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Official Nevada Boating Handbook Nevada Department of Wildlife

It's the Law: On the Water

Alcohol and Drugs

  • Nevada law prohibits anyone from operating under the influence (OUI). This includes the operation of any powerboat, sailboat, personal watercraft, water skis, sailboard, or similar device while under the influence of alcohol or a controlled substance.
  • By operating a vessel on Nevada's waters, you have given "implied" consent to evidentiary alcohol testing if an officer has reasonable suspicion. There is no right to refuse the test.
  • Nevada law states that a person is considered to be operating under the influence if he or she:
    • Has a blood alcohol concentration of 0.08% or more or ...
    • Is under the influence of alcohol and/or a controlled substance to a degree that renders the person incapable of operating the vessel safely.
  • Nevada law establishes the following penalties for operating under the influence.
    • Offenders convicted of operating under the influence may be jailed for up to six months and fined up to $1,000 plus court costs and testing fees.
    • Offenders convicted of operating under the influence and causing the death of or substantial injury to another person will be guilty of a felony. Punishment may include jail time of 2-20 years and a fine of $2,000-$5,000.

Why drinking and boating can be lethal ...

  • "Don't drink and boat!" messageThe effect of alcohol is increased by the natural stressors (wind, sun, vibration) placed on your body while boating. Also, the dehydration of your body caused by the natural stressors causes alcohol to be absorbed into your system more quickly. Research has proven that one-third of the amount of alcohol that it takes to make a person legally intoxicated on the road can make a boater equally intoxicated on the water.
  • Alcohol depresses the central nervous system, affects judgment, and slows reaction time. Most people become slightly intoxicated after only one drink. Alcohol makes it difficult for you to pay attention, especially to multiple tasks. For example, it will be more difficult for you to keep track of two or more vessels operating in your area. This could become critical if you are placed in an emergency situation and you must make a sudden decision.
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Online boating safety handbook last modified: April 22, 2008
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