influence of an impairing substance is also a Class 2 misdemeanor.

Being legally entitled to use alcohol or a medication is not a defense to the charge.

BWI Penalties

• Class 2 misdemeanor, with a minimum fine of $250 on conviction
• Jail range of 1 to 30 days with no prior convictions, up to 60 days with five or more, under N.C.G.S. Section 15A-1340.23
• Death or serious injury caused by impaired boating are separate, more serious offenses under N.C.G.S. Section 75A-10.3

Does BWI Affect My Driver’s License?

The boating statute does not provide for a driver’s license revocation, which is one of the biggest differences from a DWI. A BWI conviction is still a criminal conviction on your record.

How BWI Cases Are Built

Like DWI cases, BWI cases often rest on the officer’s observations, roadside-style sobriety tests given on a dock or a boat deck, and breath or blood testing. Sun, wind, waves, dehydration, and hours on the water can all affect how a person looks and performs. See breath and field sobriety tests.

Visiting the Outer Banks?

Many people charged with BWI are on vacation. Your case will be heard in the county where it happened, and depending on your case, your lawyer may be able to appear for some court dates so you do not have to return each time.

How We Can Help

• Explain the charge, the possible penalties, and how a conviction would appear on your record
• Obtain and review the evidence, including video, testing records, and the officer’s reports
• Evaluate sobriety testing given on a dock, a beach, or a moving deck
• Appear in court for you where the court allows
• Represent you in Dare and Currituck County courts
• Communicate in Spanish through our legal assistant, Kaitlyn Fernandez

Boating While Impaired FAQs

Is boating while impaired the same as DWI?

No. BWI is a separate offense under the boating laws. It is a Class 2 misdemeanor with a minimum $250 fine, while DWI has its own sentencing levels and a driver’s license revocation.

Does the 0.08 limit apply to boats?

Yes. Operating a vessel underway with an alcohol concentration of 0.08 or more is boating while impaired, even without other signs of impairment.

Can I be charged on a kayak or paddleboard?

Yes. Using a nonmotorized vessel, a surfboard, or water skis while under the influence of an impairing substance is also a Class 2 misdemeanor.

Will a BWI affect my driver’s license?

The boating statute does not revoke your driver’s license. The conviction still goes on your criminal record.

Talk to an Outer Banks BWI Lawyer

If you are charged with boating while impaired in Dare or Currituck County, call or text 252-715-5785. We will explain the charge, the evidence, and your options. Se habla español.

Please do not include confidential or sensitive information in a contact form, text message, or voicemail.

This page is general information about North Carolina law, not legal advice for your situation.