{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-738.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-738.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-738.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-738.html"}],"law_id":87020,"edition_id":1,"section_id":87020,"structure_id":13558,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","history":"1960, c. 500, \u00a7 62-174.10; 1962, c. 626; 1968, c. 659, \u00a7 62.1-176; 1987, c. 488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015; 1997, c. 703; 2005, c. 616; 2013, c. 787.","full_text":"A\n\nNo person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.B\n\nNo person shall operate any watercraft, as defined in § 29.1-733.2, or motorboat which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in § 18.2-266 as indicated by a chemical test administered in accordance with § 29.1-738.2, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the watercraft or motorboat safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.C\n\nFor purposes of this article, the word “operate” includes being in actual physical control of a watercraft or motorboat and “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.\n\t\t\tAny person who violates any provision of this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":311575,"text":"No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311576,"text":"No person shall operate any watercraft, as defined in § 29.1-733.2, or motorboat which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in § 18.2-266 as indicated by a chemical test administered in accordance with § 29.1-738.2, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the watercraft or motorboat safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311577,"text":"For purposes of this article, the word “operate” includes being in actual physical control of a watercraft or motorboat and “underway” means that a vessel is not at anchor, or made fast to the shore, or aground.\n\t\t\tAny person who violates any provision of this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13558,"edition_id":1,"name":"Boating Safety","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13227,"metadata":{},"date_created":"2026-06-26 03:45:14","date_modified":"2026-06-26 03:45:14","permalink":{"id":193641,"object_type":"structure","relational_id":13558,"identifier":"3","token":"29.1\/7\/3","url":"\/29.1\/7\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13227,"edition_id":1,"name":"Boating Laws","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12934,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":193453,"object_type":"structure","relational_id":13227,"identifier":"7","token":"29.1\/7","url":"\/29.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12934,"edition_id":1,"name":"Wildlife, Inland Fisheries and Boating","identifier":"29.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":192277,"object_type":"structure","relational_id":12934,"identifier":"29.1","token":"29.1","url":"\/29.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55333,"structure_id":13558,"section_number":"29.1-734","catch_line":"Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area","url":"\/29.1-734\/","token":"29.1\/7\/3\/29.1-734","metadata":false},{"id":73163,"structure_id":13558,"section_number":"29.1-734.1","catch_line":"Skin and scuba divers","url":"\/29.1-734.1\/","token":"29.1\/7\/3\/29.1-734.1","metadata":false},{"id":81705,"structure_id":13558,"section_number":"29.1-735","catch_line":"Regulations for vessel operation and equipment","url":"\/29.1-735\/","token":"29.1\/7\/3\/29.1-735","metadata":false},{"id":68939,"structure_id":13558,"section_number":"29.1-735.1","catch_line":"Board authorized to promulgate regulations for seaplanes","url":"\/29.1-735.1\/","token":"29.1\/7\/3\/29.1-735.1","metadata":false},{"id":86125,"structure_id":13558,"section_number":"29.1-735.2","catch_line":"Boating safety education required; Board to promulgate regulations","url":"\/29.1-735.2\/","token":"29.1\/7\/3\/29.1-735.2","metadata":false},{"id":68371,"structure_id":13558,"section_number":"29.1-735.3","catch_line":"Regulation of parasail operators","url":"\/29.1-735.3\/","token":"29.1\/7\/3\/29.1-735.3","metadata":false},{"id":79496,"structure_id":13558,"section_number":"29.1-736","catch_line":"Boat rentals; equipment; safety course","url":"\/29.1-736\/","token":"29.1\/7\/3\/29.1-736","metadata":false},{"id":82900,"structure_id":13558,"section_number":"29.1-737","catch_line":"Muffling devices","url":"\/29.1-737\/","token":"29.1\/7\/3\/29.1-737","metadata":false},{"id":87020,"structure_id":13558,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","url":"\/29.1-738\/","token":"29.1\/7\/3\/29.1-738","metadata":false},{"id":62377,"structure_id":13558,"section_number":"29.1-738.01","catch_line":"Operating