State Boating Under the Influence Blood Alcohol Levels
| State | BAC Level for which a boater is considered intoxicated in the state | Does the state have a lower BAC threshold for minor boaters? | If 'Yes,' what is the lower BAC level for minor boaters? |
| Alabama | 0.08 | Yes | 0.00% |
| Alaska | 0.08 | No | |
| Arizona | 0.08 | Yes | 0.00%, none allowed |
| California | 0.08 for recreational boat operators; 0.01 for minors under 21; 0.04 for commercial operator | Yes | 0.01; California, boaters under 21 are not allowed to consume any alcohol at all. A person under 21 with a BAC of .01 percent or more cannot even use water skis. A BAC of .01 percent to .05 percent in a boater under 21 is an infraction, with penalties similar to a traffic ticket. |
| Colorado | 0.10 | No | |
| Connecticut | 0.08 adults; 0.02 under 21 | Yes | 0.02 under 21 |
| Delaware | 0.08 | No | |
| D.C. | 0.08 | No | |
| Florida | 0.08 BAC or breath alcohol level | Yes | BAC/breath alcohol level of 0.02 or greater |
| Georgia | 0.1 | Yes | 0.02 |
| Guam | 0.08 | No | |
| Hawaii | 0.08 | Yes | 0 |
| Idaho | 0.08 | No | |
| Illinois | 0.08 | No | |
| Indiana | 0.08 | Yes | Any amount of BAC is a violation of anyone under 21 years old |
| Iowa | 0.1 | No | |
| Kansas | 0.08 adults; 0.02 for minors | Yes | 0.02 |
| Kentucky | 0.08 | No | |
| Louisiana | 0.08 | Yes | BAC under 21 is 0.02 |
| Maine | 0.08 | Yes | BAC under 21, violation for any alcohol in the blood |
| Maryland | 0.08 | No | |
| Massachusetts | 0.08 | Yes | 0.02 |
| Michigan | 0.1 | No | |
| Minnesota | 0.08 | No | |
| Mississippi | 0.1 | No | |
| Missouri | 0.1 | No | |
| Montana | 0.08 | No | |
| Nebraska | 0.08 | No | |
| Nevada | 0.08 | No | |
| New Hampshire | 0.08 or higher by blood, breath, or urine; or between .03 and .08 along with other evidence | Yes | .02 under 21 years old |
| New Jersey | 0.08 | No | |
| New Mexico | 0.08 | No | |
| New York | 0.08 for adults; .04 for commercial operators; 0.02 under 21 years old | Yes | .02 under 21 years old |
| North Carolina | .08 BAC | No | |
| North Dakota | .1 | No | |
| Ohio | 0.08 or more BAC | Yes | .02 BAC under 21 years old |
| Oklahoma | 0.1 | No | |
| Oregon | 0.08 BAC | No | |
| Pennsylvania | 0.08 | Yes | 0.02 |
| Rhode Island | 0.08 | No | |
| South Carolina | It is unlawful for a person to operate a moving motorized water device or water device undersail upon the water of the State while under the influence of alcohol or drugs to the extent that the persons faculties to operate are materially and appreciably impaired. If there was at that time 0.08 of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol. | No | |
| South Dakota | 0.08 | No | |
| Tennessee | 0.08 | No | |
| Texas | 0.08 | No | |
| Utah | 0.08 | Yes | "not a drop" Minors cannot have any alcohol in their system |
| Vermont | 0.08 | Yes | .02 under 21 years old |
| Virginia | 0.08 | Yes | .02 under 21 years old |
| Washington | 0.08 | No | |
| West Virginia | 0.08 | No | |
| Wisconsin | 0.08 | Yes | Absolute sobriety |
| Wyoming | .1 | No | A defendant's BAC level will be determined through one of three methods. The most common of these methods involves analyzing the defendant's breath. Other tests examine the defendant's blood or urine. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys can often successfully attack the methods by which the defendant's BAC was analyzed. |
A defendant's BAC level will be determined through one of three methods. The most common of these methods involves analyzing the defendant's breath. Other tests examine the defendant's blood or urine. Refinements in the methods by which a defendant's BAC is determined have strengthened the ability of prosecutors to prove this BAC. However, these tests are not above reproach, and skilled defense attorneys can often successfully attack the methods by which the defendant's BAC was analyzed.
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