52-7-12.6
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52-7-12.6.
(a)
Any
operatoŕs
privilege to operate a vessel on the waters of this state required to be
suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended
subject to the following terms and conditions:
(1)
Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5
within the previous five years, as measured from the dates of previous arrests
for which a suspension was obtained to the date of the current arrest for which
a suspension is obtained, the period of suspension shall be for one year. Not
sooner than 30 days following the effective date of suspension, the person may
apply to the department for reinstatement of his or her
operatoŕs
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. An
operatoŕs
privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended
until such person submits proof of completion of a DUI Alcohol or Drug Use Risk
Reduction Program approved by the Department of Driver Services;
(2)
Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5
within five years, as measured from the dates of previous arrests for which
suspensions were obtained to the date of the current arrest for which a
suspension is obtained, the period of suspension shall be for three years. Not
sooner than 120 days following the effective date of suspension, the person may
apply to the department for reinstatement of the
persońs
operatoŕs
privilege. Such privilege shall be reinstated if such person submits proof of
completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. An
operatoŕs
privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended
until such person submits proof of completion of a DUI Alcohol or Drug Use Risk
Reduction Program approved by the Department of Driver Services;
and
(3)
Upon the third or subsequent suspension pursuant to subsection (d) of Code
Section 52-7-12.5 within five years, as measured from the dates of previous
arrests for which suspensions were obtained to the date of the current arrest
for which a suspension is obtained, the period of suspension shall be for not
less than five years and until such person submits proof of completion of a DUI
Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver
Services.
(b)
In all cases in which the department may return the privilege to operate a
vessel on the waters of this state to an operator prior to the termination of
the full period of suspension, the department may require such tests of
operating skill and knowledge as it determines to be proper, and the
department́s
discretion shall be guided by the
operatoŕs
past operating record and performance.
(c)
Any person who operates a vessel or personal watercraft on any of the waters of
this state at a time when such
persońs
privilege to do so has been suspended shall be guilty of a misdemeanor and shall
be punished by a fine of not less than $500.00 nor more than $1,000.00;
provided, however, that for a second and each subsequent conviction within a
five-year period measured from the date of the previous arrest upon which a
conviction was obtained to the date of the current arrest, such person shall be
guilty of a misdemeanor of a high and aggravated nature and shall be punished by
a fine of not less than $1,000.00 nor more than $1,500.00. The period suspension
of the privilege to operate a vessel on the waters of the state of any person
convicted under this subsection shall be extended for an additional six months
for each such conviction.