Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Arkansas law prohibits anyone from boating while intoxicated (BWI).
This includes the operation of any motorboat or other vessel, or manipulation
of water skis or other device, while under the influence of alcohol,
a controlled substance, or both. 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.
Arkansas law states that a person is considered to be boating
while intoxicated if he or she:
- Has a blood, breath, or urine alcohol concentration of 0.08%
or more (if under the age of 21, 0.02% is considered intoxicated) or …
- Is under the influence of alcohol and/or a controlled substance
to such a degree that his or her reactions, motor skills, and
judgment are substantially altered and he or she presents a clear
danger of physical injury or death to himself or herself or to
others.
Arkansas law establishes the following penalties for boating
while intoxicated.
- Upon a first conviction, a person may be fined up to $1,000,
jailed for up to one year, or both. Also, he or she will lose
the privilege of operating any motorboat for 90 days.
- Upon a second conviction within a three-year period, a person
may be fined up to $2,500, jailed for up to one year, or both.
Also, he or she will lose the privilege of operating any motorboat
for one year.
- Upon a third conviction within a three-year period, a person
may be fined up to $5,000, jailed for not less than 60 days and
up to one year, or both. Also, he or she will lose the privilege
of operating any motorboat for three years.
- In addition to the penalties above, a person convicted of
boating while intoxicated will be required to complete, at his
or her own expense, an alcohol education program approved by
the Arkansas Highway Safety Program or an alcoholism treatment
program approved by the Bureau of Alcohol and Drug Abuse Prevention
of the Department of Health.
- Being convicted of operating a motorboat while your operating privileges
are suspended will result in a mandatory 10-day jail sentence.
- More severe penalties exist if the operator is involved in an
accident that results in death or serious injury.
By operating a motorboat or other vessel on Arkansas waters, you have
given “implied” consent to alcohol testing if an officer
has reasonable cause to believe you are boating while intoxicated.
Refusal to be tested can result in a fine of up to $2,500 and the
loss of operating privileges for up to six 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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