The penalties for BWI are similar to DWI but with more consequence to your boaters license. You will also lose your driving license as well. Simply being charged with BWI does not mean you’re guilty. Call Attorney Howie today for a free Consultation.
265-A:19 Penalties for Boating While Intoxicated. –
I. Any person convicted of a violation of RSA 265-A:2, II or RSA 630:2 or RSA 630:3, or RSA 631:1, RSA 631:2, RSA 631:2-a, or RSA 631:3 when the offense was committed by means of his or her operation or attempted operation of a boat shall not operate a boat on the waters of this state for a period of one year from the date of his or her conviction, whether or not such conviction is appealed. Any person operating or attempting to operate a boat during such a period is guilty of a misdemeanor.
II. Any person convicted of a violation of RSA 265-A:2, II who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the person completes a substance use disorder evaluation administered by a service provider indicated by an IDCMP, complies with the service plan developed from the substance abuse disorder evaluation, and completes a department of health and human services approved impaired driver education program; provided however, that if the person has previously completed such a program within the past 5 years and provides required proof, that shall serve as fulfillment of the impaired driver education program requirement. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.
III. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.
IV. Any person who is convicted of a violation of RSA 265-A:2, II shall be subject to the same penalties as a person convicted of a violation of RSA 265-A:2, I as specified in RSA 265-A:18. Any person who is convicted of a violation of paragraph II of this section shall be subject to the same penalties as a person convicted of a violation of RSA 265-A:3 as specified in RSA 265-A:18.