On The Water
Nat. Res. § 8-738 — the road's alcohol rules at the helm, and a certificate for anyone born on or after July 1, 1972
In Maryland, a person may not operate or attempt to operate a vessel while under the influence of alcohol, impaired by alcohol, so far impaired by drugs, or drugs and alcohol, that the person cannot operate it safely, or impaired by a controlled dangerous substance the person is not entitled to use.
The test. Anyone who operates a vessel on the waters of the State is deemed to have consented to a test if detained by an officer with reasonable grounds. A person generally may not be compelled to take one, but after a refusal, or a result of 0.08 or more, the court may on conviction also bar the person from operating a vessel on the waters of the State.
- Under the influence, first offense: a fine of not more than $1,000, imprisonment for not more than 1 year, or both.
- Impaired, first offense: a fine of not more than $500, imprisonment for not more than 2 months, or both.
- A conviction for driving under the influence on the road counts as a prior conviction here.
A boating safety certificate. A person born on or after July 1, 1972, may not operate a pleasure vessel that is required to be numbered without first obtaining a certificate of boating safety education, and carries it while operating. Once issued, it is valid for life.
Operators under 16. A person under the age of 16 operating a numbered vessel holds a certificate of boating safety education or is supervised by a qualified person aboard, as the section sets out.
After a collision. The operator of a vessel in a collision, accident or other casualty renders all practical and necessary assistance it can without serious danger to its own vessel or people aboard, and gives a name, address and vessel identification to anyone injured and to the owner of damaged property. Where someone is hurt, the operator stops as close as possible to the scene.
Reporting it. An accident causing a death, a disappearance, or medical treatment beyond first aid is reported to the Department within 48 hours; any other reportable accident, within 10 days. Property damage of $2,000 or more makes an accident reportable.
| The assumption | What the law actually does |
|---|---|
| The assumptionA drink at the helm is not like a drink behind the wheel | What the law actually doesOperating a vessel under the influence or impaired is a misdemeanor, and a road conviction counts as a prior one |
| The assumptionNo license or course is needed to drive a boat | What the law actually doesAnyone born on or after July 1, 1972, needs a certificate of boating safety education for a numbered pleasure vessel |
Life jackets, speed zones, personal watercraft limits and the tests after a fatal accident are not all on this page. What a particular situation carries is a question for a licensed Maryland attorney.
Sources for this section (3)
- Md. Code, Nat. Res. § 8-738 — Operating a vessel under the influence or impaired
- Md. Code, Nat. Res. § 8-712.2 — Certificate of boating safety education
- Md. Code, Nat. Res. § 8-724 — Boating accidents: duties and reports
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.