North Carolina’s Boating Under the Influence (BUI) Laws and Penalties

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 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 vessel while under the influence of drugs or alcohol. North Carolina's laws define a vessel as every type of watercraft, other than a seaplane, that's capable of being used for transportation or habitation on the water. (N.C. Gen. Stat. §§ 75A-2, 75A-10 (2026).)

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.

(N.C. Gen. Stat. § 75A-10 (2026).)

Additionally, the state's BUI laws prohibit using water skis, surfboards, nonmotorized vessels, and other similar devices while under the influence. (N.C. Gen. Stat. § 75A-10 (2026).)

"Under the influence" means the person has taken enough drugs or alcohol to appreciably impair their physical or mental faculties. (N.C. Gen. Stat. § 20-4.01 (2026).)

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. North Carolina BUI offenders generally 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 a fine and either supervised or unsupervised probation. (N.C. Gen. Stat. § 15A-1340.23 (2026).)

North Carolina's Enhanced Penalties Under Sheyenne's Law

Under "Sheyenne's Law," the consequences for BUI offenses involving certain aggravating factors are enhanced. The increased 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 10 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 to 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 to 393 months in prison.

In addition to imprisonment, a judge can impose a fine for any of the BUI classifications involving injury or death. (N.C. Gen. Stat. §§ 15A-1340.17, 75A-10.3 (2026).)

Getting Help From 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.