5-395. Operating or in actual physical control of a motorized watercraft while under the influence; violation; classification; definition A. It is unlawful for any person to operate or be in actual physical control of a motorized watercraft that is underway within this state under any of the following circumstances: 1. While under the influence of […]
5-395.01. Operating or in actual physical control of a motorized watercraft while under the influence; classification; penalties A. A person who is convicted of a violation of section 5-395 is guilty of a class 1 misdemeanor. The person: 1. Shall be sentenced to serve not less than ten consecutive days in jail and is not […]
5-395.02. Admissibility of breath test or other records A. The results of a breath test administered for the purpose of determining a person’s alcohol concentration as defined in section 5-395 are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements: 1. The test was performed using a quantitative breath […]
5-395.03. Test for alcohol concentration or drug content; refusal; civil penalty A. Any person who operates a motorized watercraft that is underway within this state gives consent, subject to section 4-244, paragraph 35, section 5-395 or section 5-396, to a test or tests of the person’s blood, breath, urine or other bodily substance for the […]
5-395.04. Preliminary breath tests; authority A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 5-395 may request that the person submit to a preliminary breath test or tests before an arrest. B. In addition to a breath test or tests the officer may require […]
5-396. Aggravated operating or actual physical control of motorized watercraft while under the influence of intoxicating liquor or drugs; classification A. A person is guilty of aggravated operating or actual physical control of a motorized watercraft that is underway while under the influence of intoxicating liquor or drugs if the person does any of the […]
5-396.01. Aggravated operating or actual physical control of a motorized watercraft while under the influence of intoxicating liquor or drugs; forfeiture of motorized watercraft; disposition A. If a person is convicted of violating section 5-396 the court, in addition to any other penalty imposed by law, shall order the motorized watercraft owned and operated by […]
5-397. Operating or in actual physical control of a motorized watercraft while under the extreme influence of intoxicating liquor; trial by jury; sentencing; classification; definition A. It is unlawful for a person to operate or be in actual physical control of a motorized watercraft that is underway within this state if the person has an […]
5-398. Reimbursement of incarceration costs A. The court shall order a person who is sentenced to a term of incarceration for a violation of this article to reimburse the political subdivision that is responsible for the costs of the person’s incarceration for those incarceration costs. B. The court may determine the amount of incarceration costs […]
5-398.01. Waiver of fine, surcharge or assessment Notwithstanding any other law, the court shall not waive a fine or assessment imposed pursuant to this article or a surcharge imposed pursuant to section 12-116.01 or 12-116.02 for a conviction of an offense listed in this article.
5-398.02. Records of convictions and judgments; abstract of record; reports A. Each magistrate, judge or hearing officer of a court shall: 1. Keep or cause to be kept a record of each violation of this article deposited with or presented to the court. 2. Keep a record of each official action by the court in […]