boat in an improper manner; penalty","url":"\/29.1-738.01\/","token":"29.1\/7\/3\/29.1-738.01","metadata":false},{"id":60518,"structure_id":13558,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","url":"\/29.1-738.02\/","token":"29.1\/7\/3\/29.1-738.02","metadata":false},{"id":58643,"structure_id":13558,"section_number":"29.1-738.03","catch_line":"Reckless operation of a personal watercraft","url":"\/29.1-738.03\/","token":"29.1\/7\/3\/29.1-738.03","metadata":false},{"id":59608,"structure_id":13558,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","url":"\/29.1-738.1\/","token":"29.1\/7\/3\/29.1-738.1","metadata":false},{"id":60579,"structure_id":13558,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","url":"\/29.1-738.2\/","token":"29.1\/7\/3\/29.1-738.2","metadata":false},{"id":82349,"structure_id":13558,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","url":"\/29.1-738.3\/","token":"29.1\/7\/3\/29.1-738.3","metadata":false},{"id":87092,"structure_id":13558,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","url":"\/29.1-738.4\/","token":"29.1\/7\/3\/29.1-738.4","metadata":false},{"id":66297,"structure_id":13558,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","url":"\/29.1-738.5\/","token":"29.1\/7\/3\/29.1-738.5","metadata":false},{"id":87081,"structure_id":13558,"section_number":"29.1-738.6","catch_line":"When arrested person operating a vessel; how vessel removed from scene of arrest","url":"\/29.1-738.6\/","token":"29.1\/7\/3\/29.1-738.6","metadata":false},{"id":85727,"structure_id":13558,"section_number":"29.1-739","catch_line":"Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest","url":"\/29.1-739\/","token":"29.1\/7\/3\/29.1-739","metadata":false},{"id":54521,"structure_id":13558,"section_number":"29.1-739.1","catch_line":"Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty","url":"\/29.1-739.1\/","token":"29.1\/7\/3\/29.1-739.1","metadata":false},{"id":83534,"structure_id":13558,"section_number":"29.1-739.2","catch_line":"Conservation police officers to patrol lakes","url":"\/29.1-739.2\/","token":"29.1\/7\/3\/29.1-739.2","metadata":false},{"id":78906,"structure_id":13558,"section_number":"29.1-740","catch_line":"Duty to stop and render assistance; penalties for violations","url":"\/29.1-740\/","token":"29.1\/7\/3\/29.1-740","metadata":false},{"id":73273,"structure_id":13558,"section_number":"29.1-741","catch_line":"Furnishing information to agency of United States","url":"\/29.1-741\/","token":"29.1\/7\/3\/29.1-741","metadata":false},{"id":63883,"structure_id":13558,"section_number":"29.1-742","catch_line":"Towing water skis, surfboards, 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structures","url":"\/29.1-744.3\/","token":"29.1\/7\/3\/29.1-744.3","metadata":false},{"id":59480,"structure_id":13558,"section_number":"29.1-744.4","catch_line":"\"Pass-through\" zones; local ordinances; penalties","url":"\/29.1-744.4\/","token":"29.1\/7\/3\/29.1-744.4","metadata":false},{"id":65520,"structure_id":13558,"section_number":"29.1-745","catch_line":"Enforcement of chapter; vessels displaying Coast Guard inspection decal","url":"\/29.1-745\/","token":"29.1\/7\/3\/29.1-745","metadata":false},{"id":76264,"structure_id":13558,"section_number":"29.1-746","catch_line":"Penalties","url":"\/29.1-746\/","token":"29.1\/7\/3\/29.1-746","metadata":false}],"previous_section":{"id":82900,"structure_id":13558,"section_number":"29.1-737","catch_line":"Muffling devices","url":"\/29.1-737\/","token":"29.1\/7\/3\/29.1-737","metadata":false},"next_section":{"id":62377,"structure_id":13558,"section_number":"29.1-738.01","catch_line":"Operating boat in an improper manner; penalty","url":"\/29.1-738.01\/","token":"29.1\/7\/3\/29.1-738.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-738\/","history_text":"

This law was first created in 1960. The record of its establishment is cataloged in chapter 500 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1960 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 626; in 1968, chapter 659; in 1987, chapter 488; in 1988, chapter 176; in 1989, chapter 726; in 1994, chapter 587<\/a>; in 1996, chapters 929<\/a> and 1015<\/a>; in 1997, chapter 703<\/a>; in 2005, chapter 616<\/a>; in 2013, chapter 787<\/a>.