On The Water
Wis. Stat. 30.681 — 0.08 at the controls, and a device for each person aboard
In Wisconsin, intoxicated boating has its own section, and the equipment section sets what has to be aboard.
0.08, or incapable of safe operation. No person operates a motorboat under the influence of an intoxicant to a degree that renders the person incapable of safe motorboat operation, with an alcohol concentration of 0.08 or more, or with a detectable amount of a restricted controlled substance in the blood. For a commercial motorboat the figure is 0.04.
Under the legal drinking age, more than 0.0. A person who has not reached the legal drinking age may not operate a motorboat with a blood alcohol concentration of more than 0.0 but less than 0.08.
Causing injury. The same conditions make it a separate violation to cause injury to another person by operating a motorboat.
A device for each person aboard. Every boat except a sailboard carries at least one personal flotation device of the federally prescribed type for each person on board or being attended by the boat, readily accessible. Everyone riding a personal watercraft wears a type I, II, III or V device, and a lanyard engine cutoff switch, where the manufacturer fitted one, is attached to the operator.
| The assumption | What the law actually does |
|---|---|
| The assumptionA drink or two is fine for an underage operator | What the law actually doesMore than 0.0 is a violation below the legal drinking age |
| The assumptionLife jackets only have to be aboard for the driver | What the law actually doesEvery boat carries one for each person on board or being attended by the boat |
Boating safety certificates, registration and the penalties for repeat offenses are not all on this page. What a particular situation carries is a question for a licensed Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 30.681 — Intoxicated boating
- Wis. Stat. 30.62 — Boat equipment, including personal flotation devices
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.