[§200-85] Implied consent of operator of vessel to submit to testing to determine alcoholic content of blood. (a) Any person who operates a vessel that is motorized or is greater than eight feet in length or both and is underway in the waters of the State shall be deemed to have given consent, subject to this part, to a test approved by the director of health of the person's breath or blood for the purpose of determining the alcoholic content of the person's blood.
(b) The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe the person operating a vessel underway in state waters is under the influence of intoxicating liquor only after:
(1) A lawful arrest; and
(2) The person has been informed by a law enforcement officer of the sanctions of sections 200-81 and 200-89.
(c) If there are reasonable grounds to believe that a person is in violation of section 200-81, then such person shall have the option to take a breath or blood test, or both, for the purpose of determining the alcoholic content of that person's blood. [L 1995, c 165, pt of §1]