The BUI laws in North Carolina make it illegal to operate a boat or other vessel while impaired by alcohol, drugs, or another impairing substance. The law also prohibits operating a vessel while underway with an alcohol concentration of 0.08 or higher.
A boating under the influence charge can lead to criminal penalties, including fines, probation, jail time, and a record. If an impaired operator caused an accident, that conduct may also support an injury claim by a passenger, swimmer, another boater, or someone else who was hurt.
If you were injured in an accident involving suspected impaired boating, a North Carolina boating accident lawyer can help you understand your next step.
What Does BUI Mean Under North Carolina Law?
BUI under North Carolina Law stands for boating under the influence. These laws deal with the operation of a vessel while impaired by alcohol, drugs, or another impairing substance.
A person may violate North Carolina BUI law by:
- Operating a vessel while under the influence of an impairing substance.
- Operating a vessel after consuming enough alcohol to have an alcohol concentration of 0.08 or more at any relevant time after boating.
- Manipulating water skis, a surfboard, a nonmotorized vessel, or a similar device while impaired.
A BUI charge does not require a crash. Officers may investigate impaired boating after observing unsafe operation, a safety violation, or signs of alcohol or drug use during a waterway stop.
What Boats and Watercraft Are Covered by BUI Laws?
The BUI laws in North Carolina can apply to many types of boats and recreational watercraft. The law is not limited to large motorboats.
Watercraft and activities that may fall under North Carolina BUI laws can include the following:
- Motorboats
- Personal watercraft, including Jet Skis
- Sailboats
- Nonmotorized vessels
- Water skis
- Surfboards
- Similar recreational devices used on the water
What Penalties Can Follow a North Carolina BUI Charge?
A North Carolina BUI charge can carry criminal penalties. Depending on the facts, a conviction may lead to fines, probation, court costs, jail time, and other consequences.
Penalties may increase when the impaired boating incident caused a serious injury or death. North Carolina law includes separate impaired boating offenses for serious injury and death, and those charges can carry far more serious consequences than a standard BUI charge.
A BUI can also create problems beyond the criminal court. A conviction may affect employment, professional licensing, insurance, and future background checks. If someone was injured, the impaired operator may also face a civil claim for damages.
Can an Impaired Boat Operator Be Liable for Injuries?
Yes. If an impaired boat operator caused an accident, that person may be liable for the injuries and losses caused by the crash. Impaired operation can be strong evidence that the operator failed to use reasonable care on the water.
An impaired boating accident may injure:
- Passengers on the same boat.
- People on another boat.
- Swimmers.
- Jet ski riders.
- Tubers or water skiers.
- People on docks or near marinas.
A civil injury claim is separate from the criminal BUI case. The state may pursue criminal charges, while the injured person may pursue compensation for medical bills, lost income, pain, suffering, and other losses. Evidence from the BUI investigation may help support the injury claim.
How Is BUI Different From DWI?
BUI and DWI both involve impaired operation, but the setting and evidence are different. DWI usually involves a motor vehicle on a road. BUI involves a vessel or water-related device on public waters.
Boating investigations often involve conditions that do not exist in a roadside stop, including:
- Waves and boat movement.
- Sun exposure and heat.
- Wet surfaces.
- Wind and noise.
- Multiple passengers.
- Limited visibility.
- Delayed officer response after an accident.
These factors can affect field observations, witness accounts, and how the officer evaluates impairment. They can also affect how an injury claim is reviewed after a crash.
What Should You Do After Being Hurt by an Impaired Boat Operator?
After being hurt by an impaired boat operator, you should follow your medical treatment plan and contact a lawyer before giving detailed insurance statements or accepting a settlement.
Once your immediate medical needs have been addressed, the next step is protecting the evidence and your injury claim.
A lawyer can help by:
- Reviewing the accident report, BUI records, and any available test results.
- Identifying who may be liable for the accident.
- Gathering witness statements, photos, videos, and other evidence.
- Preserving rental, marina, maintenance, or vessel records when they apply.
- Reviewing insurance coverage that may be available.
- Handling communication with insurers.
- Calculating medical bills, lost income, pain, suffering, and other losses.
- Monitoring how the criminal BUI case may affect the injury claim.
You should also keep copies of medical bills, discharge papers, follow-up instructions, and any communication from insurers or other parties. If an insurer offers a quick settlement, speak with a lawyer before signing anything.
If a criminal BUI case is pending, that process may affect the timing and evidence in your injury claim. A lawyer can review both sides of the situation and help you decide what to do next while the criminal case moves forward.
Talk to Auger & Auger About North Carolina BUI Laws and Boating Injury Claims
North Carolina BUI laws can lead to serious criminal penalties for impaired boat operators. When impaired boating causes an accident, it can also support a personal injury claim by the person who was hurt.
If you were injured in a boating accident involving suspected alcohol or drug impairment, contact Auger & Auger Accident and Injury Lawyers. We are a local, family-owned law firm that has served the Carolinas since 1995, and our lawyers have an average of 19 years of personal injury experience.
Call now for a FREE CONSULTATION.
