§ 8-738. Operation of vessel while under the influence of alcohol or drugs prohibited
West's Annotated Code of MarylandNatural ResourcesEffective: October 1, 2010
Effective: October 1, 2010
MD Code, Natural Resources, § 8-738
§ 8-738. Operation of vessel while under the influence of alcohol or drugs prohibited
(a) Subject to subsection (g) of this section, a person may not operate or attempt to operate a vessel while the person:
(b)(1) Except as provided under paragraph (2) of this subsection, the evidentiary presumptions and procedures established under §§ 10-302 through 10-309 of the Courts Article are applicable to any violation of this section.
(2) If at the time of testing an individual has an alcohol concentration that meets the definition of “under the influence of alcohol per se” in § 11-174.1 of the Transportation Article, as determined by an analysis of the individual's blood or breath, it shall be prima facie evidence that the individual was operating a vessel while under the influence of alcohol.
(3) Any person who operates or attempts to operate a vessel on the waters of the State is deemed to have consented, subject to §§ 10-302 through 10-309 of the Courts Article, to take a test, as defined in § 16-205.1 of the Transportation Article, if the person is detained by a police officer who has reasonable grounds to believe that the person has been operating or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate the vessel safely, or while impaired by a controlled dangerous substance.
(c)(1) Except as provided in § 8-738.1 of this subtitle, a person may not be compelled to take a test, as defined in § 16-205.1 of the Transportation Article.
(2) The detaining police officer shall advise a person who is requested to take a test that, on receipt of a sworn statement from the officer that the person was requested to take a test and refused or was tested and the result indicated an alcohol concentration of 0.08 or more, the court may, on conviction and in addition to other penalties, prohibit the person from operating a vessel on the waters of the State for up to 1 year.
(d) It is not a defense to a charge of violating subsection (a)(3) of this section that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely operating a vessel.
(e)(1) Notwithstanding any other provision of this title, a person who violates subsection (a)(1) of this section is guilty of a misdemeanor and upon conviction:
(f) If a person is charged with a violation of this section, the court may find the person guilty of any lesser included offense under any subsection of this section.
(g) This section applies to the following:
Credits
Added by Acts 1983, c. 575. Amended by Acts 1990, c. 6, § 2; Acts 1990, c. 336; Acts 1995, c. 545, § 1, eff. Oct. 1, 1995; Acts 1999, c. 215, § 1, eff. Oct. 1, 1999; Acts 2001, c. 4, § 1, eff. Sept. 30, 2001; Acts 2001, c. 5, § 1, eff. Sept. 30, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2002, c. 213, § 6, eff. Oct. 1, 2002; Acts 2005, c. 25, § 5, eff. April 12, 2005; Acts 2010, c. 307, § 2, eff. Oct. 1, 2010.
MD Code, Natural Resources, § 8-738, MD NAT RES § 8-738
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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