Days are getting warmer and summer is just around the corner in the Lakes Region. For many, hot days may be associated with taking the boat out and enjoying a cold drink. There are several things to keep in mind before driving a boat with alcohol on board.

New Hampshire’s Boating While Intoxicated (BWI) laws prohibit operating or attempting to operate a motorboat or other watercraft while impaired by drugs or alcohol. The laws encompass a wide variety of motorized and non-motorized vessels, including motorboats, jet skis, sailboats, canoes, kayaks, and even paddleboards.

Like driving on roads ashore, when you operate a watercraft on public water you have consented to certain sobriety tests to determine if you are impaired. Failure to consent to these sobriety tests can be used against you in court and will cause an automatic loss of your driver’s license and your boating license. Additionally, the time of license suspension depends on whether there are prior refusals on record and/or prior convictions.

If you are convicted of BWI, you could face several penalties, including:

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

Increased penalties, including incarceration, may be imposed when watercraft drivers are also found to be guilty of aggravating factors, such as excessive speed, a collision causing serious bodily injury, carrying passengers under 16, or having a blood alcohol content above 0.16%.

If you are charged with BWI, you should contact a criminal defense lawyer as soon as possible.

At Wescott Law, our experienced attorneys pride themselves in providing sound counsel and zealous advocacy for clients. Wescott Law is dedicated to serving the legal needs of individuals and businesses in the Lakes Region and beyond. Our main office is located in Laconia with satellite locations in Meredith and Plymouth.