§ 3323a. Persons under 21; alcohol concentration of 0.02 or more

(a) A person under the age of 21 who operates, attempts to operate, or is in actual physical control of a vessel on the waters of this State when the person's alcohol concentration is 0.02 or more, commits a civil traffic violation subject to the jurisdiction of the Judicial Bureau and subject to the following sanctions:

(1) For a first violation, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended for six months and until the person complies with section 1209a of this title.

(2) For a second or subsequent violation, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended until the person reaches the age of 21 or for one year, whichever is longer, and complies with section 1209a of this title.

(b) Notwithstanding the provisions in subsection (a) of this section to the contrary, a person's privilege to operate that has been suspended under this section shall not be reinstated until the Commissioner has received satisfactory evidence that the provider of the therapy program has been paid in full.

(c) If a law enforcement officer has reasonable grounds to believe that a person is violating this section, the officer may request the person to submit to a breath test using a preliminary screening device approved by the Commissioner of Health. Notwithstanding any provisions to the contrary in sections 1202 and 1203 of this title:

(1) the results of the test shall be admissible evidence in a proceeding under this section; and

(2) there shall be no statutory right to counsel prior to the administration of the test.

(d) A refusal to submit to a breath test shall be considered a violation of this section.

(e) In a proceeding under this section, if there was at any time within two hours of operating, attempting to operate or being in actual physical control of a vessel on the waters of this State an alcohol concentration of 0.02 or more, it shall be a rebuttable presumption that the person's alcohol concentration was 0.02 or more at the time of operating, attempting to operate, or being in actual physical control.

(f) The alcohol program required under this section shall be administered by the Office of Alcohol and Drug Abuse Programs and shall take into consideration any particular treatment needs of operators under the age of 21.

(g) A charge of violating this section shall not bar prosecution for any crime, including a prosecution under section 3323 of this title. (Added 1997, No. 57, § 4, eff. Sept. 1, 1997; amended 1997, No. 121 (Adj. Sess.), § 29.)