On The Water
Va. Code 29.1-738 — the road's alcohol limit on the water, and the personal watercraft rules
In Virginia, the boating offense borrows its alcohol figure from the driving statute, and the personal watercraft section sets its own age and equipment rules.
The road's figure, on the water. No person operates a watercraft or motorboat that is underway with a blood alcohol concentration at or above the level at which driving is unlawful, while under the influence of alcohol, or while impaired by drugs or above set blood levels of certain drugs. The driving figure is 0.08 percent. A violation is a Class 1 misdemeanor, and operating includes being in actual physical control.
Personal watercraft. An operator is at least sixteen years of age, or fourteen or fifteen with an approved boating safety course and proof of it carried while operating. Each rider wears a coast guard approved personal flotation device, the lanyard of an engine cut-off switch, where the craft has one, is attached, and no one operates one between sunset and sunrise.
Slow near others. A personal watercraft goes no faster than the slowest speed that keeps steerage and headway within fifty feet of docks, piers, boathouses, boat ramps, people in the water, and vessels other than personal watercraft. A violation of the section is a Class 4 misdemeanor.
Not evidence of negligence. A violation of the personal watercraft section is not negligence, and is not admissible, in a civil suit for damages over the operation of the craft.
| The assumption | What the law actually does |
|---|---|
| The assumptionA personal watercraft follows the same rules as any boat | What the law actually doesIts riders wear flotation devices, and it may not run between sunset and sunrise |
| The assumptionDrinking aboard at anchor is the same offense | What the law actually doesThe section reaches a watercraft or motorboat that is underway, not one at anchor, made fast to the shore, or aground |
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 Virginia attorney.
Sources for this section (3)
- Va. Code 29.1-738 — Operating a boat recklessly or while intoxicated
- Va. Code 29.1-748 — Personal watercraft: restrictions on operation; penalty
- Va. Code 18.2-266 — Driving motor vehicle while intoxicated
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.