Is it ok to drink alcohol on a boat? What California law says about boozing and cruising
As much of California bakes in the summer heat, many Golden State residents are seeking a cool escape with a boating trip.
Before you set sail, it’s important to know what you can — and can’t — do on a boat in California.
Can you legally drink beer or other alcohol while on the water?
Here’s what our journalists with How To California — a community-driven series designed to help readers navigate life in the Golden State — found:
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Is it legal to drink alcohol on a boat in California?
According to the California State Parks website, it is not illegal for you or your passengers to drink alcohol on a boat while out on the lake, river, ocean or other body of water.
However, “It is against the law to operate a vessel while under the influence of intoxicating liquor or drugs,” the website says.
California Harbors and Navigation Code 655 prohibits operating any boat, watercraft, jet ski or vessel while under the influence of alcohol or drugs, or with a blood alcohol level of 0.08% and higher.
“If there was at that time 0.08 percent or more, by weight, of alcohol in the person’s blood, it shall be presumed that the person was under the influence of an alcoholic beverage at the time of the alleged offense,” the law says.
Can I get in trouble for drinking and boating?
According to Shouse California Law Group, boating under the influence of alcohol or drugs is legally equivalent to driving under the influence.
In California, the consequences for boating under the influence of intoxicants — also known as BUI — vary based on the specific violation and whether it’s a first offense, the law firm said.
A person caught boating under the influence can be charged with a misdemeanor, which carries a potential jail sentence of six months to a year and/or a fine up to $1,000.
If a person causes injury to others while boating under the influence, the offense can be classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
Felony penalties for causing injury range from 16 months to three years in prison, according to Shouse California Law Group.
This story was originally published August 10, 2024 at 6:00 AM.
