Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Delaware law prohibits anyone boating under the influence (BUI)—that
is, operating a vessel, or manipulating water-skis or similar devices,
while under the influence of alcohol or any drug or both. Alcohol
and drugs cause impaired balance, blurred vision, poor coordination,
impaired judgment, and slow reaction time. Alcohol contributes
to about one-third of all boating accidents. Read
more about the effects and risks of consuming alcohol in Chapter
5.
Delaware law states that a person is considered to be “under
the influence” if:
- He or she has a blood, urine or breath alcohol
concentration of 0.08% or higher or...
- He or she is under the influence of alcohol,
drugs or any combination of alcohol and drugs to
a degree which impairs his or her normal mental
or physical abilities to exercise clear judgment,
and sufficient control and care in the operation
of the vessel
Delaware law establishes the following penalties:
- Those convicted of operating under the influence of alcohol
and/or drugs will:
- Be fined up to $1,000 and imprisoned up to 6 months
for a first offense
- Be fined up to $2,000 and imprisoned up to 18 months
for a second offense
- Be fined up to $3,000 and imprisoned up to two
years for a third offense
- If under 17 years of age, be fined an additional
amount and be required to complete
up to 80 hours of public service
- By operating any vessel on Delaware waters, you have
consented to be tested for the presence of alcohol and/or
drugs if requested by a peace officer. Persons refusing
to submit to testing will be prohibited from operating
on Delaware waters for one year.
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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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