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Officer testing for sobriety

Alabama law establishes the following penalties for those arrested and convicted of boating under the influence:

  • On the first offense, a fine of upto $2,100 and/or sentence of one year in jail, and suspension of his or her operator's certification for 90 days
  • On the second offense, a fine of up to $5,100 and/or sentence of up to one year in jail with a mandatory sentence of not less than 5 days or community service for not less than 30 days, and suspension of his or her operator's certification for one year
  • On the third offense, a fine up to $10,100 and/or sentence of up to 1 year in jail with a mandatory sentence of not less than 60 days, and suspension of his or her operator's certification for three years.

If it is believed that a person who operates a vessel on the waters of Alabama is boating under the influence of alcohol or any other controlled substance, he or she must submit to a field breath test or any other approved testing for blood alcohol concentration. Refusal to submit to a field breath test, or other approved testing device, will result in the same punishment as provided in Alabama law for operators of motor vehicles on state highways.