§ 83-4-7. Operating boat or manipulating water skis, etc., in reckless manner 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 diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.

(b)

No person shall operate any motorboat or vessel which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in Section 82-1-6 (18.2-266) as indicated by a chemical test administered in accordance with Section 83-4-7.3, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the motorboat or vessel safely or (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the motorboat or vessel safely.

(c)

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

(d)

Any person who violates any provision of this Section shall be guilty of a Class 1 misdemeanor. (33-88-83; 04-96-83; 34-96-83; 19-97-83.)