Va. Code » Title 29.1. Wildlife, Inland Fisheries and Boating » Chapter 7. Boating Laws » Article 3. Boating Safety
Virginia Code

Va. Code Ann. § 29.1-738.02 (2026)

Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty

✓ current as of May 2026
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A. It shall be unlawful for any person under the age of twenty-one to operate any watercraft or motorboat upon the waters of the Commonwealth after consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall be in violation of this section.

B. A violation of this section shall be punishable by denial by the court of such person's privilege to operate a watercraft or motorboat for a period of six months from the date of conviction and by a fine of not more than $500. Any person convicted of a violation of this section shall be eligible to attend an Alcohol Safety Action Program under the provisions of § 29.1-738.5.

1996, c. 631.

Notes of Decisions
Cited in 2 cases, 2007–2009 · leading case: Gray v. Com., 645 S.E.2d 448 (Va. 2007).
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Gray v. Com., 645 S.E.2d 448 (Va. 2007). · cites it 2× “1 and Code § 29.1-738.02. However, a twenty year old person who does so is guilty of a crime.”
Ngomondjami v. Commonwealth, 678 S.E.2d 281 (Va. Ct. App. 2009). “1-738, or § 29.1-738.02, 29.1-738.2, or 29.1-738.4; 2.”
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