Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Virginia law prohibits anyone from boating while intoxicated (BWI).
That is, it is illegal to operate any boat, sailboat, or personal
watercraft or to manipulate any water skis, sailboard, or similar
device while intoxicated due to alcohol or any combination of alcohol,
controlled substance, and/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 in Chapter
5.
Virginia law states that a person is considered to be "under
the influence" if:
- He or she is 21 years of age or older and has a blood alcohol
concentration of 0.08% or higher, or is under the influence of
alcohol and/or drugs to a degree which impairs his or her ability
to operate safely.
- He or she is under 21 years of age and has any measurable blood
alcohol concentration (0.02% or higher), or is under the influence
of alcohol and/or drugs to a degree which impairs his or her
ability to operate safely.
According to Virginia law, those convicted of operating under
the influence of alcohol or drugs will:
- Receive a fine of up to $2,500
- Be imprisoned for up to 12 months
- Lose the privilege to operate a vessel for up to 12 months
for a first conviction and for up to three years for a second
and subsequent convictions
- Be required to attend an Alcohol Safety Action Program
By operating a vessel on Virginia waters, you have consented to
be tested for the presence of alcohol, drugs, or other intoxicating
substances if so requested by a peace officer. Any person refusing
to submit to testing for the presence of alcohol, drugs, or other
intoxicating substances may lose his or her privilege to operate
a vessel for up to 24 months.
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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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