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.
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 assumption | What the law actually does |
|---|---|
| The assumptionThe test has to be taken within two hours | What 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 law | What 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)
- 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.