2006 Code of Virginia § 29.1-738.4 - Additional penalty for reckless or intoxicated operation of a watercraft or motorboat

29.1-738.4. Additional penalty for reckless or intoxicated operation of awatercraft or motorboat.

In addition to any other penalties authorized by law, upon conviction of anyperson for violation of any provision of 29.1-738, the court shall ordersuch person not to operate a watercraft or motorboat which is underway uponthe waters of the Commonwealth for a period of twelve months from the date ofa first conviction or for a period of three years from the date of a secondor subsequent conviction within ten years of a first conviction. The periodspecified in any such order prohibiting operation of a watercraft ormotorboat which is underway imposed pursuant to this section shall runconsecutively with any such order imposed for refusal to permit a blood orbreath sample to be taken.

A first offense of violating this section shall constitute a Class 2misdemeanor. A second or subsequent offense shall constitute a Class 1misdemeanor. In addition, the court shall suspend the person's privilege tooperate a motorboat or watercraft for the same period for which it had beensuspended or revoked when such person violated this section.

The period specified in any such order prohibiting operation of a watercraftor motorboat which is underway imposed pursuant to this section may besuspended by the court only as authorized in 29.1-738.5.

(1989, c. 726; 1996, cc. 929, 1015.)