BUI Law in Charlotte, NC
NC Wildlife Officers are charged with enforcing boating regulations and laws on the waterways. Any boat can be stopped at any time for a safety check or for violations. If a Wildlife Officer suspects a person is under the influence, they must have probable cause to believe that person is impaired before they can proceed with a BUI arrest.
Boating While Impaired (BWI) is a serious criminal charge in North Carolina. North Carolina statutes prohibit the operation of any vessel while underway on the waters of this State; (1) while under the influence of an impairing substance; or (2) after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more. In addition, these statutes prohibit a person from “manipulating any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.” Violation of either of these is a Class 2 misdemeanor. Violating the BUI law is considered a class 2 misdemeanor and punishable by up to 60days in jail and a $1,000 fine.
North Carolina’s implied consent law does not include boaters. Someone who is suspected of driving while impaired must allow their BAC to be tested or their driver’s license can be revoked for refusing such testing. Someone who is suspected of boating under the influence does not have to comply with a request for a BAC test and their driver’s license cannot be revoked for refusing such test.
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