Implied Consent While Driving a Personal Watercraft
Implied Consent While Driving a Personal Watercraft: It is unlawful to operate any sail or powered vessel while under the influence of intoxicants or drugs. Here are some important facts to consider.
Implied Consent
All persons operating a sail or powered vessel have given their implied consent to chemical tests to determine the alcohol or drug content of their blood. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.
Presumption of Guilt
A vessel operator whose BAC tests show .08% or greater by weight, of alcohol shall constitute a violation of this statute and is presumed under the influence and his or her ability to operate a vessel is impaired.
Blood-Alcohol Test Required
Blood-alcohol content may be taken from all operators involved in an accident where death or serious injury occurred.
Penalties
Conviction for operating under the influence will result in fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction and operating privileges may be suspended from one to ten years. Additional federal penalties may also be charged.
