Washington’s Laws for Reckless and Negligent Boat Operation

In the state of Washington, it is illegal to operate a boat in a reckless or negligent manner that may endanger the life, safety or property of another person.

‘Reckless’ boat operation is defined as acting carelessly and heedlessly in willful and wanton disregard of the rights, safety, or property of another.

Reckless Boat Operation Examples include:

• Weaving through boat traffic.
• Operating in restricted areas.

Negligent boat operation is defined as operating a boat in disregard of careful and prudent operation, or in disregard of careful and prudent rates of speed, or in a manner that unduly or unreasonably endangers the safety, life, property or other rights of any person entitled to the use of such waters.

Negligent Boat Operation Examples include:

• Breaking the navigation rules.
• Creating a dangerous wake.
• Riding on the gunwale, bow or transom of a boat not equipped with adequate railings to prevent falls overboard.
• Not maintaining a proper lookout.
• Body surfing on the wake behind a motorized boat.

Teak surfing and platform dragging (operating a motorized boat while a person is holding onto the swim platform, swim deck, swim step, swim ladder or any portion of the exterior of the boat’s transom). 

Washington’s Laws for Boat Speed Limits and Operation in Restricted Areas

Waterways in Washington may have specific boating restrictions, speed restrictions, or additional equipment requirements. Boaters must stay current with the regulations for the area where they will be boating. To find information about boating restrictions, check with the local law enforcement in the area and review your local boating regulations online at:  www.mrsc.org/Codes.aspx.

Washington’s Boating and Alcohol Laws

It is illegal in the state of Washington to operate any boat while under the influence of an intoxicating substance, such as drugs and/or alcohol. This law is applicable to the operators of both motorized boats and human-powered craft.

In Washington, a person is considered to be under the influence if, within 2 hours of operating a boat, they:

• Have a Blood Alcohol Concentration (BAC) level of 0.08 or higher,
• Or, they exceed the legal limit for boating under the influence of marijuana of 5.0 nanograms, which is consistent with Initiative 502 that legalized the recreational use of marijuana.
• Or, they are affected by an intoxicating substance such as alcohol and/or drugs.

In Washington, a person convicted of operating under the influence will be guilty of a gross misdemeanor. This is a fine of up to $5,000 and imprisonment for up to 364 days. If a person is killed as a result of operation under the influence, the operator may also be convicted of a felony which can also result in fines and imprisonment. Keep in mind, Washington is among the states with the highest number of recreational boating deaths related to boating under the influence of alcohol.

Implied Consent

Any person operating a boat on Washington waterways is deemed to have given consent to a test (or tests) to determine if they are under the influence of drugs and/or alcohol. This includes breath and blood tests. Refusal to submit to testing can result in fines totaling up to $2,050.

Washington’s Boating Law Enforcement

Washington’s boating laws are enforced by:

• State Park Rangers (within park boundaries)
• Fish and Wildlife Officers.
• City police officers.
• Deputy sheriffs.
• Other officers with law enforcement authority.
• The Coast Guard (on federal waterways)

Law enforcement officers in Washington have the authority to stop and board boats, or to direct boats to a pier or anchorage area for inspection and to ensure they are complying with state and federal laws.

Law enforcement will give a visual or audible signal to the operator to signal that they are being asked to stop their boat and allow law enforcement to come alongside. Refusal to follow direction given by law enforcement is illegal.