N.C. Gen. Stat. » Chapter 75A
NC General Statutes

N.C. Gen. Stat. § 75A-10 (2026)

Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc

✓ current as of July 2026
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(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(b) No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.

(b1) No person shall operate 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.

(b2) The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under subsections (b) and (b1) of this section. The relevant definitions contained in G.S. 20-4.01 shall apply to subsections (b), (b1), and (b2) of this section.

(b3) A person who violates a provision of subsection (a) or (b) of this section is guilty of a Class 2 misdemeanor.

(b4) A person who violates subsection (b1) of this section is guilty of a Class 2 misdemeanor, and upon conviction, in addition to any other penalty imposed, shall be fined not less than two hundred fifty dollars ($250.00).

(c) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(d) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A-290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(e) A person who willfully violates subsection (d) of this section is guilty of a Class 1 misdemeanor. A person who willfully violates subsection (d) of this section and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($50,000) per day of violation. (1959, c. 1064, s. 10; 1965, c. 634, s. 3; 1985, c. 615, ss. 1-5; 1989, c. 742, s. 1; 1995, c. 506, s. 14; 2006-185, s. 1; 2013-380, s. 5; 2016-34, s. 3.)

 

Notes of Decisions
Cited in 4 cases, 1961–2000 · leading case: State v. Hudson, 473 S.E.2d 415 (N.C. Ct. App. 1996).
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State v. Hudson, 473 S.E.2d 415 (N.C. Ct. App. 1996). · cites it 16× “Defendant appeals convictions of three counts of involuntary manslaughter based upon violation of N.C. Gen. Stat. § 75A-10, “Operating boat .”
State v. Pike, 532 S.E.2d 543 (N.C. Ct. App. 2000). · cites it 2× “However, after the safety inspection, defendant was arrested and charged with the criminal offense of operating a motor vessel while impaired (OWI) in violation of N.C. Gen. Stat. § 75A-10(bl)(2). At trial, defendant entered a plea of not guilty, was tried and found guilty.”
Grindstaff v. Watts, 119 S.E.2d 784 (N.C. 1961). “G.S. 75A-10. Plaintiff excepts to the exclusion of evidence tending to show that there were, as of 7 September 1960, the following categories of motorboats propelled by machinery greater than ten horse power, registered in North Carolina: Regular, 36,231; dealers, 230; public,…”
State v. Hudson, 483 S.E.2d 436 (1997). · cites it 2× “Both experts also testified that the larger boat overran the smaller. The Court of Appeals set aside defendant’s three involuntary manslaughter convictions and ordered a new trial, holding that the separate charge of operating a motor boat while impaired (DWI boating), see N.”
N.C. Gen. Stat. § 75A-10(bl): 1 case
State v. Hudson, 473 S.E.2d 415 (N.C. Ct. App. 1996). “Defendant appeals convictions of three counts of involuntary manslaughter based upon violation of N.C. Gen. Stat. § 75A-10, “Operating boat .”
N.C. Gen. Stat. § 75A-10(bl)(2): 1 case
State v. Pike, 532 S.E.2d 543 (N.C. Ct. App. 2000). “However, after the safety inspection, defendant was arrested and charged with the criminal offense of operating a motor vessel while impaired (OWI) in violation of N.C. Gen. Stat. § 75A-10(bl)(2). At trial, defendant entered a plea of not guilty, was tried and found guilty.”
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