Can you drink a beer on a boat in NC? What to know about the state’s BUI laws

Boating season has arrived in North Carolina, with many already hitting the water to beat the heat.

Having a beer on the lake is common during those 90-degree days, but it can also be dangerous.

Alcohol use is the leading known contributing factor in fatal boating accidents, and it was listed as the leading factor in 16% of deaths in 2022, according to the most recent report from the U.S. Coast Guard.

Luckily, North Carolina has laws that protect people on the water.

Here’s what to know about the state’s boating while under the influence laws.

What are the laws on drinking + boating in NC for drivers & passengers?

According to state law, it is illegal to operate a boat “while under the influence of an impairing substance” or “in a reckless or negligent manner so as to endanger the life, limb, or property of any person.”

Similar to driving statutes, a person is in violation of the law “after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more,” the law says.

While it is against the law to drive a boat while impaired, it is legal for passengers to consume alcohol while on a boat, according to Glover Law Firm, a firm based in eastern North Carolina.

What happens if you break the law?

Violations of North Carolina’s BWI law are a class two misdemeanors, according to the law

If convicted, you could be fined a minimum of $250, the law says.

People who are found guilty of breaking the law could also face up to 60 days in jail or probation, according to NC-based Wentz Law Firm.

Do you need a license to drive a boat in NC?

You don’t need a license to drive a boat in North Carolina.

However, any person born on or after Jan. 1, 1988, must complete a National Association of State Boating Law Administrators-approved boating education course before operating a boat with 10 horsepower or greater, according to state law.

Boating education courses can be completed in-person or online. There is no minimum age requirement, but the course is taught at a sixth-grade level, and a written exam must be completed to pass the class, NCWRC says.