Read about the consequences—including fines and jail time—of boating under the influence (BUI) in North Carolina.
In addition to laws prohibiting driving while intoxicated, North Carolina has laws that make it illegal to operate a boat while under the influence of drugs or alcohol. This article explains North Carolina's boating under the influence (BUI) laws and the penalties you'll face for a BUI conviction.
North Carolina's Boating Under the Influence (BUI) Laws
North Carolina law prohibits operating a motorboat or vessel while under the influence of drugs or alcohol. The state's boating under the influence (BUI) laws cover not only motorized boats, but also water skis, surfboards, nonmotorized vessels (such as a sailboat or paddleboat), and other similar devices. A person can be convicted of a BUI for either:
- operating a vessel while under the influence of an impairing substance, or
- having "at any relevant time after boating" an alcohol concentration of .08% or more.
"Under the influence" means the person has taken enough drugs and/or alcohol "to lose the normal control of his [or her] bodily or mental faculties, or both, to such an extent that there is an appreciable impairment of either or both of these faculties."
North Carolina's Boating Under the Influence (BUI) Penalties
Most North Carolina BUIs are class 2 misdemeanors. The sentence a court can impose depends on the offender's criminal history. But generally, North Carolina BUI offenders face $250 to $1,000 in fines and a maximum of 60 days in jail. It's common for judges to sentence BUI offenders to probation, either supervised or unsupervised, and pay a fine.
North Carolina's Enhanced Penalties Under Sheyenne's Law
North Carolina enacted "Sheyenne's Law" in June 2016. This new legislation enhanced the consequences for BUI offenses involving certain aggravating factors. The enhanced penalties are:
- "Serious injury by impaired boating." A BUI offender who causes "serious injury" to another person can be convicted of a class F felony—an offense that carries ten to 41 months in prison.
- "Aggravated serious injury by impaired boating." A BUI offender who causes serious injury to another person and has a BUI conviction within the past seven years can be convicted of a class E felony—an offense that carries 15 to 63 months in prison.
- "Death by impaired boating." A BUI offender who causes the death of another person can be convicted of a class D felony—an offense that carries 38 to 160 months in prison.
- "Aggravated death by impaired boating." A BUI offender who causes the death of another person and has a BUI conviction within the past seven years can be convicted of an aggravated class D felony—an offense that carries 64 and 160 months in prison.
- "Repeat death by impaired boating." A BUI offender who causes the death of another person and has a prior conviction for death by impaired boating or aggravated death by impaired boating can be convicted of a class B2 felony—an offense that carries 94 and 393 months in prison.
In addition to imprisonment, a judge can impose a fine for any of the BUI classifications involving injury or death.
Talk to an Attorney
If you've been arrested for or charged with boating under the influence in North Carolina, get in contact with an experienced DUI/BUI attorney. The facts of every case are different. A good DUI/BUI attorney should be able to explain how North Carolina BUI law applies to the facts of your case and help you decide the best course of action.
