What BWI means
North Carolina makes it a crime to operate any vessel that is underway while under the influence of an impairing substance, or with an alcohol concentration of 0.08 or more at any relevant time after the boating. It is also a crime to use water skis, a surfboard, a nonmotorized vessel, or a similar device while under the influence of an impairing substance. Being legally allowed to use alcohol or a drug is not a defense.
BWI is found in the boating laws, not in the motor vehicle laws. That difference affects the penalties and how the case moves.
A BWI charge often comes after a long day on the water with friends or family. People are sometimes surprised that a boat can lead to a criminal charge at all. It can, and the case deserves the same careful attention as a DWI. The State still has to prove each part of the charge with legal evidence.
Who enforces it
BWI is often enforced by wildlife officers, as well as local police and sheriff’s deputies on the water. Officers may stop a boat to check safety equipment and registration. A safety check can turn into a BWI investigation if the officer sees signs of impairment.
The officer’s reason for approaching the boat, what the officer saw before the investigation began, and how the tests were given are all part of the review. We look at each of these, just as we would in a DWI case on the road.
How BWI cases differ from DWI
- The tests are harder to give on the water. A boat moves, and a dock is not a flat road. Balance tests may mean little after hours in the sun and wind.
- Sun, heat, wind, and wave motion can cause signs that look like impairment.
- The stop and the test may happen in different places, with a delay in between.
- Video may be limited or missing.
We look at each of these when we review a BWI case. We don’t accept the police report as fact.
Long days on the water also bring dehydration and fatigue. These can affect balance, speech, and the eyes, even without alcohol. A fair look at a BWI case accounts for all of this.
Possible consequences
A BWI conviction is a criminal conviction. Operating a vessel while impaired is a Class 2 misdemeanor, and a conviction brings a fine of at least $250 on top of any other penalty. It also creates a criminal record. How a BWI affects your driver’s license and your ability to operate a boat depends on the law that applies to your case and your record. Ask us before you assume either way.
A record can matter for jobs, housing, and professional licenses. Some people also hold a commercial driver’s license or a license that requires reporting a charge. Tell us about any license you hold, so we can look at the full picture before you make decisions.
Body camera and other video
If the officer wore a body camera, the recording is not a public record under G.S. 132-1.4A. A person in the recording, or that person’s North Carolina lawyer with consent, may ask in writing to view it. Getting a copy generally needs a superior court order. Recordings are kept only for the retention period, so it helps to act early.
Other records can matter too. These may include the officer’s notes, any test records, and records of the boat stop. We request what exists and review it against the officer’s report. We tell you the hard truth about what we find, good or bad.
What to do after a BWI arrest
- Keep every paper you were given, including any citation and release papers.
- Write down what you remember: the time, the weather, how long you were on the water, and what you ate and drank.
- List who was on the boat with you. They may be witnesses.
- Note whether any officer had a body camera.
- Do not post about the arrest online.
- Put your court date on your calendar.
Then call us. Early review helps us request records and video while they still exist.
Every case starts with listening. When you call, we ask what happened, where, and when your court date is. Then we explain the next steps in plain words and tell you what we need from you. We return calls promptly and keep you informed as the case moves.
Talk with us
We investigate rather than process, on the road or on the water. Bring your citation and any papers you received. Call (336) 281-2008 or request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is boating while impaired the same as DWI in NC?
No. BWI is a separate offense under North Carolina's boating laws, G.S. 75A-10. It applies to operating a vessel while impaired, or using water skis, a surfboard, or a similar device while impaired.
Does a BWI affect my driver's license?
It depends on the law that applies and your record. Ask a lawyer about your specific case before you assume anything about your license.
Can wildlife officers stop my boat?
Officers may stop a boat to check safety equipment and registration. If they see signs of impairment, the stop can become a BWI investigation.
Do I have to take a breath test on a boat?
The boating law does not have its own implied consent rules, and North Carolina's implied consent law for driving is written for people who drive a vehicle on a highway or public vehicular area. Whether a test could be required on the water depends on the facts, so talk with a lawyer about what happened in your case.