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Boating and Alcohol Laws in Alabama

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Boating and Alcohol Laws

Boating and alcohol laws vary from state to state. In Alabama, it is illegal to operate, or be in physical control of any boat, or manipulate any waterskis, aquaplane, or any other marine transportation device on the waters of the state, while under the influence of alcohol or controlled substances, or drugs.

Boating and alcohol laws

In Alabama, a person is considered to be under the influence if:

  • They are found to have a Blood Alcohol Concentration (BAC) level of 0.08 or higher.
  • They are under the influence of alcohol, drugs, controlled substances or any combination thereof.
  • They are under the influence of any substance which impairs their physical or mental abilities.

In Alabama, a person who is convicted of operating a boat while under the influence will be subject to the following penalties:

Upon a first violation:

  • A fine up to $2,100 and/or ;
  • Imprisonment for 1 year and;
  • The suspension of their operators certification for 90 days.

Upon a second violation:

  • A fine up to $5,100 and/or;
  • Imprisonment for up to 1 year (mandatory jail sentence of 5 days minimum OR community service for a minimum of 30 days) and;
  • The suspension of  their operators certification for 1 year.

Upon a third violation:

  • A fine of more than $10,000 and/or;
  • Imprisonment for up to 1 year (mandatory sentence of 60 days minimum) and;
  • The suspension of their operator’s certification for 3 years.

Implied Consent

If law enforcement have probable cause to believe that an operator is under the influence, they have the authority to administer and test the operator at the scene, using a field breathalyzer or other approved device, to determine if the operator is under the influence of alcohol. Refusal to submit to testing will result in the same penalties for operators of motor vehicles on Alabama state highways.

Alabama’s Law Enforcement Authority

Boating laws in Alabama are enforced by:

  • Marine Police Officers.
  • County Sheriffs.
  • All other officers of the Alabama Department of Conservation and Natural Resources.
  • The USCG.

Law enforcement in the state of Alabama have the authority to stop and board any boat in order to ensure it is in compliance with state and federal laws. The USCG has enforcement authority on federal waters.

Operators are required to stop their boat, allow the enforcement officer to come alongside, and allow them to inspect their boat registration and safety equipment, if requested to do so.