On The Water
G.L. c. 90B, § 8 — eight one-hundredths on the water, and a jacket for each person in a canoe or kayak
In Massachusetts, the boating chapter sets its own operating under the influence offense, and its own carriage rule for vessels such as canoes, kayaks and paddleboards.
Eight one-hundredths, or under the influence. No person operates a vessel on the waters of the commonwealth with a percentage, by weight, of alcohol in the blood of eight one-hundredths or greater, or while under the influence of liquor, marijuana, narcotic drugs, depressants or stimulants, or toxic vapors. A first offense carries a fine of not less than one hundred nor more than one thousand dollars, imprisonment for not more than two and one-half years, or both.
Repeat offenses. A prior conviction, or assignment to an alcohol education or rehabilitation program, for a like offense within six years brings a jail term of not less than fourteen days that cannot be suspended, and the minimums climb with each further offense.
A jacket for each person, even in a canoe. Every vessel not subject to section 5 of the chapter, including unpowered vessels such as canoes, kayaks and stand up paddleboards, carries at least one coast guard approved wearable personal flotation device of appropriate size for each person on board, in good and serviceable condition and readily accessible. Competitive rowing, supervised intercollegiate sailing, rafts and surfboards are excepted.
| The assumption | What the law actually does |
|---|---|
| The assumptionPaddle craft are exempt from the jacket rule | What the law actually doesCanoes, kayaks and stand up paddleboards carry one for each person on board |
| The assumptionA first boating offense is only a fine | What the law actually doesIt may also carry imprisonment for not more than two and one-half years |
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 Massachusetts attorney.
Sources for this section (2)
- G.L. c. 90B, § 8 — Operation of a vessel while under the influence
- G.L. c. 90B, § 5A — Wearable personal floatation devices
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.