Boating while intoxicated - what's the big deal?

Some people are probably surprised to hear that BWI - Boating While Intoxicated - is prosecuted at all. From all appearances, the boating lifestyle seems to go hand in hand with open consumption of alcoholic beverages on the boat, right? And how will anyone get pulled over in the first place - it's not like you can commit a "lane violation", right?

But boating is, of course inherently dangerous. NH's lakes are full of hidden boulders and other hazards. Many boat operators travel too fast or do not pay sufficient attention to other boats and swimmers. Impairment by alcohol or drugs heightens the danger, to the passengers on the boat, and to others in harm's way. Certainly, these are principles that the NH Marine Patrol strongly agree with. They vigorously enforce BWI laws. And if you get convicted of BWI, you don't just lose your boating license. You lose your driver's license.

Boating while Intoxicated - what's different?

What's different? Lots.

  • Marine patrol officers can stop a boat without reasonable suspicion of any crime, in order to assess whether the boat is carrying all safety equipment required by law. Police officers, by contrast, cannot stop cars absent reasonable suspicion that the driver is violating a traffic law or criminal law, with the narrow exception of certain "community caretaking" situations.
  • Marine Patrol officers use their own weird set of field sobriety tests, because "standing on one leg for 30 seconds" is not a very practical test when on board a boat.
  • Boating while intoxicated cases are much more difficult to prove than driving while intoxicated, if the person arrested refuses a breath or blood test. Some of the signs of DWI that police officers look for - flushed (reddened) face, difficulty balancing, difficulty with coordination, open containers of alcohol on board - are normal for boating.

Boating while Intoxicated - what's not different?

  • The penalties are the same- all the DWI penalties against the defendant's driver's license, plus a one year suspension of boating license (or longer if the suspension of operating privileges is longer than one year).
  • Motors are irrelevant. Riding a bicycle under the influence, sailing a "Sunfish" sail boat with no motor under the influence, and standing on a stand-up paddleboard under the influence, are just as illegal as driving a car or piloting a motor boat under the influence.
  • Prior convictions for DWI or BWI within 10 years result in much more severe penalties.

We handle BWI cases.

Our DWI / BWI lawyers handle BWI cases. Most of them originate from the Lakes Region, especially Lake Winnipesaukee. Many of our clients have out-of-State licenses because they come to NH for a vacation, or to a second home.