Labor Day marks the unofficial end of summer around these parts, and I thought I’d mark the occasion with a post related to boating (a favorite summer pastime) and crime (since this is, after all, the criminal law blog). Specifically, this post discusses the crime of boating while impaired. G.S. 75A-10(b1) prohibits the operation of 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. In addition, G.S. 75A-10(b) bars a person from “manipulat[ing] any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.” Violation of either provision is a Class 2 misdemeanor. Practitioners of motor vehicle law will readily recognize similarities between G.S. 75A-10 and G.S. 20-138.1, the statute prohibiting driving while impaired. Indeed, G.S. 75A-10(b2) provides that relevant definitions contained in G.S. 20-4.01 apply to its provisions criminalizing impaired boating, skiing and surfing. Thus, the Chapter 20 definitions for “under the influence of an impairing substance,” “alcohol,” and “alcohol concentration,” as well as the “relevant time after” portion of the “relevant time after driving” definition apply to the determination of whether a boater, skier or surfer was impaired. Other terms such as “vessel,” “underway” and “waters of this State” are separately defined in G.S. 75A-2, along with the term “operate,” which means [...]
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