32-1131. Operating vessel under influence of alcohol or drugs; crime.
32-1131
32-1131. Operating vessel under influence of alcoholor drugs; crime.(a) No person shall operate or attempt to operate any vessel within this statewhile:
(1) The alcohol concentration in the person's blood or breath, at the time orwithin two hours after the person operated or attempted to operate the vessel,is .08 or more;
(2) the alcohol concentration in the person's blood or breath, at the timeor within two hours after the person operated or attempted to operate thevessel is .02 or more and the person is less than 21 years of age;
(3) under the influence of alcohol;
(4) under the influence of any drug or combination of drugs to adegree that renders the person incapable of safely operating a vessel; or
(5) under the influence of a combination of alcohol and any drug or drugs toa degree that renders the person incapable of safely operating a vessel.
(b) No person shall operate or attempt to operate any vessel within thisstate if the person is a habitual user of any narcotic, hypnotic, somnifacientor stimulating drug.
(c) If a person is charged with a violation of this section involving drugs,the fact that the person is or has been entitled to use the drug under the lawsof this state shall not constitute a defense against the charge.
(d) No person shall operate or attempt to operate any vessel within thisstate for three months after the date of refusal of submitting to a test ifsuch person refuses to submit to a test pursuant to K.S.A. 32-1132, andamendments thereto.
(e) Except as provided by subsection (f), violation of this section isa misdemeanor punishable:
(1) On the first conviction, by imprisonment of not more than one yearor a fine of not less than $100 nor more than $500, or both; and
(2) on the second or a subsequent conviction, by imprisonment for notless than 90 days nor more than one year and, in the court's discretion, afine of not less than $100 nor more than $500.
(f) Subsection (e) shall not apply to or affect a person less than 21 yearsof age who submits to a breath or blood alcohol test requested pursuant toK.S.A. 32-1132 and amendments thereto and produces a test result of an alcoholconcentration of .02 or greater but less than .08. Such person's boatingprivileges upon the first occurrence shall be suspended for 30 days and upon asecond or subsequent occurrence shall be suspended for 90 days.
(g) In addition to any other penalties prescribed by law or rule andregulation, any person convicted of a violation of this section shall berequired to satisfactorily complete a boater safety education course ofinstruction approved by the secretary before such person subsequently operatesor attempts to operate any vessel.
History: L. 1987, ch. 403, § 2;L. 1993, ch. 259, § 10;L. 1999, ch. 113, § 1; July 1.