Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Minnesota law prohibits anyone from boating while intoxicated
(BWI)—that is, operating a motorboat while under the influence
of alcohol, a controlled substance, or other illegal chemical.
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.
Minnesota law states that a person is considered to be boating
while intoxicated (BWI) if he or she:
- Has a blood or breath alcohol concentration of 0.08 or greater or …
- Is under the influence of alcohol or …
- Is under the influence of a controlled substance or any other
illegal chemical.
Operators who are impaired may be required to take tests given
by an enforcement officer to determine their sobriety. Persons
who refuse testing will be subject to a separate criminal charge
for refusal, plus loss of their boating privileges for one year
beginning immediately upon refusal.
First time violators are subject to a fine up to $1,000 plus
surcharges and/or jail time and/or loss of boating privileges for
90 days during the boating season upon conviction and notification
by the DNR.
If any of the following aggravating factors are involved, the
offense automatically becomes a gross misdemeanor and penalties
can increase to the felony level.
- An alcohol concentration of .20 or more
- A prior DWI conviction or refusal(s) of any kind in the past
10 years
- A passenger younger than 16 years on board
It is illegal for the owner of a motorboat to knowingly allow
the boat to be operated by someone under the influence of alcohol,
a controlled substance, or any other illegal chemical.

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Areas of Impairment Due to Blood Alcohol
Concentration (BAC)
Because you can drink faster than your system can burn
the alcohol off, there is an increasing level of alcohol in your blood.
This level is referred to as Blood Alcohol Concentration (BAC). |
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