Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

Indiana law prohibits anyone from boating while intoxicated—that is, operating a motorboat or a personal watercraft 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 slow reaction time. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol.

It is unlawful for owners of motorboats or PWCs to operate or allow anyone else to operate their motorboat or PWC while that person is intoxicated.

• Indiana law defines intoxication as having a blood alcohol level of 0.08% or greater, or being under the influence of alcohol and/or drugs such that a person’s thoughts and actions are impaired and he or she has a loss of normal control of faculties to such an extent as to cause danger to others.
• You also may be arrested if your blood alcohol level is less than 0.08% but over 0.05%.

Indiana law establishes the following penalties.

• If you are arrested and convicted of boating while intoxicated, you will face the penalties of a Class C misdemeanor. In addition, if this is your first offense or the first in 10 years, you may lose all your driving privileges (motorboat and motor vehicle) for at least 90 days and up to two years.
• For a second conviction within five years, you may be fined and jailed and lose the privilege to operate a vehicle, motorboat, or PWC for one to two years. More severe penalties exist for additional convictions.
• A person boating while intoxicated who causes the death or serious injury of another person will, upon conviction, be guilty of a felony.

By operating a motorboat or PWC on Indiana waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse to be tested, you will be subject to arrest and punishment consistent with the penalties described above and lose your privilege to operate a motorboat or PWC for at least one year.

Remember—It is unlawful for the owner or person in charge of a vessel to allow someone to operate the vessel if that person is under the influence of alcohol or drugs.

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!

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).