Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs

Kansas law prohibits boating while under the influence of alcohol 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 fatal boating accidents nationwide. Read more about the effects and risks of consuming alcohol.

• Kansas law states that a person is considered to be operating a vessel under the influence of alcohol or drugs if he or she:
  • Has a blood or breath alcohol concentration of 0.08% or greater, or 0.02% or greater if the person is less than 21 years of age or...
  • Is under the influence of any controlled substance, any other drug, or any combination of alcohol, controlled substance, or drugs that renders him or her incapable of operating safely.
• The penalty for a first conviction of operating a vessel under the influence is imprisonment of no more than one year. A fine of $100 to $500 also may be added by the court. The penalty for a second or subsequent conviction is imprisonment of 90 days to one year and, at the court’s discretion, a fine of $100 to $500.
• A person under the age of 21 who submits to a breath or blood alcohol test and produces a test result of an alcohol concentration of .02% or greater but less than .08% will have their boating privileges suspended for 30 days. After a second occurrence, their boating privileges will be suspended for 90 days.
• In addition to other penalties, any person convicted of an alcohol violation will be required to satisfactorily complete a boater safety education course before operating any vessel.
• Anyone who operates or attempts to operate a vessel is deemed to have given consent to an alcohol and/or drug test. Failure to submit to a test will result in the loss of their boating privileges for three months and any other penalties prescribed by law, rule, or regulation.
• It is illegal for the owner or operator of a motorboat or sailboat to knowingly permit the vessel to be operated by someone under the influence of alcohol, a controlled substance, or any other drug or combination that renders that person incapable of operating safely.

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).