California Laws on Driving a Ski Boat Impaired

Boating fatalities can occur when boats capsize, or turn over, or collide with other boats or users of waterways. According to the California Department of Boating and Waterways, alcohol use is a factor in 49 percent of boating-related deaths. As with motorists on roads and highways, those who operate ski boats and other vessels while impaired face criminal prosecution and penalties, and place the safety of themselves and others at risk.

  1. Description of Ski Boats

    • California impaired boating laws classify recreational vessels as those used for pleasure. A ski boat is a recreational vessel when used for personal use. A ski boat operated for business use is not a recreational vessel.

    Prohibitions on Impaired Boating

    • Four bottles of beer can legally impair most boat operators under California law.

      A person may not operate a recreational ski boat while under the influence of alcohol or drugs, or with a blood-alcohol content of 0.08 percent. According to the Calfornia Department of Boating and Water Safety, most people have 0.08 percent alcohol in their blood after four 12-ounce beers or four 4-ounce glasses of wine. For non-recreational vessels, the maximum blood alcohol content is 0.04 percent. Operators under age 21 are limited to 0.01 percent.

    Arrest and Proof of Impairment

    • A California law enforcement officer may arrest a ski boater on the officer's observations or on the oral or written report of a Coast Guard officer who saw the offense. The officer is to administer a blood or breath test within three hours after operation of the boat to determine the amount of alcohol in a person's blood. The court may base guilt solely upon a blood alcohol content of 0.08 percent or higher. If the content is at least 0.05 percent but less than 0.08 percent, the court can consider the content along with other evidence, such as slurred speech or the inability to walk straight. A person with less that 0.05 percent alcohol in the blood is presumed not to be impaired. For non-recreational vessels, a conviction may be based upon a 0.04 percent blood-alcohol level.

    Penalties

    • A person convicted of a first offense for operating a ski boat while impaired faces up to six months in jail and a $1,000 fine. Repeat offenders may be sentenced to one year in jail and face additional fines. California enhances penalties for those who refuse a breath or blood test when lawfully arrested for boating while impaired.