Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
West Virginia law prohibits anyone from operating under the influence (OUI)—that is, operating any motorized vessel while under the influence of alcohol or any combination of alcohol, controlled substances, 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.
West Virginia law states that a person is considered to be “operating under the influence” (OUI) if he or she has an alcohol concentration in his or her blood of 0.08% or more by weight.
West Virginia law establishes these penalties for operating under the influence.
- Upon a first conviction, the operator may be imprisoned for up to 6 months and fined up to $500.
- If the operator is less than 21 years of age and has an alcohol concentration in his or her blood of 0.02% or more but less than 0.08% by weight, the operator is guilty of a misdemeanor.
- If the operator has a person less than the age of 16 years old on board, the operator is guilty of a misdemeanor.
- If the operator recklessly causes the death of someone, upon conviction the operator will be imprisoned for 1-10 years and fined $1,000-$3,000.
It is illegal to knowingly permit your motorized vessel to be operated by someone who is under the influence.
By operating a vessel on West Virginia waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement official. If you refuse, you will be subject to arrest and punishment consistent with state law.
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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). |
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