On The Water
Minn. Stat. 169A.20 — a motorboat in operation is a motor vehicle, and 0.08 is the line
In Minnesota, the impaired driving law reaches the water. It is a crime to drive, operate or be in physical control of any motor vehicle in the state or on any boundary water while under the influence of alcohol, a controlled substance, an intoxicating substance or cannabis, or with an alcohol concentration of 0.08 or more at the time or within two hours.
A motorboat is a motor vehicle here. For the impaired driving chapter, a motor vehicle includes motorboats in operation and off-road recreational vehicles, but not a vehicle moved solely by human power.
Refusing the test. Refusing a chemical test of breath under the implied consent law, or of blood or urine required by a search warrant, is a separate crime.
Personal watercraft. No one may operate a personal watercraft unless each person aboard wears an approved flotation device labeled for personal watercraft use; between one hour before sunset and 9:30 a.m.; faster than slow-no wake speed within 150 feet of a shoreline, dock, swimmer, swimming raft, or a moored, anchored or nonmotorized watercraft; or without the engine cutoff lanyard attached where the craft has one.
- Towing a skier takes an observer on board, or factory mirrors giving a wide view to the rear.
- No chasing or harassing wildlife.
- No weaving through congested traffic, jumping another watercraft's wake within 150 feet, or operating while facing backward.
Licensing. A watercraft that requires a license may not be operated on the waters of the state unless its license is issued and valid, the number is affixed, and a valid registration sticker is displayed. Exemptions include some watercraft licensed elsewhere that have not been in the state more than 90 consecutive days.
| The assumption | What the law actually does |
|---|---|
| The assumptionThe impaired driving law stops at the shoreline | What the law actually doesA motorboat in operation is a motor vehicle under the impaired driving chapter |
| The assumptionA personal watercraft can run at dusk like any boat | What the law actually doesNot between one hour before sunset and 9:30 a.m. |
Penalties and license consequences for impaired boating, rules for young operators and local water surface rules are not all on this page. What a particular situation carries is a question for a licensed Minnesota attorney.
Sources for this section (4)
- Minn. Stat. 169A.20 — Driving while impaired
- Minn. Stat. 169A.03 — Impaired driving definitions
- Minn. Stat. 86B.313 — Personal watercraft regulations
- Minn. Stat. 86B.301 — Watercraft licenses required
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.