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Boating Under the Influence

Ala. Code § 32-5A-191.3 — the DUI rules on the water, and a field breath test on probable cause

No one operates or is in actual physical control of a vessel, or works water skis, an aquaplane or any other marine device, on the state's waters in any condition that would be driving under the influence in a motor vehicle. Being legally entitled to use the substance is no defense.

  • Ala. Code § 32-5A-191.3
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Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.

An officer with probable cause may test the operator at the scene with a field breath test as a screening device. Refusing it brings the same punishment as refusing the test on the highway.

  • Ala. Code § 32-5A-191.3

A conviction is punished in the same manner and under the same conditions as driving under the influence.

  • Ala. Code § 32-5A-191.3
Sources for this section (1)
  1. Ala. Code § 32-5A-191.3 — Operation of Vessel and Other Marine Devices While Under Influence of Alcohol or Controlled Substances

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.

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