On The Water
A.R.S. 5-395 — twelve and under in the jacket, and 0.08 within two hours
In Arizona, the watercraft chapter has its own impaired operation section and its own flotation rules, and both turn on whether the watercraft is underway.
A child twelve or under wears the jacket. A child who is twelve years of age or under and on board a watercraft wears a properly fitting coast guard approved wearable personal flotation device whenever the watercraft is underway, with narrow exceptions for certain inspected passenger vessels and supervised rowing shells.
One for each person aboard. Every watercraft except a sailboard carries a coast guard approved device for each person on board, in good and serviceable condition and readily accessible for immediate use. Anyone being towed behind a watercraft wears one, unless performing in a professional exhibition.
0.08, or impaired to the slightest degree. It is unlawful to operate or be in actual physical control of a motorized watercraft that is underway while impaired to the slightest degree by liquor or drugs, with an alcohol concentration of 0.08 or more within two hours, with a listed drug or its metabolite in the body, or, on a commercial motorized watercraft, with 0.04 or more.
At trial. The operator may arrange an additional test by a qualified person of their own choosing, a refusal is admissible as evidence, and the defendant is told at arraignment that a jury trial will be granted on request.
| The assumption | What the law actually does |
|---|---|
| The assumptionA kayak needs nothing aboard | What the law actually doesEvery watercraft except a sailboard carries a device for each person on board |
| The assumptionUnder 0.08 means no charge | What the law actually doesImpaired to the slightest degree is its own violation, as is a listed drug in the body |
Registration and numbering, boating education, the rest of the equipment rules and the higher penalties for repeat offenses are not all on this page. What a particular citation carries is a question for a licensed Arizona attorney.
Sources for this section (2)
- A.R.S. 5-395 — Operating or in actual physical control of a motorized watercraft while under the influence
- A.R.S. 5-331 — Personal flotation devices; requirements; exceptions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.