§ 46-22.2-3 - Violations by intoxicated watercraft operators.
SECTION 46-22.2-3
§ 46-22.2-3 Violations by intoxicatedwatercraft operators. – (a) Any person who operates or otherwise drives any watercraft in waters overwhich this state has jurisdiction while intoxicated or after he or she has beenordered not to operate a watercraft under the provisions of this chapter, shallbe guilty of a civil violation, a misdemeanor or a felony and punished as setforth in this section.
(b) Any person who operates any watercraft in waters overwhich this state has jurisdiction while intoxicated and while so operatingcauses the death or serious bodily injury to another person shall be guilty ofa felony and shall be punished in accordance with subdivision (f)(2) of thissection.
(c) Any person charged under subsection (a) whose bloodalcohol level is eight one-hundredths of one percent (.08%) or more by weightas shown by a chemical test of a blood, breath, or urine sample shall be guiltyof violating subsection (a) of this section. This provision shall not precludea conviction based on other admissible evidence. Proof of guilt under thissection may also be based on evidence that the person charged was under theinfluence of intoxicating liquor, drugs, toluene, or any controlled substanceor any combination thereof, to a degree which rendered such person incapable ofsafely operating a watercraft. The fact that any person charged with violatingthis section is or has been legally entitled to use alcohol or a drug shall notconstitute a defense against any charge of violating this section.
(2) Any person who operates or otherwise drives anywatercraft in waters over which this state has jurisdiction with a bloodpresence of any controlled substance , as shown by a chemical test of a bloodor urine sample, shall be guilty of a misdemeanor and shall be punished asprovided in subdivisions (d)(2) and (e)(1) of this section, or, for a third orsubsequent violation of this subsection, shall be guilty of a felony and shallbe punished as provided in subdivision (f)(1) of this section.
(d) Every person convicted of a first violation ofsubdivision (c)(1) of this section whose blood alcohol level is eightone-hundredths of one percent (.08%) but less than one-tenth of one percent(.1%) by weight shall be found to have committed a civil violation and may besubject to a fine of not less than one hundred dollars ($100) nor more than twohundred fifty dollars ($250), may be required to perform ten (10) to sixty (60)hours of public community restitution, may be required to attend a departmentof environmental management endorsed boating safety course, and his or herright to operate a watercraft shall be suspended for up to forty-five (45) days.
(2) Every person convicted of a first violation ofsubdivision (c)(1) of this section whose blood alcohol level is one-tenth ofone percent (.1%) but less than fifteen hundredths of one percent (.15%) byweight, or whose blood alcohol level is unknown, or who has been convicted of afirst violation of subdivision (c)(2) of this section shall be guilty of amisdemeanor and shall be subject to a mandatory fine of not less than onehundred dollars ($100) nor more than three hundred dollars ($300) and shall berequired to perform ten (10) to sixty (60) hours of public communityrestitution and/or shall be imprisoned for up to one year. The sentence may beserved in any unit of the adult correctional institutions in the discretion ofthe sentencing judge. The person's right to operate a watercraft shall besuspended for a period of three (3) months to six (6) months. The sentencingjudge shall require attendance at a department of environmental managementendorsed boating safety course, and/or alcoholic or drug treatment for theindividual.
(3) Every person convicted of a first violation ofsubdivision (c)(1) of this section whose blood alcohol level is fifteenhundredths of one percent (.15%) or more by weight, or who is under theinfluence of a drug, toluene or any controlled substance, shall be guilty of amisdemeanor and shall be subject to a mandatory fine of five hundred dollars($500) and shall be required to perform twenty (20) to sixty (60) hours ofpublic community restitution and/or shall be imprisoned for up to one year. Thesentence may be served in any unit of the adult correctional institutions inthe discretion of the sentencing judge. The person's right to operate awatercraft shall be suspended for a period of three (3) months to six (6)months. The sentencing judge shall require attendance at a department ofenvironmental management endorsed boating safety course, and/or alcohol or drugtreatment for the individual.
