PART VII. ALCOHOL AND BOATING SAFETY

Note

§§200-81 to 96 repealed effective January 1, 2002. L 2000, c 189, §27.

[§200-81] Operating a vessel under influence of intoxicating liquor. (a) This part applies only to recreational vessels in the waters of the State. The operation of a nonrecreational vessel in the waters of the State while under the influence of intoxicating liquor is governed by 33 C.F.R. part 95.

(b) A person commits the offense of operating a vessel underway under the influence of intoxicating liquor if:

(1) The person operates or assumes actual physical control of a vessel underway while under the influence of intoxicating liquor in an amount sufficient to impair the person's normal mental faculties or ability to care for oneself and guard against casualty;

(2) The person operates or assumes actual physical control of a vessel underway with .08 or more grams of alcohol per one hundred milliliters or cubic centimeters of blood or .08 or more grams of alcohol per two hundred ten liters of breath.

For the purposes of this part, a person is considered to be operating a vessel underway when the person has an essential role in the operation of a vessel underway.

(c) A person committing the offense of operating a vessel underway under the influence of intoxicating liquor shall be sentenced as follows without possibility of probation or suspension of sentence:

(1) For a first offense, or any offense not preceded within a five-year period by a conviction under this section, by:

(A) A fourteen-hour minimum alcohol abuse rehabilitation program including education and counseling, or other comparable program deemed appropriate by the court;

(B) Ninety-day prompt suspension of the privilege of operating any vessel in the waters of the State with absolute prohibition from operating any vessel during suspension of such privilege; and

(C) Any one or more of the following:

(i) Seventy-two hours of community service work;

(ii) Not less than forty-eight hours and not more than five days of imprisonment; or

(iii) A fine of not less than $150 but not more than $1,000;

(2) For an offense which occurs within five years of a prior conviction under this section:

(A) One year prompt suspension of the privilege of operating any vessel underway in the waters of the State with absolute prohibition from operating a vessel underway during the suspension of such privilege;

(B) Any one or more of the following:

(i) Not less than eighty hours of community service work; or

(ii) Not less than forty-eight consecutive hours but not more than sixty days of imprisonment of which at least forty-eight hours shall be served consecutively; and

(C) A fine of not less than $500 but not more than $1,000;

(3) For an offense which occurs within five years of two prior convictions under this section, by:

(A) A fine of not less than $500 but not more than $1,000;

(B) Suspension of privilege of operating a vessel underway in the waters of the State for a period not less than one year but not more than five years; and

(C) Not less than ten days but not more than one-hundred-eighty days imprisonment of which at least forty-eight hours shall be served consecutively.

(d) Whenever a court sentences a person pursuant to subsection (c)(2) or (3), the court shall also require that the offender be referred to a substance abuse counselor who has been certified pursuant to section 321-193 for an assessment of the offender's alcohol dependence and the need for treatment. The counselor shall submit a report with recommendations to the court. The court may require the offender to obtain appropriate treatment, if the counselor's assessment establishes the offender's alcohol abuse or dependence.

All costs for such assessment or treatment, or both, shall be borne by the offender.

(e) Any person sentenced under this part may be ordered to make restitution to the county for the actual cost incurred in conducting any blood tests under section 200-85. The court may order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department, or other agency incurring the expense of the blood test. [L 1995, c 165, pt of §1]