Boating DUI in Arizona: A.R.S. 5-395 on Lake Powell, Lake Mary and Beyond

By Joe Styler, Editor, not an attorney · Sources checked October 24, 2026

A.R.S. § 5-395 is Arizona’s boating DUI law, and it is built almost line for line on the driving DUI statute. If you were arrested for boating DUI in Arizona, whether at Lake Powell near Page, at Lake Mary outside Flagstaff, or anywhere else in the state, the limits, the jail minimums and the testing rules will look familiar to anyone who has read about a car DUI. A few pieces are different, and those are the ones that catch people out.

Short answer: it is a crime to operate, or be in actual physical control of, a motorized watercraft that is underway while impaired to the slightest degree, at 0.08 or more within two hours, with a listed drug or its metabolite in your body, or at 0.04 or more on a commercial watercraft. A first conviction is a class 1 misdemeanor with at least 10 consecutive days in jail, which a judge can suspend if you complete court-ordered treatment. Refusing the test brings a 750 dollar civil penalty.

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The four ways to violate A.R.S. 5-395

Section 5-395(A) makes it unlawful to operate or be in actual physical control of a motorized watercraft that is underway in Arizona:

1. While under the influence of liquor, any drug, a toxic vapor substance or a combination, if you are impaired to the slightest degree.
2. With an alcohol concentration of 0.08 or more within two hours of operating or being in control, from alcohol consumed before or while on the water.
3. With any drug defined in A.R.S. § 13-3401, or its metabolite, in your body.
4. At 0.04 or more, if the watercraft is a commercial motorized watercraft.

Two word choices in the statute do a lot of work. “Motorized” means the law is aimed at powered craft, such as motorboats and personal watercraft driven by a jet pump. “Underway” limits the law to a craft that is out on the water rather than tied up, and the exact meaning can be argued in a close case. As with cars, “actual physical control” reaches the person at the helm even when the throttle is idle. Our page on actual physical control explains how that idea works on land.

Two defense rules carry over from the driving statute. Being entitled to use a drug under Arizona law is not a defense to the impairment charge in (A)(1). A drug prescribed by a licensed medical practitioner who is authorized to prescribe it is a defense to the metabolite charge in (A)(3). Our page on prescription drug DUI covers the same split for drivers.

Penalties at a glance

Charge	Class	Minimum jail	Minimum fine
First boating DUI, § 5-395.01(A)	Class 1 misdemeanor	10 consecutive days	$250, plus two $500 assessments
Second within 84 months, § 5-395.01(D)	Class 1 misdemeanor	90 days, 30 consecutive	$500, plus two $1,250 assessments and 30 hours of community restitution
Extreme, 0.15 to under 0.20, § 5-397	Class 1 misdemeanor	30 consecutive days	$250 plus assessments
Extreme, 0.20 or more, § 5-397	Class 1 misdemeanor	45 consecutive days	$500 plus assessments
Aggravated: third within 84 months, § 5-396	Class 4 felony	At least 4 months in prison with two priors	$750 plus assessments
Aggravated: child under 15 aboard, § 5-396	Class 6 felony	The underlying minimum	$750 plus assessments

For a first offense, § 5-395.01(C) lets the judge suspend the jail sentence if you complete court-ordered screening, education or treatment. If the court finds you recklessly endangered another person with a substantial risk of physical injury, the judge can suspend all but 24 consecutive hours instead. Screening is ordered in every case. For a first extreme boating DUI at 0.15 to under 0.20, the judge may suspend all but 10 days after treatment.

Testing on the water

Anyone who operates a motorized watercraft that is underway in Arizona gives consent to a test of blood, breath, urine or another bodily substance if arrested for a boating DUI offense, under § 5-395.03. If you refuse, the test is not given unless it falls under § 5-395(L) or the officer gets a search warrant. The refusal brings a civil penalty of 750 dollars, and evidence of the refusal is admissible in court under § 5-395(K).