<\/p>","references":[{"id":73688,"section_number":"15.2-1716","catch_line":"Reimbursement of expenses incurred in responding to DUI and related incidents","order_by":null,"url":"\/15.2-1716\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":71114,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","order_by":null,"url":"\/18.2-51.5\/"},{"id":74057,"section_number":"19.2-187.02","catch_line":"Admissibility of written reports or records of blood alcohol tests conducted in the regular course of providing emergency medical treatment","order_by":null,"url":"\/19.2-187.02\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":68842,"section_number":"19.2-52","catch_line":"When search warrant may issue","order_by":null,"url":"\/19.2-52\/"},{"id":60675,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","order_by":null,"url":"\/19.2-81\/"},{"id":62377,"section_number":"29.1-738.01","catch_line":"Operating boat in an improper manner; penalty","order_by":null,"url":"\/29.1-738.01\/"},{"id":59608,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","order_by":null,"url":"\/29.1-738.1\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":82349,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","order_by":null,"url":"\/29.1-738.3\/"},{"id":87092,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","order_by":null,"url":"\/29.1-738.4\/"},{"id":66297,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","order_by":null,"url":"\/29.1-738.5\/"},{"id":65520,"section_number":"29.1-745","catch_line":"Enforcement of chapter; vessels displaying Coast Guard inspection decal","order_by":null,"url":"\/29.1-745\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":76938,"section_number":"29.1-733.2","catch_line":"Definitions","order_by":null,"url":"\/29.1-733.2\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"}],"permalink":{"id":193675,"object_type":"law","relational_id":87020,"identifier":"29.1-738","token":"29.1\/7\/3\/29.1-738","url":"\/29.1-738\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-738\/","token":"29.1\/7\/3\/29.1-738","dublin_core":{"Title":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-738","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person shall operate<\/span> any motorboat<\/span> or vessel<\/span>, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person shall operate<\/span> any watercraft, as defined in § 29.1-733.2<\/a>, or motorboat<\/span> which is underway<\/span> (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate<\/span> a motor vehicle as provided in § 18.2-266<\/a> as indicated by a chemical test administered in accordance with § 29.1-738.2<\/a>, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate<\/span> the watercraft or motorboat<\/span> safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate<\/span> the watercraft or motorboat<\/span> safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of this article, the word “operate<\/span>” includes being in actual physical control of a watercraft or motorboat<\/span> and “underway<\/span>” means that a vessel<\/span> is not at anchor, or made fast to the shore, or aground.\n\t\t\tAny person who violates any provision of this section is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPERATING BOAT OR MANIPULATING WATER SKIS, ETC., IN RECKLESS MANNER OR WHILE\nINTOXICATED, ETC (\u00a7 29.1-738)\n\nA. No person shall operate any motorboat or vessel, or manipulate any skis,\nsurfboard, or similar device, or engage in any spearfishing while skin diving or\nscuba diving in a reckless manner so as to endanger the life, limb, or property\nof any person.\n\nB. No person shall operate any watercraft, as defined in § 29.1-733.2, or\nmotorboat which is underway (i) while such person has a blood alcohol\nconcentration at or greater than the blood alcohol concentration at which it is\nunlawful to drive or operate a motor vehicle as provided in § 18.2-266 as\nindicated by a chemical test administered in accordance with § 29.1-738.2,\n(ii) while such person is under the influence of alcohol, (iii) while such\nperson is under the influence of any narcotic drug or any other\nself-administered intoxicant or drug of whatsoever nature, or any combination of\nsuch drugs, to a degree which impairs his ability to operate the watercraft or\nmotorboat safely, (iv) while such person is under the combined influence of\nalcohol and any drug or drugs to a degree which impairs his ability to operate\nthe watercraft or motorboat safely, or (v) while such person has a blood\nconcentration of any of the following substances at a level that is equal to or\ngreater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1\nmilligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of\nphencyclidine per liter of blood, or (d) 0.1 milligrams of\n3,4-methylenedioxymethamphetamine per liter of blood.\n\nC. For purposes of this article, the word “operate” includes being\nin actual physical control of a watercraft or motorboat and\n“underway” means that a vessel is not at anchor, or made fast to the\nshore, or aground.\n\t\t\tAny person who violates any provision of this section is guilty of a Class 1\nmisdemeanor.\n\nHISTORY: 1960, c. 500, \u00a7 62-174.10; 1962, c. 626; 1968, c. 659, \u00a7 62.1-176;\n1987, c. 488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015;\n1997, c. 703; 2005, c. 616; 2013, c. 787.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}