BUI Laws by State (2026)
How each state handles boating under the influence (bui) and the penalties, from each state's code.
| State | Boating under the influence (BUI) |
|---|---|
| Alabama | Operating or being in actual control of a boat, or using water skis or a similar device, on state waters while impaired is illegal under the same conditions as DUI: a blood alcohol level of 0.08 percent or more (0.02 for anyone under 21), or being under the influence of alcohol, drugs or any impairing substance. It is punished the same way as DUI; a first conviction carries up to 1 year in jail and/or a $600 to $2,100 fine, and the license consequence applies to the person's vessel operating privilege or boater safety certification instead of the driver's license. The minimum punishment doubles if an adult offender had a child under 14 aboard, and refusing a field breath test carries the same penalty as for drivers. Ala. Code 1975 §§ 32-5A-191.3, 32-5A-191(a), (b), (e) |
| Alaska | Alaska's DUI law covers operating a watercraft (and aircraft) as well as a motor vehicle. It is illegal to operate a boat while under the influence of alcohol, an inhalant or a controlled substance, or with a blood or breath alcohol level of 0.08% or more within four hours. A first offense is a class A misdemeanor with at least 72 consecutive hours in jail and a fine of at least $1,500, and minimums rise with each prior conviction (for example 20 days and $3,000 for a second). A third offense within 10 years (two or more prior convictions) is a class C felony with at least 120 days in jail and a $10,000 minimum fine. AS 28.35.030(a), (b), (n); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | It is illegal to operate or be in control of a motorized watercraft that is underway while impaired to the slightest degree by alcohol or drugs, with an alcohol concentration of 0.08 or more within two hours, with any illegal drug or its metabolite in the body, or at 0.04 or more on a commercial boat. A violation is a class 1 misdemeanor: a first offense carries at least 10 consecutive days in jail, a fine of at least $250, two $500 assessments and alcohol or drug screening, though the judge may suspend jail if the person completes treatment. A second violation within 84 months carries at least 90 days in jail (30 consecutive), a fine of at least $500, at least 30 hours of community restitution and two $1,250 assessments. A.R.S. §§ 5-395(A), 5-395.01; § 13-707 |
| Arkansas | Boating while intoxicated is part of the same law as drunk driving: it is illegal to operate or be in actual physical control of a motorboat on Arkansas waters while intoxicated or with an alcohol concentration of 0.08 or more, and it is a strict-liability offense. A first offense is an unclassified misdemeanor with 24 hours to 1 year in jail (7 days if a passenger under 16 was aboard), or public service in place of jail; second and third offenses within 10 years carry 7 days to 1 year and 90 days to 1 year. A fourth offense within 10 years is an unclassified felony with 1 to 6 years. Ark. Code §§ 5-65-103, 5-65-111 |
| California | It is illegal to operate a boat, or water skis or a similar device, while under the influence of alcohol or drugs, with a blood alcohol level of 0.08% or more in a recreational vessel, or 0.04% or more in any other (for example commercial) vessel. A first offense is a misdemeanor punishable by up to 6 months in county jail and/or a $1,000 fine, and the court may order an alcohol or drug program. A second offense within 7 years of a prior boating or driving DUI conviction is up to 1 year in jail and/or $1,000. Boating under the influence that causes injury to another person is punishable by a 1170(h) felony term or 90 days to 1 year in county jail, plus a $250 to $5,000 fine. Cal. Harb. & Nav. Code 655(b)-(f), 668(e)-(h); Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Operating or being in actual physical control of a motorized, wind-powered or flying vessel while under the influence of alcohol or drugs, or with a blood or breath alcohol level of 0.08 or more within two hours of operating, is a misdemeanor. A first conviction carries 5 days to 1 year in county jail (the minimum is mandatory, with limited exceptions), a possible fine of $600 to $1,000, and 48 to 96 hours of public service. A later conviction carries 60 days to 1 year. Knowingly letting an impaired person operate one's vessel is a class 2 misdemeanor. C.R.S. § 33-13-108.1(1), (12), (13) |
