Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Delaware law prohibits anyone from boating under the influence (BUI)—that is, operating a vessel, or manipulating water skis or similar devices, while under the influence of alcohol, any drug, 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.
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 take sufficient control and care in the operation
of the vessel.
Delaware law establishes the following penalties for those convicted of operating under the influence of alcohol and/or drugs:
- Fines of up to $1,000 and imprisoned for up to 6 months
for a first offense
- Fines of up to $2,000 and imprisoned for up to 18 months
for a second offense
- Fines of up to $3,000 and imprisoned for up to two
years for a third offense
If under 17 years of age, the individual will 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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