As summer heats up in the Lakes Region, many residents and visitors flock to the water to relax and recharge. Before launching your boat, paddleboard, jet ski or kayak, it’s worth knowing the potential consequences of operating under the influence.

What Is Boating Under the Influence (BUI)?

Under New Hampshire law, it is illegal to operate or attempt to operate any watercraft while under the influence of alcohol or drugs. Many do not realize that this applies to not only motorized boats, but also non-motorized vessels, including sailboats, canoes, kayaks, rowboats and paddleboards.

If you’re on public waterways, you’re deemed to have given “implied consent” to chemical testing. That means refusing to submit to a breath, blood or urine test can result in an automatic suspension of your driver’s license–not just your boating privileges.

Legal Limits and Testing

The legal blood alcohol concentration (BAC) limit for boating is the same as for driving: .08% for adults and .02% for those under 21. However, an arrest can still be made even if your BAC is below the legal limit if law enforcement believes your ability to operate a vessel is impaired.

Penalties for a BUI Conviction in New Hampshire

A first-offense BUI is classified as a misdemeanor, and the penalties can include:

• Loss of boating privileges for at least one year;
• Driver’s license suspension for a minimum of nine months, up to two years;
• A fine of no less than $500 (not including court costs and fees);
• Mandatory completion of an Impaired Driver Care Management Program (IDCMP); and
• A criminal record, which may impact employment, education, military service, insurance and travel.

If the offense involves aggravating factors, the penalties become more severe and may include jail time. These factors include:

• Boating at excessive speeds;
• Causing an accident resulting in serious bodily injury;
• Attempting to elude law enforcement;
• Transporting a child under age 16; and/or
• Having a BAC of 0.16 percent or higher.

Repeat offenders face harsher penalties, including longer license suspensions, larger fines, and mandatory jail sentences.

If you’ve been arrested or cited for BUI, we recommend speaking with an experienced criminal defense attorney as soon as possible. Contact us to schedule a consultation.