| Connecticut | Operating a boat while under the influence of alcohol or drugs, or with a blood alcohol content of 0.08% or more (0.02% if under 21), is illegal. A first conviction brings a $500 to $1,000 fine and up to 6 months in jail (48 hours mandatory, or a fully suspended sentence with 100 hours of community service) and a one-year suspension of boating privileges; a second within 10 years brings $1,000 to $4,000 and up to 2 years (120 days mandatory) with a three-year boating suspension; a third brings $2,000 to $8,000 and up to 3 years (1 year mandatory) with permanent loss of boating privileges. Under the 2026 Supplement the person's driver's license is also suspended as it would be for drunk driving. Conn. Gen. Stat. § 15-133(d), (h) |
| Delaware | It is illegal to operate or be in physical control of a moving vessel while under the influence of alcohol or drugs, or with an alcohol concentration of 0.08 or more (including within 4 hours after operating). A first offense brings a $200 to $1,000 fine and/or 60 days to 6 months in jail; a second offense within 5 years brings $500 to $2,000 and 60 days to 18 months; a third offense is a class G felony ($1,000 to $3,000 fine, 1 to 2 years, first 3 months not suspendable); and a fourth or later is a class E felony ($2,000 to $6,000, 2 to 5 years, first 6 months not suspendable). Extra fines and community service apply if a child under 17 is aboard, and refusing a chemical test bars the person from operating a vessel for 1 year. 23 Del. C. §§ 2302, 2303, 2304, 2305 |
| District of Columbia | Operating or being in physical control of a watercraft while intoxicated (0.08 blood or breath alcohol; any measurable alcohol under 21) or under the influence of alcohol or drugs is punishable by a $1,000 fine, up to 180 days in jail, or both for a first offense; $2,500 to $5,000 and up to 1 year for a second; and $2,500 to $10,000 and up to 1 year for a third or later offense. Operating a watercraft while impaired (a lesser level) carries a $250 fine and up to 30 days for a first offense, up to $2,500 and 180 days for a second, and $2,500 to $5,000 and up to 1 year with two or more priors. D.C. Code §§ 50-2206.01, 50-2206.31, 50-2206.32, 50-2206.33, 50-2206.34 |
| Florida | Boating under the influence means operating a vessel while impaired by alcohol or drugs, or with a blood or breath alcohol level of 0.08 or more. A first conviction carries a $500 to $1,000 fine and up to 6 months in jail, and a second $1,000 to $2,000 and up to 9 months; a third conviction within 10 years of a prior one, or any fourth conviction, is a third-degree felony (up to 5 years). Higher fines and jail apply with an alcohol level of 0.15 or more or a minor on board. Causing serious bodily injury while BUI is a third-degree felony, and causing a death is BUI manslaughter, a second-degree felony with a 4-year mandatory minimum. Fla. Stat. § 327.35; §§ 775.082, 775.083 |
| Georgia | It is illegal to operate a vessel while impaired by alcohol or drugs to the point of being less safe, or with an alcohol concentration of 0.08 or more within three hours after operating (0.02 for anyone under 21). A first conviction is a misdemeanor with a $300 to $1,000 fine, 10 days to 12 months in jail (all but 24 hours may be suspended), at least 40 hours of community service and a risk reduction program; a second within 10 years brings $600 to $1,000 and at least 72 hours actually served; and a third within 10 years is a high and aggravated misdemeanor with $1,000 to $5,000 and at least 15 days served. A fourth or later conviction within 10 years is a felony punishable by 1 to 5 years. O.C.G.A. § 52-7-12 |
| Hawaii | Hawaii's impaired-operation law (operating a vehicle under the influence of an intoxicant, OVUII) applies to boats, because 'vehicle' includes a vessel underway on state waters. It covers operating while impaired by alcohol or drugs or with 0.08 or more grams of alcohol in breath or blood. A first offense brings a substance abuse program, a 1-year to 18-month revocation, and 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; a second offense within 10 years brings a 2- to 3-year revocation, 240 hours of community service or 5 to 30 days in jail, and a $1,000 to $3,000 fine. Highly intoxicated operators face added jail and revocation time. HRS §§ 291E-1, 291E-61 |
