On The Water
N.J.S.A. 12:7-46 — 0.08 on the water, and the driver's license that goes with it
In New Jersey, operating a vessel under the influence costs the privilege to operate a vessel and the privilege to drive on the highways, both, from a first offense. The section reaches power vessels and any vessel 12 feet or greater in length.
0.08, or under the influence. No person operates a vessel while under the influence of liquor or a narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration of 0.08 percent or more, and no owner or person in control lets someone in that condition operate it.
- A first offense from 0.08 up to 0.10 percent: a fine of $250 to $400, one year without vessel privileges, and three months without driving privileges.
- A first offense at 0.10 percent or more, or under the influence of drugs: a fine of $300 to $500, one year without vessel privileges, and seven months to one year without driving privileges.
- A second offense: a fine of $500 to $1,000, 30 days of community service, 48 hours to 90 days of imprisonment, and two years without either privilege.
- A third or subsequent offense: a fine of $1,000, at least 180 days of imprisonment, and 10 years without either privilege.
Refusing the test. Refusing the chemical test after an arrest costs the privilege to operate a power vessel or one 12 feet or greater in length for one year on a first offense, the privilege to drive for seven months to one year, and a fine of $300 to $500, and a boat safety course comes before vessel privileges return.
| The assumption | What the law actually does |
|---|---|
| The assumptionA boating charge cannot touch a driver's license | What the law actually doesEven a first offense forfeits the privilege to drive on the highways |
| The assumptionOnly powerboats are covered | What the law actually doesPower vessels, and any other vessel 12 feet or greater in length |
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 New Jersey attorney.
Sources for this section (2)
- N.J.S.A. 12:7-46 — Penalties for operating vessel under the influence
- N.J.S.A. 12:7-57 — Refusal to submit to chemical test; revocation of privileges, fines
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.