§ 46-22.2-2. Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings:

(1) "Chemical test" means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol or a controlled substance.

(2) "Controlled substance" means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those terms are defined or used in chapter 1 of title 3, nor tobacco.

(3) "Intoxicated" means under the influence of alcohol, a controlled substance, any drug other than alcohol or a controlled substance, or any combination of alcohol, controlled substance, or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.

(4) "Law enforcement officer" means an employee, the duties of whose position include investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the state and includes environmental police officers employed by the department of environmental management.

(5) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was eight hundredths of one percent (.08%), or more, by weight of alcohol in the person's blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person's blood if under the age of twenty-one (21).

(6) "Relevant evidence" includes evidence that at the time of the alleged violation there was at least five hundredths of one percent (.05%) but less than eight hundredths of one percent (.08%) by weight of alcohol in the person's blood if twenty-one (21) years of age or older or two hundredths of one percent (.02%) or more by weight of alcohol in the person's blood if under the age of twenty-one (21).

(7) "Watercraft" means a device for transportation by water.

(8) "Serious bodily injury" means physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(9) "Blood alcohol level" means the percent by weight of alcohol in a person's blood, based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood.

(10) "Operator" means the person who is steering a watercraft as it is underway.

(11) "Underway" means that a watercraft is not at anchor or made fast to shore or ground.

History of Section. (P.L. 1991, ch. 148, § 1; P.L. 1991, ch. 231, § 1; P.L. 2001, ch. 131, § 2; P.L. 2001, ch. 161, § 2; P.L. 2008, ch. 103, § 1; P.L. 2009, ch. 250, § 1.)