Can You Get a DUI on a Boat?

May 23, 2025

Pennsylvania has a law that applies specifically to boating under the influence. This statute is very similar to the one that prohibits driving a motor vehicle under the influence of drugs or alcohol. The legal limits for alcohol and the penalties imposed on the boater are similar to those in the context of motor vehicles. If you have been charged with boating under the influence of drugs or alcohol, you may be facing serious consequences, and you need the help of an experienced criminal defense lawyer.

What Is Boating Under the Influence?

Pennsylvania law prohibits boating under the influence of either drugs or alcohol. In Pennsylvania, the legal limit for boaters is the same as for drivers.

• Adults break the law if they have a blood alcohol content of .08 or greater.
• Minors would violate the law when their blood alcohol level is .02, which is the equivalent of less than one drink.
• The maximum BAC level is 08. It may be possible to violate the law with less than that level if you cannot safely operate a boat.

Further, you could also be found to have violated the law if your blood alcohol level was above this amount within two hours of the time after you had physical control of the watercraft.

In addition, it is also illegal to boat when under the influence of any type of controlled substance. This can include illegal drugs and cannabis. You could also be charged with boating under the influence if you have taken certain controlled substances. It does not matter whether the use of alcohol or a controlled substance was permissible under other circumstances. Using them prior to or while operating a boat is a crime in Pennsylvania.

What Are the Consequences of Boating Under the Influence?

The consequences of boating under the influence of drugs or alcohol are similar to those that you may experience for a DUI. The actual penalty that you would face depends on both the amount of alcohol that is alleged to have been in your system within two hours after the time that you were stopped and the number of offenses that it is. On a first offense for general impairment, you would face six months of probation and lose your boat and privileges. You could face jail time for boating under the influence when you have been found to have had a high level of alcohol in your system, or it was not your first offense.

The penalties may escalate if there is serious bodily injury or death involved. For example, homicide while boating under the Influence is a second-degree felony, which is punishable by a mandatory minimum jail sentence of 3 years.

What Should I Do if I Have Been Charged with Boating Under the Influence?

Just like a DUI, you need legal help when you have been charged with boating under the influence. You would generally be faced with two potential courses of action:

• You could find any defenses that may allow you to fight the charges against you, such as the fact that your boat was illegal in the first place, or your blood test results were corrupted.
• You could negotiate with the prosecutor to receive either no jail time at all or a minimum sentence.
• A West Chester DUI attorney will review your case and help determine the option that may work best for you.

Contact a West Chester DUI lawyer at the Law Offices of Heather J. Mattes

If you have been charged with operating a boat under the influence, contact a West Chester DUI lawyer at the Law Offices of Heather J. Mattes. You can schedule a free initial consultation with an attorney by calling us today at 610-431-7900 or contacting us online. Our office is in West Chester, Pennsylvania, and we also serve clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.