Quote:
Originally Posted by Lakegeezer
This web site from PA implies that BWI laws do not apply to non-powered boats, such as Kayaks (KWI). Are those same exceptions relevant in NH?
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No, those exceptions are not relevant in New Hampshire. You can be arrested and convicted of Boating While Intoxicated in New Hampshire regardless if the boat is operated by power, sail, or paddle.
Here are excerpts from the two applicable RSAs:
265-A:2 Driving or Operating Under Influence of Drugs or Liquor; Driving or Operating With Excess Alcohol Concentration. –
II. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug or drugs, or while such person has an alcohol concentration of 0.08 or more or in the case of persons under the age of 21, 0.02 or more.
265-A:1 Definitions. – In this chapter:
II. ''Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.
V. ""Operate,'' when used in relation to a boat, means to drive, paddle, row, or exercise control over any boat unless the boat is at anchor, docked, made fast, or moored.