2016 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, or Welfare
Chapter 65 - Driving or Boating While Intoxicated
Subchapter 1 - -- General Provisions
§ 5-65-103. Driving or boating while intoxicated
(a) (1) It is unlawful and punishable as provided in this chapter for a person who is intoxicated to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle.
(2) It is unlawful and punishable as provided in this chapter for a person to operate or be in actual physical control of a motorboat on the waters of this state or a motor vehicle if at that time the alcohol concentration in the person's breath or blood was eight hundredths (0.08) or more based upon the definition of alcohol concentration in § 5-65-204.
(b) The consumption of alcohol or the possession of an open container of alcohol aboard a motorboat does not in and of itself constitute probable cause that the person committed the offense of boating while intoxicated.
(c) An alcohol-related offense under this section is a strict liability offense.
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