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Summer is coming and each year, thousands of people enjoy boating on the New Hampshire waters. While it is still legal to have alcoholic beverages on your boat, it is illegal for anyone to be “boating while intoxicated” (BWI).

What Does BWI Mean?

According to the New Hampshire Handbook of Boating Laws & Responsibilities, boating while intoxicated means that if you’re “operating any vessel while under the influence of alcohol, controlled drugs, or any combination of alcohol and controlled drugs,” then you’re breaking the law.

The law defines a “vessel” as any watercraft “propelled by a motor or sail,” and it includes canoes and kayaks. In other words, if you’re in control of any watercraft, it is illegal to be under the influence of alcohol and/or any other controlled substance.

You should be aware of the serious penalties associated with a BWI charge. After all, the United States Department of Transportation published statistics that suggest a marked increase in BWI accidents in the last decades.

How Does New Hampshire Law Determine if You’re Boating Under the Influence?

New Hampshire BWI law works a lot like the DWI law in our state. Here are the key conditions under which you are boating under the influence:

• If you have a blood alcohol concentration of 0.08% or higher, you are under the influence of alcohol according to New Hampshire law. This weight of alcohol is determined by a breath, blood, or urine test.
• If you have a blood alcohol concentration that is greater than 0.03% but less than 0.08%, you still may be considered to be boating under the influence. The fact that your blood alcohol concentration is between 0.03% and 0.08% can be used, along with other evidence, to determine if you’re boating under the influence.

Keep in mind that the effects of alcohol often can be magnified when you’ve been under the sun for an extended period of time. And, it’s important to know that you’ve already consented to a sobriety test if you’re operating a boat. According to New Hampshire law, “by operating a vessel on New Hampshire waters,” you have already agreed to be tested if a law enforcement officer requests it. If you refuse, that’s actually a separate offense, and the fact of your refusal can be used against you as evidence in both civil and criminal actions.

What Are the Penalties If I’m Found Guilty of  BWI?

If you’re convicted of a boasting while intoxicated, you will subject to a number of penalties. These include:

• Losing the privilege to operate any vessel for at least a year
• Having the conviction placed on your motor vehicle driving record
• Receiving a fine
• Having your driver’s license, or your privilege to drive a motor vehicle, revoked for a period of time between 9 months and 2 years

Yes, you read that correctly. If you’re convicted of a BWI in New Hampshire, you can lose your motor vehicle driving privileges.

There are also additional penalties that you should be aware of. If you’re convicted while transporting any person under age sixteen, you’ll be required by law to complete a seven-day residential intervention program at your own expense, in addition to the penalties noted above.

As well, if you’re convicted of a subsequent BWI or DWI offense in New Hampshire, you’ll face more serious penalties than you would have without the first conviction.

And keep in mind, if a BWI charge causes the death of someone else, you can be charged with a felony.

The New Hampshire Tour Guide recently ran an article that reminded its readers of a serious BWI-related accident on Lake Winnipesaukee in 2008, which led to the death of a passenger and the incarceration of the convicted driver.

Be safe while operating vessels on the New Hampshire waters. If you are charged with a BWI, you’ll need an experienced and skilled defense attorney to help with your case.

A recent proposal will allow first-time DWI offenders in New Hampshire to be eligible for a “Cinderella,” or “work permit” driver’s license.

New Hampshire is in a small minority of U.S. states that doesn’t grant limited driving privileges to people who have been convicted for driving while intoxicated.

In fact, according to the New Hampshire Department of Motor Vehicles, our state is one of only five without provisions for restricted-use driver’s licenses after a first-time DWI conviction. While the new law is likely to see some changes to its language before it makes it to the House floor, it would allow a person convicted of a first-offenses only, to drive during limited hours and for specific purposes, such as driving to work, getting to medical appointments, and attending substance abuse meetings.

Pros and Cons in the History of the Bill

The bill was filed by House majority leader Stephen Shurtleff, a Democrat from Penacook. It comes just after New Hampshire instituted new DWI sentencing laws on January 1st. It seems that a majority of legislators and law enforcement officers are in favor of the “Cinderella” license, assuming that it is only used for first-time offenders.

For instance, the Union Leader reported that John Tholl, a state trooper who served as deputy Republican whip in the last legislature, gave his opinion on the bill before the Criminal Justice Committee. Tholl indicated that he is in favor of the bill, but only if it is truly limited to first-time offenders who have “absolutely” no history of DWI issues in the past. Tholl has been responsible for some of the crackdowns on people with drunk driving convictions who have tried to cheat certain in-car devices that prevent them from driving.

Similarly, Katherine Cooper, the executive director of the New Hampshire Association of Criminal Defense Lawyers, argued that first-time offenders tend to be “cured by education,” and the additional penalty of a total license suspension only puts their jobs, homes, and medical care at risk. Other advocates emphasize the lack of public transportation in New Hampshire, and that most of the state’s residents live in rural areas where driving is the only mode of transportation. The work-permit option for first-time offenders seems essential if we want these people to keep their jobs and pay their mortgages.

However, some people in our state argue that the bill would limit the deterrent effect of a total license suspension now associated with a DWI conviction. For example, Christopher Casko, an administrator with the New Hampshire Department of Safety, indicated that license suspension often is “the most meaningful part of the sentence” and typically “has the most deterrent effect.” He recommends that people convicted of driving under the influence should be subject to at least a minimum suspension without any “Cinderella” privileges.

What Does this Mean for New Hampshire Drivers?

If you have been convicted of a DWI and you are a first-time offender, you may soon be eligible for a restricted-use license, allowing you to drive to work, school, and other necessary appointments. And if you’re a resident who is concerned about these drivers on our roads, most advocates agree that first-time offenders are rarely convicted again, and they take these convictions very seriously.

A DWI conviction in New Hampshire can result in serious consequences, including long-term license losses, fines, and jail time under certain conditions. Unfortunately, once the fines have been paid and the jail time has been served, DWI convictions can also have a certain stigma attached. Many businesses utilize background checks now to review the personal history of a job applicant, including any criminal convictions. Fortunately, under certain conditions, New Hampshire law permits those convicted of a DWI to expunge the conviction.

The Requirements for DWI Expungement

In order to obtain an expungement for any criminal conviction, you must wait a period of time as required by law, which depends upon the crime. The period of time required to expunge a criminal conviction for DWI is longer than many other criminal offenses. A person convicted of a DWI or Aggravated DWI must wait for ten years from the date of conviction before filing a petition to expunge a DWI conviction.

To obtain an expungement, you or your attorney must apply for an expungement in the court where the person was convicted. The application may take place in person or by sending a notarized application the court. The person must also pay a required fee to apply. After the application is received, the court will set the date for a hearing, at which you or your attorney can argue as to why the court should expunge the conviction.

Generally, an expungement is allowed when the court determines that it is in the best interest of the public welfare or will help with your rehabilitation. The court may take into account the seriousness of your conviction, the sentence that was imposed, and your record since your conviction, among other factors.

The Effect of an DUI Expungement

Once an expungement is approved, the DWI conviction will not be erased. However, it will be marked on your record as having been expunged, and you must be treated as if you have never been convicted. An expunged DWI conviction may only be used against you in the future for purposes of sentencing in a new Aggravated DWI case.

Any driver who wishes to have a DWI expunged should contact an attorney who is experienced in dealing with DWI expungements. An expungement will allow you to obtain a clean record and remove any potential obstacles that a DWI conviction may create.