It is illegal to boat while intoxicated in New Hampshire. If you are found guilty, you will suffer the same penalties as DWI, which includes mandatory license suspension of your regular license, a year boating license suspension, and it is a criminal offense.
A major difference between BWI and DWI investigation is the field tests which are administered. While some tests are the same, many are different, and the police (often marine patrol) often have you do these tests on your boat. Needless to say, it is difficult to do various tests while a boat is bouncing around in water.
We have handled many BWI cases including multiple not guilty verdicts at trial. If you have been charged with BWI, give us a call to see how we can help.
No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug or drugs, or while such person has an alcohol concentration of 0.08 or more (Or in the case of persons under the age of 21, 0.02 or more.)
This crime is identical to the DWI ability impaired and per se offense, except that instead of proving operating a vehicle on a way, the State must prove operating a boat.
''Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.[1]
"Operate,'' when used in relation to a boat, means to drive, paddle, row, or exercise control over any boat unless the boat is at anchor, docked, made fast, or moored.[2]