Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

New Hampshire law prohibits anyone from boating while intoxicated (BWI)—that is, operating any vessel (including vessels propelled by a motor or sail, canoes, and kayaks) while under the influence of alcohol, controlled drugs, or any combination of alcohol and controlled drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol.

The following conditions determine if you are boating under the influence.

• If your blood alcohol concentration is 0.08% or greater by weight of alcohol as determined by a breath, blood, or urine test, you are considered to be under the influence of alcohol.
• If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence.

New Hampshire law establishes the following penalties.

• Persons convicted of boating under the influence will:
  • Lose the privilege to operate a vessel for at least one year.
  • Have the BWI conviction become part of their motor vehicle driving record.
  • Receive a fine.
  • Have their driver’s license or privilege to drive a motor vehicle revoked for not less than nine months, not to exceed two years.
• If convicted of boating under the influence while transporting a person under 16 years of age, the operator must complete a seven-day residential intervention program at their own expense, in addition to the penalties above.
• Any person convicted of a subsequent offense—BWI or DWI—faces enhanced penalties.
• If a person boating under the influence causes the death of another person, he or she may be charged with a felony.

By operating a vessel on New Hampshire waters, you have consented to a sobriety test if requested by a law enforcement officer. Refusal to be tested is a separate offense and may be offered as evidence in a civil or criminal action.

The best thing you can do for your safety and the safety of your passengers and other boaters is simple— Don't drink and boat!

Areas of Impairment Due to Blood Alcohol Concentration (BAC) Because you can drink faster than your system can burn off the alcohol, there is an increasing level of alcohol in your blood. This level is referred to as Blood Alcohol Concentration (BAC).