Hi there! My name is Attorney Micah Huggins. We have been in business for over a decade, and we are very highly rated and have won multiple awards. The name of my firm is Huggins Law Firm, P.C., and we represent the accused in Greensboro, Graham, Burlington, Asheboro, High Point, Kernersville, and Winston-Salem.
Some other info about us: Justice with Integrity. Representation with Heart. At Huggins Law Firm, we believe that great representation goes beyond knowing the law — it’s about standing up for people when the stakes are high, when the odds are heavy, and when the system feels overwhelming. Founded by me, Attorney Micah E. Huggins, the firm was built on a simple conviction: every client deserves clarity, compassion, and a champion in their corner.
Whether it’s a criminal defense case, a Family Law matter, or a complex civil dispute, we bring the same level of preparation, precision, and purpose to every case we handle. We don’t just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what’s been lost — dignity, stability, or peace of mind. We also represent clients in Estate Planning and Personal Injury.
Today, we are talking about the end of summer. Labor Day is the last big boating weekend of the year. Hundreds of families will head out to the water. But a fun day on the lake can turn into a total nightmare if the police pull your boat over.
Let’s talk about Boating While Impaired (BWI) and how it is very different from a normal DWI.
Can the Police Pull My Boat Over for No Reason?
Yes! This is the biggest surprise for boaters in North Carolina.
If you are driving a car on the highway, a police officer needs a good reason (like speeding or swerving) to pull you over. But boats are totally different. The officers from the NC Wildlife Resources Commission or the Greensboro City Lakes patrol can board your boat at any time.
They do not need a reason. They can just say they are doing a “safety check” to look for life jackets or fire extinguishers. If they step onto your boat and smell alcohol, that simple safety check turns into a criminal investigation in seconds.
Is Boating While Impaired (BWI) the Same as a DWI?
No, they are very different. But they are both very serious crimes.
Under North Carolina law (G.S. 75A-10), it is a crime to drive a boat, a jet ski, or even water skis if you are under the influence of alcohol or drugs. Just like in a car, the legal limit for a boat is a 0.08 blood alcohol level.
If you are caught, you face a Class 2 Misdemeanor. This means:
- You will pay a fine of at least $250.
- It goes on your permanent criminal record forever.
- You could go to jail for up to 60 days.
Will a BWI Suspend My North Carolina Driver’s License?
Here is a major secret that very few people know. No, a BWI does not automatically suspend your car driver’s license.
When you drive a car on the road, you fall under “Implied Consent” laws. If you refuse a breath test in a car, you lose your license for a full year. A boat is different. BWI is not an implied consent crime. If you refuse the breath test on the lake, the DMV cannot take your car keys away.
However, refusing the test does not mean you are safe. The police can still ask a judge for a search warrant to draw your blood. And if you are convicted of the crime, the criminal record can still ruin your life!
What Are the Crime Statistics in Guilford County?
Our local courts are incredibly busy. According to state data, the Guilford County Courthouse handles tens of thousands of cases every single year.
Did you know that over 67% of arrests in our county over a recent ten-year period were for low-level, non-violent crimes? The police spend a massive amount of time arresting everyday people for simple mistakes.
When it comes to impaired driving, the North Carolina Department of Public Safety (NC DPS) and state reports show there are around 24,000 impaired driving convictions in NC every year. Here is the scariest statistic: 92% of those people just gave up and pled guilty.
Do not just give up. Pleading guilty gives you a permanent criminal record. This can hurt your job, your background checks, and even cause massive custody issues in family court.
How Can Attorney Micah Huggins Protect You?
When you are charged with a crime, you need a champion. At Huggins Law Firm, we look at all the facts.
Did the officer have the right to board your boat? Did they test your balance fairly while standing on a rocking boat? We fight the evidence to protect your freedom. Because we also handle personal injury and estate planning, we know how one bad accident on the lake can change your whole family’s future. We treat you with empathy, and we fight to win.
Key Takeaways About Boating While Impaired in NC
- Safety Checks: Wildlife officers can board your boat at any time for a safety check, without needing a reason.
- The Legal Limit: The legal limit for driving a boat in NC is 0.08, just like a car.
- Your Driver’s License: A BWI conviction does not automatically suspend your car driver’s license because boats are not under “Implied Consent” laws.
- Real Punishments: A BWI is still a Class 2 Misdemeanor. It means heavy fines, a permanent criminal record, and possible jail time.
- Never Just Plead Guilty: With 92% of people pleading guilty to impaired driving charges, the system wants you to give up. We fight to keep your record clean.
10 of the Most Common Questions Asked About BWI Laws in NC
When boaters call our office after a long holiday weekend, they ask a lot of questions. Here are the top ten questions people ask us about boating and alcohol, answered in plain English.
1. Is it illegal to drink alcohol on a boat in North Carolina?
No! It is perfectly legal for passengers to drink alcohol on a boat. It is even legal for the driver to drink, as long as the driver is not “impaired” and stays under the 0.08 limit.
2. Can I get a BWI on a kayak or a canoe?
Yes. The law applies to any “vessel.” Even if your boat does not have a motor, like a canoe, kayak, or sailboat, you can still be charged with a BWI if you are impaired.
3. Do I have to do balance tests on a moving boat?
The police will usually ask you to perform seated tests (like following a pen with your eyes) or they will take you to the shore to do walking tests. Doing balance tests on a rocking boat is incredibly unfair, and we fight those results in court.
4. What happens if I am caught driving a boat drunk and I crash?
If you crash and hurt someone while impaired on a boat, the charges jump from a misdemeanor to a serious felony. You could face years in state prison.
5. Can I drink at Lake Brandt or Lake Townsend?
While state law allows drinking on many waters, you must check local city rules. Lake Brandt and Lake Townsend are run by the City of Greensboro, which has strict rules against alcohol in their parks and facilities.
6. Will a BWI show up on my background check for a job?
Yes. A BWI is a Class 2 Misdemeanor. It will show up on background checks and can stop you from getting a job, renting an apartment, or getting a professional license.
7. Can the police search my coolers on the boat?
If the police board your boat for a safety check, they cannot just start digging through your closed coolers without your permission or “probable cause” (like seeing an underage person holding a beer).
8. Does a BWI affect my boat insurance?
Yes. Just like a car, your boat insurance company will see the criminal conviction. They can raise your monthly rates or drop your coverage completely.
9. What is the penalty for an underage person drinking on a boat?
If you are under 21, the legal limit is 0.00. You cannot have any alcohol in your system. You will face underage drinking charges and a BWI if you are driving the boat.
10. Why should I hire Huggins Law Firm for a boat ticket?
Because the laws for boats are totally different than the laws for cars! You need a lawyer who understands the tiny details of maritime and wildlife laws so you don’t accidentally ruin your record. We do all the hard work for you.
