On The Water
RCW 79A.60.160 — twelve and under in the jacket below nineteen feet, and 0.08 within two hours
In Washington, the boating chapter makes operating under the influence a gross misdemeanor, and lets an officer stop a boat over a child's missing life jacket alone.
Twelve and under, below nineteen feet. No person operates a vessel under nineteen feet in length with a child twelve years old and under unless the child wears an appropriate coast guard approved personal flotation device while the vessel is underway and the child is on an open deck or open cockpit. Below deck, an inspected passenger vessel, and places where no one would reasonably expect a danger of drowning are excepted, and enforcement may be a primary action.
0.08 within two hours, or THC. A person is under the influence if, within two hours of operating a vessel, the person has an alcohol concentration of 0.08 or higher or a THC concentration of 5.00 or higher, or is under the influence of or affected by liquor, cannabis or any drug. It is a gross misdemeanor, and reckless operation is a misdemeanor.
The breath test. Anyone who operates a vessel is deemed to consent to a breath test after an arrest on reasonable grounds, and the officer warns that refusing brings a class 1 civil infraction. Where the arrest follows a crash causing serious bodily injury or death, or a drug is suspected, a blood test takes consent and a waiver, a search warrant, or exigent circumstances.
What is aboard. No person operates or permits the operation of a vessel without a serviceable personal flotation device of appropriate size, readily accessible, for each person on the vessel.
| The assumption | What the law actually does |
|---|---|
| The assumptionAn officer needs another reason to stop the boat | What the law actually doesEnforcement of the child jacket rule may be a primary action |
| The assumptionRefusing the breath test ends the matter | What the law actually doesRefusal brings a class 1 civil infraction, and a blood test may follow a warrant |
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 Washington attorney.
Sources for this section (2)
- RCW 79A.60.160 — Personal flotation devices required
- RCW 79A.60.040 — Operating a vessel recklessly or under the influence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.