| Idaho | It is illegal to operate or be in actual physical control of a boat on Idaho waters while under the influence of alcohol or drugs or with an alcohol concentration of 0.08 or more; for operators under 21 the limit is 0.02. Boating under the influence is a misdemeanor punishable by a fine up to $1,000, up to 6 months in jail, and a required safe-boating course. Causing great bodily harm, permanent disability or disfigurement while boating under the influence is a felony punishable by up to 5 years in prison (or at least 30 days in jail if not sent to prison), a fine up to $5,000, and loss of boating privileges for at least 1 year after release. Idaho Code §§ 67-7034(1), 67-7033(6), 67-7035 |
| Illinois | Operating or being in actual physical control of a watercraft at the driving alcohol limit (0.08 or more), while under the influence of alcohol, drugs or intoxicating compounds, or at the driving limit for THC is prohibited. A first offense is a Class A misdemeanor (under 1 year; fine up to $2,500). It is a Class 4 felony with a prior conviction under this law, when operating while boating privileges are suspended or revoked for such an offense, or when it causes great bodily harm or permanent disability or disfigurement (1 to 12 years if prison is imposed for the injury case). Causing a death is a Class 2 felony with 3 to 14 years if prison is imposed. Having a child under 16 aboard brings a mandatory minimum $500 fine and 5 days of community service, and refusing or failing chemical testing can lead to suspension of watercraft operating privileges. 625 ILCS 45/5-16(A)(1), (A)(3), (A)(4), (A)(5), (A)(5.1); 625 ILCS 5/11-501(a)(1); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana's former separate boating-while-intoxicated chapters (IC 35-46-9 and IC 14-15-8) have been repealed; the operating-while-intoxicated laws now apply to boats because 'vehicle' in IC 9-30-5 means a device for transportation by land, air or water. Operating with an alcohol concentration of 0.08 to under 0.15 is a Class C misdemeanor (up to 60 days), and 0.15 or more is a Class A misdemeanor (up to 1 year); operating while intoxicated is a Class C misdemeanor, or Class A if it endangers a person. It becomes a Level 6 felony with a prior operating-while-intoxicated conviction within 7 years or, for someone 21 or older committing the 0.15-or-more, controlled-substance or endangering offense, with a passenger under 18; causing serious bodily injury is a Level 5 felony and causing death or catastrophic injury a Level 4 felony. IC 9-13-2-196(d); IC 9-30-5-1, 9-30-5-2, 9-30-5-3, 9-30-5-4, 9-30-5-5; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Operating a motorboat or sailboat while under the influence, with an alcohol concentration of .08 or more, or with any amount of a controlled substance in the blood or urine is a crime in Iowa. A first offense is a serious misdemeanor with at least 48 hours in jail, a $1,000 fine (up to $500 may be waived if no one was hurt), a one-year ban on operating a boat, and substance-use evaluation and a drinking-driver course. A second offense is an aggravated misdemeanor (at least 7 days, a fine of $1,500 to $5,000, a two-year boating ban), and a third or later offense is a class D felony (fine of $2,500 to $7,500, six-year ban). Causing serious injury is a class D felony with up to 5 years. Iowa Code § 462A.14(1)-(2) |
| Kansas | It is a crime to operate or attempt to operate a vessel in Kansas with an alcohol concentration of .08 or more (at the time or within three hours), or .02 or more if under 21, or while under the influence of alcohol or drugs to a degree that makes one incapable of operating safely. A first conviction is a misdemeanor punishable by up to 1 year in jail, a fine of $100 to $500, or both; a second or later conviction carries 90 days to 1 year and, in the court's discretion, a $100 to $500 fine. Anyone convicted must complete an approved boater safety course before operating a vessel again. An under-21 operator who tests .02 to under .08 instead loses boating privileges for 30 days (90 days for a repeat), and refusing a test bars boating for three months. K.S.A. 32-1131 |
| Kentucky | It is illegal to operate a motorboat or vessel, or use water skis or a similar device, while intoxicated or under the influence of any substance that impairs driving ability; the elements are the same as for DUI (including the 0.08 alcohol concentration standard of KRS 189A.010), and operators are deemed to consent to testing. Boating under the influence is a separate offense from DUI with its own penalties: a fine of $200 to $250 or 24 hours in jail for a first offense, $350 to $500 or 48 hours for a second, and $600 to $1,000 or at least 30 days in county jail, or both, for a third or later offense. Refusing a breath or similar test is itself an offense, and the court may also require a safe-boating course. KRS 235.240(2)-(4), 235.990(2)-(3), 189A.010(1) |
