On The Water
G.S. 75A-10 — 0.08 at any relevant time after the boating, and a $250 floor
In North Carolina, the boating chapter makes impaired operation and reckless operation offenses on the waters of the state, and reaches water skis, surfboards and nonmotorized vessels as well as motorboats.
0.08 at any relevant time after. No person operates a vessel underway while under the influence of an impairing substance, or after consuming enough alcohol to have an alcohol concentration of 0.08 or more at any relevant time after the boating. Being legally entitled to use alcohol or a drug is not a defense.
A Class 2 misdemeanor, and $250. Operating a vessel while impaired is a Class 2 misdemeanor, and on conviction the fine is not less than two hundred fifty dollars ($250.00). Manipulating water skis, a surfboard or a nonmotorized vessel while impaired, or operating recklessly, is also a Class 2 misdemeanor.
What is aboard. Every vessel propelled by machinery of 10 hp or less carries a personal flotation device, life belt, ring buoy or similar device for each person on board, and from one-half hour after sunset to one-half hour before sunrise a white light or a working hand flashlight. No one operates or permits the operation of a vessel not equipped as the section requires.
| The assumption | What the law actually does |
|---|---|
| The assumptionPaddling after drinking is not a boating offense | What the law actually doesManipulating a nonmotorized vessel while impaired is a Class 2 misdemeanor |
| The assumptionThe test has to be taken while still on the water | What the law actually doesThe 0.08 figure counts at any relevant time after the boating |
Registration and numbering, boating education, the rest of the equipment rules and the higher penalties for repeat offenses are not all on this page. What a particular citation carries is a question for a licensed North Carolina attorney.
Sources for this section (2)
- G.S. 75A-10 — Operating a vessel recklessly or while impaired
- G.S. 75A-6 — Classification of vessels; equipment rules
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.