March 21, 2010
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How Drunk Can You Be Out At Sea? Land Laws Generally Apply

Coast GuardCoast Guard

When it comes to drinking while at the helm, the rule is this: if you're too drunk to drive a car, stay out of your boat. Laws for boating under the influence – BUI – are similar to those on land.

Thanks to Congress, the standards for intoxication for recreational boaters are the same as those on land in all 50 states and Washington DC: a blood alcohol content of 0.08 – the equivalent of roughly four drinks in one hour for a 170-pound person – is enough to result in arrest.

The Coast Guard has the right to board a vessel if they suspect the captain is intoxicated. Anyone piloting a recreational boat in American waters – from a solo kayaker to the captain of a mega-yacht – is subject to these regulations, which carry a maximum penalty of a year in jail, a $5,000 fine or both.

What happens when authorities suspect you are intoxicated? The Coast Guard can stop and board your vessel to investigate. They can also take you to shore to perform a sobriety test – even sober people occasionally wobble on deck – or administer a breathalyzer. Want to see the field sobriety tests? The Coast Guard has video on its website.

– Theodore J. Sawchuck

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