| Louisiana | Louisiana's impaired-operation law covers boats as well as cars: operating any motor vehicle, aircraft, watercraft, vessel or other conveyance while impaired by alcohol or drugs, or with a blood alcohol concentration of 0.08 percent or more, is the crime of operating a vehicle while impaired. A first offense carries a fine of $300 to $1,000 and 10 days to six months in jail, which may be suspended only with probation conditions such as 48 hours in jail or 32 hours of community service, a substance abuse program and a driver improvement program. Second, third and fourth offenses carry increasing penalties under R.S. 14:98.2-98.4, and having a child 12 or younger on board makes the minimum sentence non-suspendable. La. R.S. 14:98(A)-(B); R.S. 14:98.1(A) |
| Maine | Operating or attempting to operate a watercraft while under the influence of liquor or drugs, with an alcohol level of 0.08 or more (age 21 and older), or with any alcohol at all (under 21) is a Class D crime, punishable by less than 1 year and a fine up to $2,000. A first offense carries a minimum $400 fine and at least 48 unsuspended hours in jail if the alcohol level was 0.15 or more, the operator failed to stop for an officer, or refused a chemical test; a second offense within 6 years requires at least $600 and 7 days, and a third or later at least $1,000 and 30 days. Causing serious bodily injury or death raises the crime to Class C (up to 5 years). Refusing a chemical test is always an aggravating factor at sentencing. 12 M.R.S. § 10701(1-A)(B), (3); 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | Operating or attempting to operate a vessel while under the influence of alcohol, impaired by alcohol, impaired by drugs so the person cannot operate safely, or impaired by a controlled dangerous substance is a misdemeanor. Under the influence (including 0.08 alcohol concentration, which is prima facie evidence) carries up to 1 year and/or $1,000 for a first offense, 2 years and/or $2,000 for a second, and 3 years and/or $3,000 for a third or later; the lesser impaired-by-alcohol or drug offenses carry up to 2 months and/or $500 for a first offense and 1 year and/or $1,000 after that. Prior car DUI convictions count, and the court may bar the person from operating a vessel on Maryland waters if they refused a test or tested at 0.08 or more. Md. Code, Nat. Res. § 8-738 |
| Massachusetts | Operating a vessel with a blood alcohol level of 0.08 or more, or while under the influence of liquor, marijuana, narcotics, depressants, stimulants or toxic vapors, is punished by a fine of $100 to $1,000, up to 2½ years in jail, or both. With one prior like offense (or assignment to an alcohol program) within six years, the penalty is a $300 to $1,000 fine and 14 days to 2½ years, with at least 14 days served; with two priors within six years, $500 to $1,000 and 6 months to 2½ years, with at least 6 months served. Mass. G.L. c. 90B, § 8(a) |
| Michigan | Operating a motorboat while under the influence of alcohol or a controlled substance, with a blood alcohol content of 0.08 or more, or with any Schedule 1 drug in the body is prohibited, as is operating while visibly impaired; operators under 21 may not have any bodily alcohol content. A first offense is a misdemeanor punishable by up to 93 days in jail, a $100 to $500 fine, and/or up to 45 days of community service; a second offense within 7 years requires a $200 to $1,000 fine plus jail (48 hours to 1 year) or community service; and a third offense is a felony with 1 to 5 years and/or a $500 to $5,000 fine. Causing serious impairment of a body function is a felony with up to 5 years and/or $1,000 to $5,000, and causing a death up to 15 years and/or $2,500 to $10,000. MCL 324.80176, 324.80177 |
| Minnesota | Minnesota's driving-while-impaired law covers motorboats in operation, because 'motor vehicle' includes them. It is a crime to operate a motorboat on state or boundary waters while under the influence of alcohol, drugs, cannabis or an intoxicating substance, with an alcohol concentration of 0.08 or more (measured at the time or within two hours), or with any Schedule I or II drug in the body (other than cannabis products). A violation without aggravating factors is fourth-degree driving while impaired, a misdemeanor (up to 90 days and/or $1,000). With one aggravating factor, or a test refusal, it is third-degree, a gross misdemeanor (up to 364 days and/or $3,000), and mandatory penalties may apply; first- and second-degree offenses cover more aggravating factors. Minn. Stat. §§ 169A.03, subd. 15; 169A.20, subds. 1, 3; 169A.26; 169A.27 |
