In the state of North Carolina, we have long and hot, but beautiful summers.  With the break of spring and leaves on the trees, many people man-in-handcuffsare going to take to the local rivers, creeks, and lakes, to escape the hot sun.  However, with the warm weather and long days, comes the desire to consume alcoholic drinks.  This is what is to be expected when one decides to kick back and enjoy some free time; but, it is important to drink responsibly when driving a vehicle, and also operating boats.

Boating in the state of North Carolina is monitored by the Boating Safety Act, of which boating while intoxicated also falls under the purview of the following:

§ 75A‑10.  Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.

(a)        No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(b)        No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.

(b1)      No person shall operate any vessel while underway on the waters of this State:

(1)        While under the influence of an impairing substance, or

(2)        After having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more.

(b2)      The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under subsections (b) and (b1) of this section. The relevant definitions contained in G.S. 20‑4.01 shall apply to subsections (b), (b1), and (b2) of this section.

(b3)      A person who violates a provision of subsection (a), (b), or (b1) of this section is guilty of a Class 2 misdemeanor.

(c)        No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(d)       No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A‑290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(e)        A person who willfully violates subsection (d) of this section is guilty of a Class 1 misdemeanor. A person who is willfully violates subsection (d) of this section and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($50,000) per day of violation.