How is Boating Under the Influence different from Driving While Impaired?

Posted over 1 year ago. Applies to North Carolina, 1 helpful vote

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Driving While Impaired

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)

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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. o Class 2 Misdemeanor. (G.S. 75A-10)

Additional Resources

North Carolina General Assembly - G.S. 75A-10

NC Wildlife Resources Commission - Boating Regulations

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