Warm weather has returned to the Lakes Region, which means it’s time to get out and enjoy New Hampshire’s beautiful lakes. While a day on the lake is often accompanied by cold beverages, it is important to enjoy your summer fun safely and responsibly.

Boating Under the Influence (“BUI”) laws prohibit operating or attempting to operate a boat while impaired by drugs or alcohol. You can be charged with BUI for operating any watercraft, motorized or non-motorized, including motorboats, jet skis, sailboats, canoes, kayaks, and even paddleboards.

Like driving on land, when you operate a boat on public water you have consented to certain sobriety tests to determine if you are impaired by drugs or alcohol. Failure to consent to these tests can be used against you at trial and will cause an administrative loss of your driver’s license.

Those convicted of BUI face several penalties, including:

• Suspension of boater operation privileges for one year
• Suspension of driver’s license for at least nine months, up to two years
• A minimum $500 fine
• Mandatory completion of the impaired driver program
• A criminal and motor vehicle conviction

Increased penalties, including incarceration, may be imposed when boaters are also found to be guilty of one of the following aggravating factors:

• Operating a boat more than 30 miles per hour over the speed limit
• Causing a boating collision resulting in serious bodily injury
• Attempting to flee pursuit by law enforcement
• Carrying a person under the age of 16 as a passenger
• Having an alcohol concentration of 0.16 or more

If you are charged with BUI, it is advisable to contact a criminal defense lawyer as soon as possible. Wescott Law’s experienced attorneys pride themselves in providing sound counsel and zealous advocacy.  Give us a call today.