It's the Law: On the Water

Alcohol and Drugs

• Rhode Island law prohibits anyone from boating while intoxicated (BWI). This includes the operation of any powerboat, sailboat, personal watercraft, water skis, sailboard, or similar device. Intoxicated means a person is under the influence of alcohol, a controlled substance, or drugs such that his or her thoughts or actions are impaired, causing a danger to others.
• Rhode Island law sets the blood alcohol limit for boating while intoxicated at 0.08% or greater. Penalties are set according to the blood alcohol concentration (BAC) that is detected.
• Anyone convicted of BWI must pay a set boating safety fine of $500. Rhode Island law also establishes the following additional penalties for boating while intoxicated.
  
  • First conviction for offenders with a BAC of less than 0.10% carries a fine of up to $250, required community service of up to 60 hours, loss of operating privileges for up to 45 days, and possible attendance at a boating safety course.
    
  • First conviction for offenders who have a BAC of 0.10% or greater or who are observed operating a boat while intoxicated or who are in possession of a controlled substance carries more severe penalties, including a fine of up to $500, imprisonment for up to one year, required community service of up to 60 hours, loss of operating privileges for up to six months, and required attendance at a boating safety course and/or an alcohol/drug treatment class.
  • Operating a vessel while operating privileges are suspended carries additional penalties, including imprisonment and loss of operating privileges for two more years.
  • Subsequent convictions within a five-year period carry higher fines and other severe penalties, including imprisonment for up to five years and seizure of the offender’s vessel.
    

By operating a vessel on Rhode Island waters, you have consented to be tested for alcohol and/or drugs if requested by a law enforcement official. Refusal to submit to testing carries an automatic fine of $200. Other penalties include an additional fine of $300 or more, loss of operating privileges for up to three years, imprisonment for up to one year, and community service or attendance at an alcohol/drug treatment class.

Why drinking and boating can be fatal …

• The effect of alcohol is increased by the natural stressors (wind, sun, vibration) placed on your body while boating. Also, alcohol causes dehydration of your body. It takes less alcohol, combined with stressors, to impair an operator’s ability to operate safely. Research has proven that one-third of the amount of alcohol that it takes to make a person legally intoxicated on land can make a boater equally intoxicated on the water.
• Alcohol depresses the central nervous system, affects judgment, and slows reaction time. Most people become impaired after only one drink.
• Alcohol makes it difficult for you to pay attention and perform multiple tasks. For example, it will be more difficult for you to keep track of two or more vessels operating in your area. This could become critical if you are placed in an emergency situation and must make a sudden decision.
  

Always designate non-drinking boaters to operate the vessel and to act as an observer if your group plans to consume alcohol. Never allow your skipper to operate if he or she is drinking.