2006 Code of Virginia § 29.1-738 - Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, et...

29.1-738. Operating boat or manipulating water skis, etc., in recklessmanner or while intoxicated, etc.

A. No person shall operate any motorboat or vessel, or manipulate any skis,surfboard, or similar device, or engage in any spearfishing while skin divingor scuba diving in a reckless manner so as to endanger the life, limb, orproperty of any person.

B. No person shall operate any watercraft, as defined in 29.1-712, ormotorboat which is underway (i) while such person has a blood alcoholconcentration at or greater than the blood alcohol concentration at which itis unlawful to drive or operate a motor vehicle as provided in 18.2-266 asindicated by a chemical test administered in accordance with 29.1-738.2,(ii) while such person is under the influence of alcohol, (iii) while suchperson is under the influence of any narcotic drug or any otherself-administered intoxicant or drug of whatsoever nature, or any combinationof such drugs, to a degree which impairs his ability to operate thewatercraft or motorboat safely, (iv) while such person is under the combinedinfluence of alcohol and any drug or drugs to a degree which impairs hisability to operate the watercraft or motorboat safely, or (v) while suchperson has a blood concentration of any of the following substances at alevel that is equal to or greater than: (a) 0.02 milligrams of cocaine perliter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c)0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of3,4-methylenedioxymethamphetamine per liter of blood.

C. For purposes of this article, the word "operate" shall include being inactual physical control of a watercraft or motorboat and "underway" shallmean that a vessel is not at anchor, or made fast to the shore, or aground.

Any person who violates any provision of this section shall be guilty of aClass 1 misdemeanor.

(1960, c. 500, 62-174.10; 1962, c. 626; 1968, c. 659, 62.1-176; 1987, c.488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015; 1997, c.703; 2005, c. 616.)