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Outer Banks Alcohol Laws

 In Local Government

Sand & surf. Wind & waves. Booze & the beach.

It doesn’t take more than a cursory glance at shopping carts coming out of the grocery stores or SUVs streaming out of ABC Store parking lots to know that alcohol is a major part of many a beach vacation. And for most folks, that isn’t a problem.

Until it is.

“Alcohol, while of course, it is widely used regularly, recreationally, and responsibly, it is also probably the No. 1 factor in bad decisions that people wind up making that have them encounter us,” says Capt. J.C. Towler Jr. of the Kill Devil Hills Police Department.

As with any area, locals will make some of those bad decisions throughout the year. But without a doubt, officials with local police departments and sheriff’s offices see dramatic increases in issues when the summer season is in full swing.

“We’re a tourist destination and a getaway and part of a lot of people’s getaway is enjoying a drink when they’re fishing or hanging out or doing whatever, and that’s fine,” Towler adds. “It’s when they get behind the wheel of a car or they have too much and start making poor choices, all the things that result from inebriation and bad decision-making.”

That means commonplace issues such as Driving While Intoxicated and fights between belligerent drinkers as well as scary situations such as falling off decks – or even tackling a rougher ocean than your altered state can handle.

“As with all beaches and oceans, there may be risks or situations where our judgment cannot be impaired,” Currituck County Sheriff’s Office Sgt. Joey Davidson says.

Davidson is part of the regular patrols for Currituck County that serve and protect from Duck to the Virginia state line. He pointed out several important reminders when it comes to drinking on the northern beaches:

Alcohol cannot be consumed at public beach access areas or boat ramps. (Illegal drugs and abusive language/behavior also are prohibited in these spots.) No one, sober or drunk, should approach the famed wild horses. And, oh yeah – just because you’re driving on the beach doesn’t mean you can do it after a day of drinking under your umbrella.

“There are state laws and county ordinances that prohibit driving while impaired on the beach strand, which can carry the same consequences as driving on the state highway,” says Davidson, adding that DWI charges are regular occurrences for folks traveling to Carova. “Our beaches are available for all to enjoy and are a big attraction to families which include children both big and small. The Currituck County Sheriff’s Office takes pride in ensuring that our beaches are kept safe and that a good experience is had by all.”

Davidson and Towler both highlighted the fact that many of the alcohol offenses on the beach come from folks who tend to be pretty calm and collected in their 9-to-5 jobs the rest of the year. Cutting loose while on vacation can come at a huge cost, though, especially when it comes to being in the ocean, or keeping track of kids in the surf.

Ocean Rescue, of course, is there to save the day whenever possible. Towler adds that lifeguards are tasked with rescuing swimmers in distress rather than enforcing rules on the beach. When it comes to alcohol, the rules are actually pretty simple.

In Kill Devil Hills, for instance, beer and “unfortified” wine are allowed on the beach, but mixed drinks and spirituous liquors are not. The National Park Service actually mentions on the Cape Hatteras National Seashore website that a state law prohibits the consumption of those types of alcohol in public.

“ ‘Supposed to’ being the operative word,” Towler says about the beer/wine only rule. “Nobody’s going to check your thermos to see if you’ve got a margarita in there, or coffee, but if you’ve got your tent set up with power cords running to it and a blender going with your mini-bar out there, then somebody is going to speak to you about that.”

KDH, Currituck, and most of the local municipalities do specify that glass containers are not allowed on the beach, for obvious safety reasons. Other than that, the beach police patrols keep an eye out for drunk-and-disorderly kinds of behaviors that may impact other beach-goers.

One of the biggest misconceptions about alcohol laws for visitors is the fact that it’s perfectly legal to walk down the sidewalk with a beer in your hand, Towler says. While North Carolina did away with its “open container” law in vehicles in 2000 – that rule had allowed passengers to have alcohol as long as the driver had none in his or her system – pedestrians are in the clear.

“Sometimes you need that one experience, and you take that lesson, and you apply it to the rest of your life, and you don’t do it again,” Towler says. “But some people seem to need a refresher lesson every week or month or so.”

Know these rules, and apply common sense and you’ll have a great summer vacation!

Steve Hanf
Author: Steve Hanf

Steve Hanf is a former professional sportswriter who teaches the journalism classes at First Flight High School. The dormant Nike Running Club app on his phone offers a reminder of the seven half-marathons and one full marathon he completed … several years ago. 

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