§ 3323. Operating under the influence of alcohol or drugs; B.W.I.
(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this State while:
(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or
(2) under the influence of alcohol; or
(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.
(b) As used in this section, "alcohol" includes "alcohol," "malt beverages," "spirits," "fortified wines," and "vinous beverages" as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.
(c) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance, or inhalant other than alcohol to a degree which renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section.
(d) For the purposes of this section, "drug" means a regulated drug as defined in 18 V.S.A. § 4201.
(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 3; 2007, No. 195 (Adj. Sess.), § 7; 2017, No. 83, § 155.)
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