Boating While Impaired or BWI is one of the most common charges in North Carolina over the summer months, with the Department of Wildlife Resources, local law enforcement, and even the coast guard on North Carolina waterways looking for offenders, this misdemeanor charge can be very serious for the person charged. If you are charged with a BWI it is important that you have capable and experienced representation on your side. This article will answer some of the frequently asked questions that Jetton and Meredith’s criminal defense team gets from its BWI clients.
What is Boating While Impaired?
Passed in 2016, North Carolina has made it illegal to operate a vessel on a public waterway while being impaired. Impairment in this instance is similar to the laws that govern driving while impaired. Simply put, it means that someone has taken enough of an impairing substance to lose the normal control of his or her physical or mental faculties, or both, such that there is an appreciable impairment of either or both of these faculties.
It is important to know that a vessel is not just a motorized boat, it can mean non-motorized vehicles as well such as a sailboat.
How is BWI punished?
In North Carolina, BWI is punished as a class 2 misdemeanor. This means that, depending on your prior record, you can be sentenced to up to sixty (60) days in jail.
Are there any more serious versions of this crime?
Yes, just because you have only been charged with a BWI to begin with does not mean that depending on the facts of your case, it can’t be up-charged to a more serious charge. Some of these more serious charges are:
- Serious Injury by Impaired Boating – a Class F felony
- This occurs when there is an accident and the offender causes “serious injury” to another person
- Aggravated Serious Injury by Impaired Boating – a Class E felony
- This occurs when there is an accident that causes serious injury and the offender has a prior BWI conviction in the past seven (7) years
- Death by Impaired Boating – A class D felony
- This occurs when there is an accident that causes the death of someone
- Aggravated Death by Impaired Boating – a class D felony
- This occurs when there is an accident that causes the death of someone and the offender has a prior BWI conviction in the past seven years
- Repeat Death by Impaired Boating – a class B2 felony.
- This occurs when there is a BWI accident that causes the death of another person and there is a prior conviction for either Death by Impaired Boating or Aggravated Death by Impaired Boating.
I’ve been charged with BWI, what should I do?
First, you should immediately contact an attorney. A lot of what you say and do can and will be used against you. Similar to a DWI, there isn’t a one-size fits all answer to what you should do or say to an officer when you are being investigated for this kind of charge.
If you have been charged with a BWI contact the criminal defense team at Jetton and Meredith today!