o An officer must have reasonable suspicion to stop the vehicle.
o An Implied Consent Offense - Any person who drives a vehicle on a highway or public vehicular area, thereby gives consent to a chemical analysis if charged with an implied-consent offense. Refusal to submit to the test results in a mandatory one year license revocation. (G.S. 20-16.2)
o 30 day Civil Revocation of license under certain conditions. (G.S. 20-16.5)
o Standardized Field Sobriety Tests are admissible in court.
o Defined as a Misdemeanor. Requires a sentencing hearing to determine punishment. (G.S. 20-138.1 and G.S. 20-179)
Boating Under the Influence
o An officer does NOT need reasonable suspicion to stop the vessel.
o NOT an Implied Consent Offense - Any person who operates a vessel is NOT required to consent to a chemical analysis. An officer can obtain a chemical analysis in the following ways ways: (1) Consent, (2) Search Warrant, or (3) Exigent Circumstances.
o Being charged, convicted, and/or refusing a chemical analysis does NOT effect your driver's license.
o Standardized Field Sobriety Tests, with the exception of HGN, are not often used on the water. Non-validated tests may be inadmissible in court.