Chapter 4: The Legal Requirements of Boating
Operating Under the Influence of Alcohol or Drugs Prohibited / Testing
(ORC 1547.11 & ORC 1547.111)

No person shall operate or be in physical control of any vessel underway, or manipulate any water skis or similar device, if the person is under the influence of alcohol and/or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment (you’re more inclined to take risks when drinking), and slow reaction time. Alcohol contributes to about one-third of all fatal boating accidents nationwide. Read more about the effects and risks of consuming alcohol.

Ohio 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 …
• Is under the influence of any controlled substance or any other drug, or any combination of alcohol, controlled substance, or drugs that renders that person incapable of operating safely.

Ohio law further states:

• A person under 21 years of age is considered to be under the influence if his or her blood alcohol concentration (BAC) exceeds 0.02%.
• Any person who operates a vessel, water skis, or similar device shall be deemed to have given consent to a chemical test or tests of their blood, breath, or urine to determine alcohol or drug content if arrested.
  • If a person under arrest refuses to submit to a chemical test, the person is prohibited from operating a vessel or water skis or from registering a vessel for a one-year period.
  • If the person is the owner of the vessel, the registration certificate and tags will be impounded for a one-year period.
• Ohio courts impose serious penalties for operating under the influence of alcohol or drugs. Those found guilty can be charged with large fines and may face jail time.

Incapacitated Operators Prohibited (ORC 1547.12)

• No person shall operate any vessel if they are unable physically or mentally to operate in a safe and competent manner.
• No person shall permit operation of a vessel in violation of this section.

Complying with Officer; Eluding or Fleeing; Stopping or Yielding to Law Enforcement Vessel (ORC 1547.13 & ORC 1547.131)

• No person shall fail to comply with any lawful order from an officer having authority to direct or regulate the operation or use of vessels. A boat operator shall not purposely elude or flee from an officer after a visible or audible signal to bring the vessel to a stop is given.
• Upon the approach of a law enforcement vessel with a blue flashing light, the operator of any vessel shall stop or give way in any situation until the law enforcement vessel has passed.
• No person shall permit operation of a vessel in violation of these sections.

If you pass a boat stopped by a law enforcement agency, keep in mind that boats cannot be parked. The occupants may be holding on to each other’s boat. You are responsible for any damage or injury caused by your wake. Either steer well clear or pass at idle speed.

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).