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Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

Alabama law prohibits anyone from boating under the influence (BUI)—that is, operating any boat, sailboat, personal watercraft, water skis, sailboard or similar device 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 time. Alcohol contributes to about one-third of all boating accidents nationwide. Read more about the effects and risks of consuming alcohol.

Alabama law specifically states that it is illegal to be in physical control of any vessel, water skis, or similar device if the operator:

• Has a concentration of alcohol in his or her blood of 0.08% or more
• Is under the influence of:
  • Alcohol, any controlled substance or drugs
  • Any combination of alcohol, controlled substances or drugs
  • Any substance which impairs the operator's mental or physical faculties.

Alabama law establishes the following penalties for those arrested and convicted of boating under the influence:

• On the first offense, a fine up to $2,100 and/or sentence of one year in jail, and suspension of his or her operator's certification for 90 days
• On the second offense, a fine up to $5,100 and/or sentence of up to one year in jail with a mandatory sentence of not less than 5 days or community service for not less than 30 days, and suspension of his or her operator's certification for one year
• On the third offense, a fine up to $10,100 and/or sentence of up to 1 year in jail with a mandatory sentence of not less than 60 days, and suspension of his or her operator's certification for three years.

If it is believed that a person who operates a vessel on the waters of Alabama is boating under the influence of alcohol or any other controlled substance, he or she must submit to a field breath test or any other approved testing for blood alcohol concentration. Refusal to submit to a field breath test, or other approved testing, will result in the same punishment as provided in Alabama law for operators of motor vehicles on state highways.

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).

Areas of Impairment Due to Blood Alcohol Concentration (BAC)

The best thing you can do for your safety and the safety of your passengers and other boaters is simple—Don't drink and boat!

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