Blood can be drawn only by a physician, a registered nurse or another qualified person. You must be given a reasonable opportunity to arrange your own additional test by a qualified person of your choosing, under § 5-395(J). If you did not get that chance, write that down. For more on how blood evidence is handled on land, see our page on DUI blood tests in Arizona.

Lake Powell: federal water, state law, or both

Lake Powell sits inside Glen Canyon National Recreation Area, run by the National Park Service and stretching from Lees Ferry in Arizona into southern Utah. The Park Service has its own boating DUI rule, 36 CFR 3.10, with a 0.08 limit or impairment that makes the operator incapable of safe operation, and it says a stricter state limit applies where one exists. Under 36 CFR 3.11, refusing a test requested with probable cause is prohibited. The Park Service also adopts non-conflicting state boating laws on park waters, under 36 CFR 3.2.

The practical result is that a stop on the Arizona side near Wahweap or Antelope Point can come from a federal ranger or, depending on the circumstances, a state or county officer. The citation tells you which system you are in. The District of Arizona lists a Page location that handles CVB matters, the federal citation docket. A state citation goes to a state court. A stop on the Utah side follows Utah law, which this site does not cover. For federal charges on park land generally, see our page on a DUI inside Grand Canyon National Park.

When someone was hurt

If the boat was involved in a collision or other casualty, the operator has duties under A.R.S. § 5-349: stop, render practical assistance, and give a name, address and watercraft identification. A written report goes to the Arizona Game and Fish Department within 48 hours when someone is injured or killed. Failing to stop after a casualty that causes death or serious physical injury is a class 5 felony, and after a casualty causing any other injury it is a class 6 felony. Under § 5-349(C), that written report cannot be used as evidence at a civil or criminal trial. The rule covers the report, not other evidence from the scene. If you were the one injured, our page on boating accidents at Lake Powell and Lake Mary covers the injury claim.

What to do this week

• Identify the agency on your citation: National Park Service, a sheriff’s office, or Arizona Game and Fish. It decides the court.
• Write down the timeline: when you last drank, when you were stopped, when and where you were tested, and whether the boat was moving.
• Note whether you were offered your own test and whether blood was drawn by warrant.
• Keep your boat rental agreement and launch receipts. They place you and the boat in time.
• Calendar the arraignment and do not miss it, even if you live out of state.
• Tell a lawyer about any prior DUI, on land or water, within the last 84 months. Prior boating DUI convictions and out-of-state equivalents raise the penalty level.

Frequently asked questions

What is ARS 5-395?

A.R.S. 5-395 is Arizona’s boating DUI law. It makes it a crime to operate or be in actual physical control of a motorized watercraft that is underway while impaired to the slightest degree, at 0.08 or more, with certain drugs in your body, or at 0.04 on a commercial watercraft.

What is the penalty for a first boating DUI in Arizona?

It is a class 1 misdemeanor with at least 10 consecutive days in jail, a fine of at least 250 dollars and two 500 dollar assessments. The judge can suspend the jail time if you complete court-ordered screening, education or treatment.

Can I refuse a breath test on a boat in Arizona?

You can refuse, but refusing brings a 750 dollar civil penalty under A.R.S. 5-395.03, the refusal can be used as evidence, and officers can seek a search warrant for blood.

Does a boating DUI count as a prior for a car DUI?

The boating statutes count prior boating DUI convictions and equivalent out-of-state offenses. Whether a boating conviction counts in a later driving case is a question to ask a lawyer about your specific record.

Who enforces boating DUI on Lake Powell?

Lake Powell is inside Glen Canyon National Recreation Area, where National Park Service rules apply alongside non-conflicting state boating law. Your citation shows whether a federal ranger or a state or county officer wrote it, and that decides which court hears the case.

Is a boating DUI a felony in Arizona?

A first or second boating DUI is a misdemeanor. It becomes aggravated, a felony, for a third violation within 84 months or when a child under 15 is aboard, under A.R.S. 5-396.

Related guides

• Flagstaff DUI lawyer: the full guide
• Extreme and super extreme DUI in Arizona
• Aggravated DUI in Arizona
• The Flagstaff DUI court process
• DUI at the Grand Canyon: federal charges

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