Influence of Alcohol and Controlled Substances;

Causing Bodily Injury to Person Other than Operator; Alcoholic Content in Blood; Proof.

(a)It is unlawful for any person, while under the influence of an alcoholic beverage or any controlled substance, or under the combined influence of an alcoholic beverage and any controlled substance, to operate or be in physical control of any motorboat or vessel, or similar device.

(b)It is unlawful for any person, while having eight onehundredths of one percent (0.08%) or more, by weight, of alcohol in his or her blood to operate or be in physical control of any motorboat or vessel, or similar device.

(c)It is unlawful for any person, while under the influence of an alcoholic beverage or any controlled substance, or under the combined influence of an alcoholic beverage and any controlled substance, to operate or be in physical control of any COL6/5/2019 CH. 69 BOATING motorboat or vessel, or similar device and, when doing so, do any act forbidden by law or neglect any duty imposed by law in the operation of such device or who negligently operates such device, which act or neglect or negligence proximately causes bodily injury to any person other than the operator.

(d)It is unlawful for any person, while having eight onehundredths of one percent (0.08%) or more, by weight, of alcohol in his or her blood to operate or be in physical control of any motorboat or vessel, or similar device and, when doing so, do any act forbidden by law or neglect any duty imposed by law in the operation of such vessel, which act or neglect proximately causes bodily injury to any person other than the operator.

(e)In any prosecution under this Section, it is a rebuttable presumption that the person with eight one-hundredths of one percent (0.08%) or more, by weight, of alcohol in his or her blood at the time of operating or in actual physical control of any motorboat or vessel, or similar device is under the influence of alcohol if the person had eight one-hundredths of one percent (0.08%) or more, by weight, of alcohol in his or her blood at the time of the performance of a blood or breath test within three

(3)hours after the driving.

(f)In proving the person neglected any duty imposed by law in the operation of any motorboat or vessel, or similar device, it is not necessary to prove that any specific Section of this Title was violated.

(g)

(1)Notwithstanding the other provisions of this Section, a person under the age of eighteen

(18)shall be guilty of a violation of Subsections

(b)or

(d)of this Section if such person shall be found within three

(3)hours of his or her arrest for a violation of this Section to have four onehundredths of one percent (0.04%) or more, by weight, of alcohol in his or her blood.

(2)A person convicted for the first time of a violation of Item

(1)of this Subsection shall be guilty of a misdemeanor.