| Mississippi | Operating a boat or other watercraft on public waters while under the influence of alcohol or another impairing substance, or with a blood alcohol concentration of .08% or more, is illegal. A first offense carries a $250 to $1,000 fine, up to 24 hours in jail, or both, plus a boating safety course; a second offense within 5 years, $600 to $1,000 and 48 hours to 1 year in jail (or community service) and a 1-year ban on operating; a third within 5 years, $800 to $1,000, 30 days to 1 year and a 2-year ban. A fourth or later offense within 5 years is a felony: $2,000 to $5,000, 90 days to 5 years, and a 3-year ban. Negligently causing death or serious permanent injury while boating impaired is a felony punishable by up to 10 years. Miss. Code Ann. § 59-23-7 |
| Missouri | Boating while intoxicated (operating a vessel in an intoxicated condition) and boating with a blood alcohol content of .08% or more are each a class B misdemeanor for a first offense (up to 6 months and $1,000) and a class A misdemeanor for a prior boating offender or when a child under 17 is aboard. Repeat offenses rise to class E through class B felonies as the offender becomes persistent, aggravated, chronic or habitual. Causing physical injury by criminal negligence while boating intoxicated is a class E felony, serious physical injury a class D felony, and death a class C felony (higher if the victim is a police officer or emergency worker). A first offender can get a suspended imposition of sentence only with at least 2 years of probation (or a DWI court program for .15% or more). RSMo §§ 577.013, 577.014, 558.011, 558.002 |
| Montana | Operating a motorboat (including a motor-powered sailboat) or being towed on waterskis or a similar device while under the influence of alcohol, drugs or both is prohibited. The DUI blood-alcohol inferences of 61-8-1002 and the DUI testing rules apply, and refusing a test may be used as evidence. Unless otherwise specified, a violation is a misdemeanor punishable by a fine of $15 to $500, up to 6 months in jail, or both. MCA 23-2-523(2), 23-2-535, 23-2-507 |
| Nebraska | Being in actual physical control of a motorboat or personal watercraft under propulsion while under the influence of alcohol or drugs, or with a blood or breath alcohol concentration of .08 or more, is a crime. A first conviction is a Class II misdemeanor (up to 6 months and/or $1,000), and the court must bar the person from operating a motorboat or personal watercraft for 6 months (60 days if placed on probation). A conviction with a prior conviction is a Class I misdemeanor (up to 1 year and/or $1,000) with a 2-year operating ban. Neb. Rev. Stat. §§ 37-1254.01, 37-1254.12, 28-106 |
| Nevada | Operating a motorboat or sailing vessel under way while under the influence of alcohol, or with a blood or breath alcohol concentration of 0.08 or more (or with set levels of certain drugs), is a misdemeanor (up to 6 months and/or $1,000). If it causes death, it is a category B felony with 2 to 25 years (5 to 25 with one or two prior offenses) and a $2,000 to $5,000 fine; substantial bodily harm carries 2 to 20 years and the same fine, with no suspended sentence or probation. A later violation by someone previously convicted of the felony offense is a category B felony with 2 to 15 years. NRS 488.410, 488.420, 488.427; NRS 193.130, 193.140, 193.150 |
| New Hampshire | Operating or trying to operate a boat while impaired by alcohol or drugs, or with an alcohol concentration of 0.08 or more (0.02 under age 21), is punished the same as a first DWI: a class B misdemeanor with a fine of at least $500. A person convicted may not operate a boat on New Hampshire waters for one year, and the conviction goes on the person's driving record. Boating impaired while causing serious bodily injury, or with a passenger under 16, can be aggravated DWI. RSA 265-A:2, II; 265-A:19; 265-A:18, I(a); 265-A:3 |
| New Jersey | Operating a power vessel or a vessel 12 feet or longer while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or more, is prohibited (as is letting an impaired person operate your boat). First offense: fine of $250-$400 (BAC 0.08-0.10%) or $300-$500 (BAC 0.10% or more, or drugs), loss of boating privileges for 1 year, and loss of the driver's license for 3 months or 7 months to 1 year. Second offense: $500-$1,000 fine, 30 days community service, 48 hours to 90 days in jail, and 2-year loss of boating and driving privileges. Third or later offense: $1,000 fine, at least 180 days in jail (up to 90 days can be community service), and 10-year loss of boating and driving privileges. Offenses more than 10 years apart are treated as earlier-level offenses. N.J.S.A. 12:7-46 |
