Can you legally drink on a boat in KY? You might be surprised by what the law allows
The temperature high in Lexington Monday is expected to reach a scorching 97 degrees Fahrenheit. That kind of heat might have you fantasizing about escaping to a Kentucky lake to boat with friends, take a refreshing dip, water ski or just enjoy a drink or two.
Generally, there is no license requirement for adults to drive boat in Kentucky, but there are some age and educational options. But what about activities once you are on the water, like that beverage?
If you plan to be on the water this summer, you should know drinking alcohol while boating could land you in legal hot water. Here’s what to law allows.
Is it illegal to drink while on the water or boating in Kentucky?
It should go without saying the person steering the boat shouldn’t be drinking. After all, Kentucky’s laws against driving under the influence don’t just apply on land. Just like when you’re behind the wheel of a car, Kentucky’s legal limit while steering a boat is 0.08% blood alcohol content.
So what about the boat’s passengers? Can they sip on a glass of wine or some beer while a sober skipper steers the vessel? No.
Kentucky law explicitly forbids drinking alcoholic beverages in public spaces, excluding establishments licensed to sell those types of beverages. Kentucky’s waterways are considered public spaces. Additionally, if someone is so drunk they risk putting themselves or others in danger, or even unreasonably annoy others, the person can be arrested. This is established by KRS 222.202.
So to sum things up, while there is no specific “no drinking on boats” statute, Kentucky laws rule that behavior out.
What are the consequences of drinking and boating in Kentucky?
If someone is found to be boating under the influence, they face a hefty fine of $200 to $250 for a first offense. For a second offense, the fine is $350 to $500. A third or subsequent violation comes with a $600 to $1,000 fine, along with a potential 30-day jail sentence.
It’s also worth noting you could face a criminal penalty if you are intoxicated, but aren’t behind the steering wheel of the boat.
In Kentucky, public intoxication offenses come with fines, possible jail time and mandatory treatment for substance use disorder.
Do you have a question about the law in Kentucky for our service journalism team? Send us an email at ask@herald-leader.com or fill out our Know Your Kentucky form.