# alcohol and boats



## wickford (Oct 25, 2005)

Anyone know the law on drinking and boating? I often times would like to be sitting on the boat on a nice evening and have a beer, but I cannot seem to find anything on the ODNR site that states the specific laws.

Can anyone direct me to the specific portions of the law that addresses such? Not looking for opinions, but rather what the Ohio laws actually are...

Everyone I talk to has a different thought on the subject and no one I've talked to seems to really know...

Thanks in advance!!


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## wave warrior (Oct 2, 2005)

Chapter 4: The Legal Requirements of Boating
Operating Under the Influence of Alcohol or Drugs Prohibited / Testing 
(ORC 1547.11 & ORC 1547.111)
No person shall operate or be in physical control of any vessel underway, or manipulate any water skis or similar device, if the person is under the influence of alcohol and/or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment (youre more inclined to take risks when drinking), and slow reaction time. Alcohol contributes to about one-third of all fatal boating accidents nationwide. Read more about the effects and risks of consuming alcohol.

Ohio law states that a person is considered to be operating a vessel under the influence of alcohol or drugs if he or she:

Has a blood or breath alcohol concentration of 0.08% or greater or  
Is under the influence of any controlled substance or any other drug, or any combination of alcohol, controlled substance, or drugs that renders that person incapable of operating safely. 
Ohio law further states:

A person under 21 years of age is considered to be under the influence if his or her blood alcohol concentration (BAC) exceeds 0.02%. 
Any person who operates a vessel, water skis, or similar device shall be deemed to have given consent to a chemical test or tests of their blood, breath, or urine to determine alcohol or drug content if arrested. 
If a person under arrest refuses to submit to a chemical test, the person is prohibited from operating a vessel or water skis or from registering a vessel for a one-year period. 
If the person is the owner of the vessel, the registration certificate and tags will be impounded for a one-year period. 
Ohio courts impose serious penalties for operating under the influence of alcohol or drugs. Those found guilty can be charged with large fines and may face jail time. 
Incapacitated Operators Prohibited (ORC 1547.12) 
No person shall operate any vessel if they are unable physically or mentally to operate in a safe and competent manner. 
No person shall permit operation of a vessel in violation of this section. 
Complying with Officer; Eluding or Fleeing; Stopping or Yielding to Law Enforcement Vessel (ORC 1547.13, ORC 1547.131, & ORC 1547.132) 
No person shall fail to comply with any lawful order from an officer having authority to direct or regulate the operation or use of vessels. A boat operator shall not purposely elude or flee from an officer after a visible or audible signal to bring the vessel to a stop is given. 
Upon the approach of a law enforcement vessel with a blue flashing light, the operator of any vessel shall stop or give way in any situation until the law enforcement vessel has passed. 
No person shall operate a vessel in a way that creates a wake within 100 feet of a stopped law enforcement vessel with a blue flashing light. 
No person shall operate a vessel in a way that creates a wake within 100 feet of a public service vessel displaying a red and yellow alternating flashing light. 
No person shall permit operation of a vessel in violation of these sections. 
Public service vessels are boats that are escorting or patrolling special water events; providing traffic control, salvage, firefighting, or medical aid support; assisting disabled boats; or performing search and rescue. You are responsible for any damage or injury caused by your wake. Either steer well clear or pass at idle speed.



The best thing you can do for your safety and the safety of your passengers and other boaters is simpleDon't drink and boat!
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).



Ohio Department of Natural Resources,
Division of Watercraft 


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## nixmkt (Mar 4, 2008)

I haven't researched it but I believe any boat operational limits are only based on the under the influence limit as wave warrior posted. 
Preventing you from having a beer on a boat is based in the rules of the park/property the lake is in, i.e. alcoholic beverages are prohibited everywhere in state parks.

If you were on a private lake that didn't prohibit alcohol, and you remained below the under the influence limit and responsible about it, I assume you could have a beer and be ok.


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## wickford (Oct 25, 2005)

Perfect!! Thanks Wave warrior!! This was exactly what I've been trying to find!!


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## BigChumBucket (Apr 19, 2009)

Your passengers can drink as long as booze is not prohibited by lake right?


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## wargoth (Sep 11, 2007)

BigChumBucket said:


> Your passengers can drink as long as booze is not prohibited by lake right?


As I understand the law, that is correct.


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## Eliminator (Aug 26, 2006)

But....is it a privately owned lawn, am I allowed to get plastered mowing my own lawn?


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## barf (May 10, 2009)

On one hand it is not safe to operate machinery while drinking . On the other hand I do not need ,or want the government telling me what is(and or is not) best for me .The kicker is that one can hurt others while operating (anything drunk) ....So in the intrest of humanity as a( HOLE ) it is probibly not the best practice...................


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