| New Mexico | It is unlawful to operate a motorboat under the influence of alcohol, under the influence of drugs to a degree that makes safe operation impossible, or with a blood or breath alcohol concentration of 0.08 or more. A first conviction carries up to 90 days in jail and/or a fine up to $500 (probation up to 1 year) plus a required boating safety course. A second or later conviction carries up to 364 days and/or a fine up to $750. Aggravated boating while intoxicated (0.16 or more, causing bodily injury, or refusing chemical testing while found to be impaired) adds a mandatory minimum of 48 consecutive hours in jail and a higher fine ($750 first, $1,000 later). NMSA 1978, 66-13-3; NMSA 1978, 31-18-15, 31-19-1 |
| New York | Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. A second violation within 10 years is a class E felony with a $1,000 to $5,000 fine and a 24-month suspension; a third within 10 years is a class D felony with a $2,000 to $10,000 fine. Boating while ability impaired by alcohol is a lesser offense with a $300 to $500 fine, up to 15 days in jail, and a 6- to 12-month suspension. N.Y. Navigation Law 49-a(2), (3) |
| North Carolina | Operating a moving vessel on North Carolina waters while under the influence of an impairing substance, or with an alcohol concentration of 0.08 or more, is a Class 2 misdemeanor (up to 60 days) with a mandatory fine of at least $250. Being legally entitled to use the alcohol or drug is not a defense. N.C. Gen. Stat. 75A-10(b1), (b2), (b4) |
| North Dakota | Operating a motorboat or vessel, or water skiing or surfboarding, with an alcohol concentration of 0.10% or more within two hours of operating, or while under the influence of alcohol or drugs that make the person incapable of safe operation, is prohibited. The chapter sets no specific penalty for this violation, so the general penalty applies: a class B misdemeanor (up to 30 days and $1,500). N.D.C.C. 20.1-13-07(2), 20.1-13-01; 12.1-32-01 |
| Ohio | Operating a watercraft while under the influence of alcohol or drugs, or with a concentration of 0.08% or more in whole blood (0.08 grams per 210 liters of breath), is a first-degree misdemeanor. A first offense requires 3 consecutive days in jail (which may be replaced by a 3-day drivers' intervention program) and a fine of $150 to $1,000. With one prior offense within 10 years, the mandatory jail term is 10 consecutive days; with two or more, it is 30 consecutive days and up to one year, each with a $150 to $1,000 fine. R.C. 1547.11(A), 1547.99(G) |
| Oklahoma | Operating or being in actual physical control of a boat on public waters with a blood or breath alcohol concentration of 0.08 or more, or while under the influence of other intoxicating substances (or alcohol plus another substance) to a degree that makes the person incapable of operating safely, is a misdemeanor punishable by a fine of up to $1,000; a second or later conviction carries a fine of $1,000 to $2,500. Boat operators are deemed to consent to blood, breath, saliva or urine testing, and refusing a test is itself a violation subject to the same fines. Letting an impaired person operate a vessel, and reckless or negligent operation, are separate misdemeanors (fine of $50 to $250 and up to 6 months in jail). 63 O.S. §§ 4210.8, 4210 |
| Oregon | Operating or being in actual physical control of a boat while under the influence of alcohol, cannabis, psilocybin, an inhalant or a controlled substance, or knowingly letting an impaired person operate one's boat, is a Class A misdemeanor (up to 364 days in jail and a fine of up to $6,250). A blood alcohol level of 0.08 percent or more by weight constitutes being under the influence. On conviction the court must also bar the person from operating a boat for one year, order a classroom boating safety course, and suspend the person's boating safety education card for one year; the Marine Board may also suspend the registration of all boats the person owns. ORS 830.325, 830.510, 830.990(9), 830.994; ORS 161.615 |
