Operation of motorboat by intoxicated person.

2017
STATE OF WYOMING
17LSO-0074
Introduced
2.1

HOUSE BILL

NO.
HB0005

Operation of motorboat by intoxicated person.

Sponsored by:
Representative(s) Steinmetz

A BILL

for

AN ACT relating to watercraft; amending the prohibition of operation of watercraft by an intoxicated person or by a person under the influence of a controlled substance to only operation of motorboats; amending the alcohol concentration that constitutes operation of a motorboat by an intoxicated person; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 41
‑
13
‑
206
(b), (c)
(intro), (i)(intro), (ii), (iii),
(d)(intro), (ii) and (e)
is amended to read:

41
‑
13
‑
206
.

Operation of
motorboat
by intoxicated or drugged person prohibited.

(b)

No owner of any
watercraft

motorboat
or person having charge or control of a
watercraft

motorboat
shall authorize or knowingly permit it to be operated by any person who is under the influence of alcohol, a controlled substance or combination thereof in violation of subsection (c) of this section.

(c)

No person shall operate or be in actual physical control of a
watercraft

motorboat
if the person:

(i)

To a degree which renders him incapable of safely operating a
watercraft

motorboat
:

(ii)

Has an alcohol concentration of
ten one
‑
hundredths of one percent (0.10%)

eight one
-
hundredths of one percent (0.08%)
or more; or

(iii)

Has an alcohol concentration of
ten one
‑
hundredths of one percent (0.10%)

eight one
-
hundredths
of one percent (0.08%)
or more as measured within three (3) hours of the time of operation or actual physical control.

(d)

In any criminal prosecution for a violation of this section relating to operating or being in actual physical control of a
watercraft

motorboat
while under the influence of alcohol, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance shall give rise to the following presumptions:

(ii)

If there was at that time an alcohol concentration of more than five one
‑
hundredths of one percent (0.05%) and less than
ten one
‑
hundredths of one percent (0.10%)

eight one
-
hundredths of one percent (0.08%)
, that fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but it may be considered with other competent evidence in determining the guilt or innocence of the defendant.

(e)

Nothing in subsection (d) of this section shall be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol, including tests obtained more than three (3) hours after the alleged violation. The fact that any person charged with a violation of subsection (c) of this section is or has been entitled to use the controlled substance under the laws of this state shall not constitute a defense against any charge under this section. It is an affirmative defense to a violation of paragraph (c)(iii) of this section that the defendant consumed a sufficient quantity of alcohol after the time of actual operation or physical control of a
watercraft

motorboat
and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed
ten one
‑
hundredths of one percent (0.10%)

eight one
-
hundredths of one percent (0.08%)
but evidence of the consumption may not be admitted unless notice is given to the prosecution pursuant to Rule 12.1 of the Wyoming Rules of Criminal Procedure.

Section
2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0005