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Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

The Mississippi Alcohol Boating Safety Act prohibits anyone from boating while intoxicated—that is, operating a boat powered by a motor of 25 horsepower or greater 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 slower reaction times. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol.

The Mississippi Alcohol Boating Safety Act defines intoxicated as 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. A concentration of alcohol of 0.10% or more, based upon a chemical analysis of breath, blood, or urine, is evidence that a person is intoxicated.

The Mississippi Alcohol Boating Safety Act establishes the following penalties.

  • Those arrested and convicted of boating while intoxicated may be fined up to $1,000 and jailed for two days for a first conviction.
  • Upon a second conviction within five years, a person may be fined and jailed, and also will lose the privilege of operating a vessel for one year. 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 Mississippi waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse, you will be subject to arrest and punishment consistent with the penalties described above and lose your privilege of operating a vessel for at least one year.

Don't drink and boat!

Areas of Impairment Due to Blood Alcohol Concentration (BAC)

Areas of impairment due to blood alcohol concentration

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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