| Pennsylvania | Operating or being in actual physical control of a boat while impaired, or with a blood alcohol concentration of 0.08% or more (0.02% for anyone under 21) within two hours, is a misdemeanor, with higher tiers at 0.10% and 0.16%. A first offense at the general level carries six months' probation, a $300 fine and a boating safety course; penalties rise with higher BAC, prior offenses and test refusal (for example, a first offense at the highest tier or with refusal requires at least 72 hours in jail and a $1,000 to $5,000 fine), and a third or later offense is a second-degree misdemeanor. Having a passenger under 18 is a first-degree misdemeanor. Causing serious bodily injury while boating under the influence is a second-degree felony, and causing death is a second-degree felony with a minimum three-year sentence. 30 Pa.C.S. §§ 5502, 5502.1, 5502.3 |
| Rhode Island | Operating a motorboat or other vessel (or using water skis, a surfboard or similar device) while intoxicated or under the influence of a narcotic drug, barbiturate or marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or up to 1 year in jail for each violation. A person arrested for it has the right to be examined by a physician of their choice at their own expense. The boating statute itself does not state a blood-alcohol limit. R.I. Gen. Laws §§ 46-22-9(b), 46-22-19(3) |
| South Carolina | Operating a moving motorboat, personal watercraft or sailboat while under the influence of alcohol or drugs to the point that the person's faculties are materially and appreciably impaired is a misdemeanor: a first offense carries a $200 fine or 48 hours to 30 days in jail; a second, $2,000 to $5,000 plus 48 hours to 1 year; a third, $3,500 to $6,000 plus 60 days to 3 years. A blood alcohol level of 0.08% or more allows an inference of being under the influence (0.05% or less creates a conclusive presumption of not being under the influence), and refusing a test suspends boating privileges for 180 days. Causing great bodily injury while boating under the influence is a felony with a mandatory $5,000 to $10,000 fine and 30 days to 15 years; causing death, $10,000 to $25,000 and 1 to 25 years. S.C. Code §§ 50-21-112, 50-21-113, 50-21-114 |
| South Dakota | Operating a boat underway on public waters with a blood alcohol content of 0.08 percent or more, or while under the influence of alcohol, marijuana, an illegally obtained controlled substance, or a prescription drug or other substance to a degree that makes safe operation impossible, is a Class 1 misdemeanor (up to 1 year in jail and/or a $2,000 fine). A BAC of 0.05 percent or less creates a presumption of not being under the influence of alcohol, and 0.08 percent or more a presumption of being under the influence. Reckless or negligent boat operation is a separate Class 1 misdemeanor. SDCL 42-8-45, 42-8-45.4, 42-8-46; SDCL 22-6-2 |
| Tennessee | Operating a registrable or commercial boat while under the influence of alcohol or drugs, or with an alcohol concentration at or above the drunk-driving limit in Tenn. Code § 55-10-401, is boating under the influence (anchored or moored boats are excluded). A first offense is a Class A misdemeanor: 48 consecutive hours to 11 months, 29 days in jail (7 days minimum at 0.20% or more) and a $350 to $1,500 fine. A second offense carries 45 days minimum and a $600 to $3,500 fine; a third, 120 days and $1,100 to $10,000; a fourth is punished in the Class E felony range, with higher felony ranges for later offenses. Every conviction suspends the right to operate registered and commercial vessels for 12 months, and having a child aboard adds 30 days and a $1,000 fine. Tenn. Code Ann. §§ 69-9-217, 69-9-219 |
| Texas | Texas calls this boating while intoxicated: operating a boat or other watercraft while intoxicated, meaning an alcohol concentration of 0.08 or more or not having normal use of mental or physical faculties because of alcohol or drugs. A first offense is a Class B misdemeanor with a minimum of 72 hours in jail (up to 180 days and $2,000). One prior intoxication conviction makes it a Class A misdemeanor with a 30-day minimum, and two prior convictions (or one prior intoxication manslaughter) make it a third-degree felony (2 to 10 years). Boating while intoxicated with a passenger younger than 15 is a state jail felony. Tex. Penal Code §§ 49.01, 49.06, 49.061, 49.09(a), (b); §§ 12.21-12.35 |
