It's the Law: On the Water

Alcohol and Drugs

• Rhode Island law prohibits anyone from boating while intoxicated (BWI). This includes the operation of any powerboat, sailboat, personal watercraft, water skis, sailboard, or similar device. Intoxicated means a person is under the influence of alcohol, a controlled substance, or drugs such that his or her thoughts or actions are impaired, causing a danger to others.
• Rhode Island law sets the blood alcohol limit for boating while intoxicated at 0.08% or greater.
• Rhode Island law establishes penalties for boating while intoxicated. Penalties are set according to the Blood Alcohol Concentration (BAC) that is detected.
  • On a first conviction for offenders with a BAC of less than 0.10%, the penalties are:
    • $100-$250 fine
    • Right to operate a vessel suspended for up to 45 days
    • 10-60 hours of community service
    • Required attendance at a boating safety course
    • $500 boating safety assessment fee
  • On a first conviction for offenders with a BAC over 0.10%, the penalties are:
    • $100-$300 fine and/or imprisonment for up to one year
    • Right to operate a vessel suspended for up to three to six months
    • 10-60 hours of community service
    • Required attendance at a boating safety course and/or an alcohol/drug treatment class
    • $500 boating safety assessment fee
  • Operating a vessel while operating privileges are suspended carries additional penalties, including imprisonment and loss of operating privileges for two additional years.
  • Any convicted offender who had a child under 13 years of age on board the vessel may be imprisoned for up to one year. This imprisonment cannot be deferred or suspended.
  • An operator under 21 years of age who is convicted of BWI or for refusing to submit to chemical testing (see below) also may have his or her motor vehicle driver’s license suspended for one year, lose the right to operate a vessel for up to an additional six months, and have the vessel’s registration suspended.
  • Subsequent convictions within a five-year period carry higher fines and other severe penalties, including imprisonment for up to five years and seizure of the offender’s vessel.
• By operating a vessel on Rhode Island waters, you have consented to be tested for alcohol and/or drugs if requested by a law enforcement official. Refusal to submit to testing carries an automatic fine of $300, a $700 assessment fee, up to 60 hours of community service, and loss of operating privileges for one year. Fines and penalties will increase substantially with subsequent offenses.

Why drinking and boating can be fatal …

• The effect of alcohol is increased by the natural stressors (wind, sun, vibration) placed on your body while boating. Also, alcohol causes dehydration of your body. It takes less alcohol, combined with stressors, to impair an operator’s ability to operate safely. Research has proven that one-third of the amount of alcohol that it takes to make a person legally intoxicated on land can make a boater equally intoxicated on the water.
• Alcohol depresses the central nervous system, affects judgment, and slows reaction time. Most people become impaired after only one drink.
• Alcohol makes it difficult for you to pay attention and perform 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 must make a sudden decision.

Always designate non-drinking boaters to operate the vessel and to act as an observer if your group plans to consume alcohol. Never allow your skipper to operate if he or she is drinking.