§ 46-22.2-2 - Definitions.
SECTION 46-22.2-2
§ 46-22.2-2 Definitions. – For the purposes of this chapter, the following words and phrases shall havethe following meanings:
(1) "Chemical test" means an analysis of a person's blood,breath, urine, or other bodily substance for the determination of the presenceof alcohol or a controlled substance.
(2) "Controlled substance" means a drug, substance, orimmediate precursor in schedules I-V of chapter 28 of title 21. The term shallnot include distilled spirits, wine, or malt beverages, as those terms aredefined or used in chapter 1 of title 3, nor tobacco.
(3) "Intoxicated" means under the influence of alcohol, acontrolled substance, any drug other than alcohol or a controlled substance, orany combination of alcohol, controlled substance, or drugs, so that there isimpaired thought and action and loss of normal control of a person's facultiesto such an extent as to endanger any person.
(4) "Law enforcement officer" means an employee, the dutiesof whose position include investigation, apprehension, or detention ofindividuals suspected or convicted of offenses against the criminal laws of thestate and includes environmental police officers employed by the department ofenvironmental management.
(5) "Prima facie evidence of intoxication" includes evidencethat at the time of an alleged violation there was eight hundredths of onepercent (.08%), or more, by weight of alcohol in the person's blood iftwenty-one (21) years of age or older or two hundredths of one percent (.02%)or more by weight of alcohol in the person's blood if under the age oftwenty-one (21).
(6) "Relevant evidence" includes evidence that at the time ofthe alleged violation there was at least five hundredths of one percent (.05%)but less than eight hundredths of one percent (.08%) by weight of alcohol inthe person's blood if twenty-one (21) years of age or older or two hundredthsof one percent (.02%) or more by weight of alcohol in the person's blood ifunder the age of twenty-one (21).
(7) "Watercraft" means a device for transportation by water.
(8) "Serious bodily injury" means physical injury thatcreates a substantial risk of death or causes serious permanent disfigurementor protracted loss or impairment of the function of any bodily member or organ.
(9) "Blood alcohol level" means the percent by weight ofalcohol in a person's blood, based upon milligrams of alcohol per one hundred(100) cubic centimeters of blood.
(10) "Operator" means the person who is steering a watercraftas it is underway.
(11) "Underway" means that a watercraft is not at anchor ormade fast to shore or ground.