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On The Water

30 Pa.C.S. 5502 — 0.08% within two hours, and 0.02% for a minor

In Pennsylvania, the Fish and Boat Code makes operating a watercraft under the influence its own offense, in tiers like the road's.

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0.08%, or incapable of safe operation. An individual may not operate or be in actual physical control of the movement of a watercraft after drinking enough to be incapable of safely doing so, or with an alcohol concentration of at least 0.08% within two hours after operating.

  • At least 0.08% but less than 0.10%: general impairment.
  • At least 0.10% but less than 0.16%: high rate of alcohol.
  • 0.16% or higher: highest rate of alcohol.
  • A minor at 0.02% or higher within two hours is in violation.

Drugs. Any amount of a Schedule I substance, or a Schedule II or III substance not medically prescribed, or its metabolite, in the blood is a violation, as is impairment by a drug or by alcohol and a drug combined. Being legally entitled to use the substance is not a defense.

Arrest. An officer with probable cause may arrest without a warrant, whether or not the violation happened in the officer's presence.

The assumptionWhat the law actually does
The assumptionThe test has to be taken within two hoursWhat the law actually doesLater results may count if good cause is shown and no drinking happened after the arrest
The assumptionA minor under 0.08% is within the lawWhat the law actually doesA minor at 0.02% or higher is in violation

Penalties, implied consent for watercraft, and life jacket rules set by regulation are not all on this page. What a particular situation carries is a question for a licensed Pennsylvania attorney.

Sources for this section (1)
  1. 30 Pa.C.S. 5502 — Operating watercraft under influence of alcohol or controlled substance

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.

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