OPERATING A BOAT WITH A BLOOD ALCOHOL LEVEL OF .08% OR GREATER

G.L. c. 90 § 8(a)(1)

• A person is guilty of operating a boat (vessel) while having a blood alcohol level of .08 percent or greater (and with operating a boat (vessel) while under the influence of alcohol) if the Commonwealth can prove three elements, beyond a reasonable doubt:
  • (1) That the defendant operated a boat (vessel);
  • (2) That the boat (vessel) was operated on the waters of the Commonwealth; and
  • (3) That at the time of operation, the percent of alcohol in the defendant’s blood was .08 or greater.
• Practice Notes
  • Definitions
    • A boat is defined as a watercraft propelled by machinery, whether or not such machinery is the principal source of propulsion. Mass. Gen. Laws c. 90B, § 1.
    • A vessel is defined as a craft for traveling on water. It includes watercraft of every description (except a seaplane), used or capable of being used as a means of transportation on the water. Ships, boats, and jet skis are examples of vessels.  Mass. Gen. Laws c. 90B, § 1
    • Commonwealth waters include all inland waters except ponds that are less than ten acres in area, owned by one person, and not open to the public; and include all coastal waters within the rise and fall of the tide and the marine limits of the jurisdiction of the Commonwealth. Mass. Gen. Laws c. 90B, § 1
  • A person operates a boat (vessel) when he or she navigates, pilots, drives, or otherwise controls the movement of it.