Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Indiana law prohibits anyone from boating while intoxicated—that
is, operating a motorboat or a personal watercraft while intoxicated
due to alcohol or any combination of alcohol, controlled substance,
or drugs. Alcohol and drugs cause impaired balance, blurred vision,
poor coordination, impaired judgment, and slow reaction time. Alcohol
contributes to about one-third of all boating accidents nationwide. Read
more about the effects and risks of consuming alcohol.
It is unlawful for owners of motorboats or PWCs to operate or
allow anyone else to operate their motorboat or PWC while that
person is intoxicated.
- Indiana law defines intoxication as having a blood alcohol
level of 0.08% or greater, or being under the influence of alcohol
and/or drugs such that a person’s thoughts and actions
are impaired and he or she has a loss of normal control of faculties
to such an extent as to cause danger to others.
- You also may be arrested if your blood alcohol level is less
than 0.08% but over 0.05%.
Indiana law establishes the following penalties.
- If you are arrested and convicted of boating while intoxicated,
you will face the penalties of a Class C misdemeanor. In addition,
if this is your first offense or the first in 10 years, you may
lose all your driving privileges (motorboat and motor vehicle)
for at least 90 days and up to two years.
- For a second conviction within five years, you may be fined
and jailed and lose the privilege to operate a vehicle, motorboat,
or PWC for one to two years. More severe penalties exist for
additional convictions.
- A person boating while intoxicated who causes the death or
serious injury of another person will, upon conviction, be guilty
of a felony.
By operating a vessel on Indiana waters, you have consented to
be tested for alcohol or drugs if requested by a law enforcement
official. If you refuse to be tested, you will be subject to arrest
and punishment consistent with the penalties described above and
lose your privilege to operate a motorboat or PWC for at least
one year.
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Areas of Impairment Due to Blood Alcohol
Concentration (BAC)
Because you can drink faster than your system can burn
off the alcohol, there is an increasing level of alcohol in your blood.
This level is referred to as Blood Alcohol Concentration (BAC). |
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