| Utah | Utah's driving under the influence law applies to motorboats, because 'vehicle' in the DUI part includes a motorboat. Operating or being in actual physical control with a blood or breath alcohol concentration of .05 or more, or while too impaired by alcohol or drugs to operate safely, is a class B misdemeanor (up to 6 months and $1,000). It is a class A misdemeanor with a passenger under 16 (or under 18 if the operator is 21 or older) or one prior conviction within 10 years, and a third degree felony with two or more prior convictions within 10 years or any prior felony DUI conviction. Utah Code §§ 41-6a-501(1)(m), 41-6a-502; §§ 76-3-203, 76-3-204 |
| Vermont | Operating or being in actual physical control of a vessel with a blood alcohol concentration of 0.08 percent or more, or while under the influence of alcohol or of drugs to a degree that makes safe operation impossible, is boating under the influence. It carries up to one year in prison and a fine of $200 to $750 for a first offense and $250 to $1,000 for a second or later offense, and a conviction suspends the privilege to operate a vessel (other than a nonmotorized canoe or rowboat) for one year. If a death results, the penalty is one to 15 years and up to $10,000; if serious bodily injury results, up to 15 years and $5,000. 23 V.S.A. §§ 3323, 3317(d)-(f) |
| Virginia | Operating a watercraft or motorboat that is underway with a blood alcohol concentration at or above the limit for drunk driving in Va. Code § 18.2-266, while under the influence of alcohol or drugs to a degree that impairs safe operation, or with listed levels of cocaine, methamphetamine, PCP or MDMA in the blood is a Class 1 misdemeanor (up to 12 months and/or $2,500). Reckless boating is also covered. On conviction the court must order the person not to operate a watercraft or motorboat for 12 months, or three years for a second conviction within 10 years; violating that order is a Class 2 misdemeanor (Class 1 for a repeat). Va. Code §§ 29.1-738, 29.1-738.4; § 18.2-11 |
| Washington | Operating a vessel while under the influence of alcohol, cannabis or any drug is a gross misdemeanor (up to 364 days and $5,000). A person is considered under the influence with an alcohol concentration of 0.08 or higher, or a THC concentration of 5.00 or higher, within two hours of operating, or when affected by alcohol, cannabis or drugs. Operating a vessel recklessly is a misdemeanor, and the court may order restitution for damage or injuries. A legal right to use the drug is not a defense. RCW 79A.60.040; RCW 9A.20.021 |
| West Virginia | Operating a motorboat, jet ski or other motorized vessel under the influence of alcohol or drugs, or with a blood alcohol level of 0.08% or more, is a misdemeanor: 1 day to 6 months in jail (at least 24 hours actually served) and a $100 to $500 fine. Operators under 21 at 0.02% to under 0.08% face a $25 to $100 fine for a first offense. Causing bodily injury is up to 1 year in jail and a $200 to $1,000 fine; causing a death is 90 days to 1 year (misdemeanor) or, if done with reckless disregard for others' safety, a felony of 1 to 10 years and a $1,000 to $3,000 fine. A second offense is 6 months to 1 year in jail, and a third or later offense is a felony of 1 to 3 years. W. Va. Code § 20-7-18b |
| Wisconsin | Operating a motorboat while under the influence of an intoxicant to a degree that makes safe operation impossible, with a blood alcohol level of 0.08 or more (0.04 for commercial motorboats), or with a detectable amount of a restricted controlled substance is prohibited. A first offense is a civil forfeiture of $150 to $300. With one prior conviction within 5 years: a $300 to $1,000 fine and 5 days to 6 months in jail; with two priors: $600 to $2,000 and 30 days to 1 year; with three: 60 days to 1 year; with four or more: 6 months to 1 year. Underage operators with any alcohol concentration forfeit $50. Causing injury while boating impaired carries a $300 to $2,000 fine and up to 1 year in jail. Wis. Stat. §§ 30.681(1), (2), 30.80(6)(a), (b) |
| Wyoming | Operating or being in actual physical control of a watercraft while under the influence of alcohol or a controlled substance to a degree that makes safe operation impossible, or with an alcohol concentration of 0.08% or more in a motorboat, is a misdemeanor punishable by a fine up to $750, up to 6 months in jail, or both, and the person may be barred from operating any watercraft on state waters for up to 2 years. Owners who knowingly let an impaired person operate their watercraft also violate the law. A death caused by an impaired boat operator can be charged as aggravated homicide by vehicle (up to 20 years). W.S. 41-13-206, 41-13-216(a); W.S. 6-2-106(b) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.