Operation of motorboat while intoxicated.

2017
STATE OF WYOMING
17LSO-0385
Introduced
1.3

HOUSE BILL

NO.

HB0117

Operation of motorboat while intoxicated.

Sponsored by:
Representative(s) Steinmetz, Blackburn, Haley, Lone, McKim, Pownall and Winters and Senator(s) Meier

A BILL

for

AN ACT relating to watercraft; amending the alcohol concentration level that constitutes operation of a motorboat by an intoxicated person; specifying the alcohol concentration levels applicable to the operation of all other watercraft; and providing for an effective date.

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

Section 1
.

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

41
‑
13
‑
206
.

Operation of watercraft by intoxicated or drugged person prohibited.

(c)

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

(ii)

Has an alcohol concentration of
eight one
‑
hundredths of one percent (0.08%) or more if the watercraft is a motorboat or

ten one
‑
hundredths of one percent (0.10%) or more

for all other watercraft
; or

(iii)

Has an alcohol concentration of
eight one
‑
hundredths of one percent (0.08%) or more if the watercraft is a motorboat or

ten one
‑
hundredths of one percent (0.10%) or more
for all other watercraft

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 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
eight one
‑
hundredths of one percent (0.08%) if the watercraft is a motorboat or

ten one
‑
hundredths of one percent (0.10%)

for all other watercraft
, 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 and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed
eight one
‑
hundredths of one percent (0.08%) if the watercraft is a motorboat or

ten one
‑
hundredths of one percent (0.10%)
for all other watercraft,

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
HB0117