(e) Every person convicted of a second violation ofsubdivision (c)(1) of this section within a five (5) year period whose bloodalcohol level is eight one-hundredths of one percent (.08%) but less thanfifteen hundredths of one percent (.15%) by weight, or whose blood alcohollevel is unknown, or who is convicted of a second violation of subdivision(c)(2) of this section regardless of whether the prior violation andsubsequent conviction was a violation and subsequent conviction under thisstatute or under the boating under the influence of liquor or drugs statute ofany other state, shall be guilty of a misdemeanor and shall be subject to amandatory fine of four hundred dollars ($400). The person's right to operate awatercraft shall be suspended for a period of one year to two (2) years, andthe individual shall be sentenced to not less than ten (10) days nor more thanone year in jail. The sentence may be served in any unit of the adultcorrectional institutions in the discretion of the sentencing judge; however,not less than forty-eight (48) hours of imprisonment shall be servedconsecutively. The sentencing judge may require alcohol or drug treatment forthe individual.
(2) Every person convicted of a second violation ofsubdivision (c)(1) of this section within a five (5) year period whose bloodalcohol level is fifteen hundredths of one percent (.15%) or more by weight, orwho is under the influence of a drug, toluene, or any controlled substance,regardless of whether the prior violation and subsequent conviction was aviolation and subsequent conviction under this statute or under the boatingunder the influence of liquor or drugs statute of any other state, shall beguilty of a misdemeanor and shall be subject to mandatory imprisonment of notless than six (6) months nor more than one year, a mandatory fine of not lessthan one thousand dollars ($1,000), and a mandatory suspension of that person'sright to operate a watercraft for a period of two (2) years from the date ofcompletion of the sentence imposed under this subsection. The sentence may beserved in any unit of the adult correctional institution in the discretion ofthe sentencing judge; however, not less than forty-eight (48) hours ofimprisonment shall be served consecutively. The sentencing judge may requirealcohol or drug treatment for the individual.
(f) Every person convicted of a third or subsequent violationof subdivision (c)(1) of this section within a five (5) year period whose bloodalcohol level is eight one hundredths of one percent (.08%) but less thanfifteen hundredths of one percent (.15%) by weight, or whose blood alcohollevel is unknown, or who is convicted of a third or subsequent violation ofsubdivision (c)(2) of this section, regardless of whether any prior violationand subsequent conviction was a violation and subsequent conviction under thisstatute or under the boating under the influence of liquor or drugs statute ofany other state shall be guilty of a felony and be subject to a mandatory fineof four hundred dollars ($400). The person's right to operate a watercraftshall be suspended for a period of two (2) years to three (3) years, and theindividual shall be sentenced to not less than one year and not more than three(3) years in jail. The sentence may be served in any unit of the adultcorrectional institutions in the discretion of the sentencing judge; however,not less than forty-eight (48) hours of imprisonment shall be servedconsecutively. The sentencing judge shall require alcohol or drug treatment forthe individual.
(2) Every person convicted of a third or subsequent violationof subdivision (c)(1) of this section within a five (5) year period whose bloodalcohol level is fifteen hundredths of one percent (.15%) or more by weight orwho is under the influence of a drug, toluene, or any controlled substance,regardless of whether any prior violation and subsequent conviction was aviolation and subsequent conviction under this statute or under the boatingunder the influence of liquor or drugs statute of any other state, or who isconvicted of a violation of subsection (b) of this section, shall be guilty ofa felony and shall be subject to mandatory imprisonment of not less than three(3) years nor more than five (5) years, a mandatory fine of not less than onethousand dollars ($1,000) nor more than five thousand dollars ($5,000) and amandatory suspension of that person's right to operate a watercraft for aperiod of three (3) years from the date of completion of the sentence imposedunder this subsection. The sentence may be served in any unit of the adultcorrectional institution in the discretion of the sentencing judge; however,not less than forty-eight (48) hours of imprisonment shall be servedconsecutively. The sentencing judge shall require alcohol or drug treatment forthe individual.
(3) In addition to the foregoing penalties, every personconvicted of a third or subsequent violation of subdivision (c)(1) of thissection within a five (5) year period regardless of whether any prior violationand subsequent conviction was a violation and subsequent conviction under thisstatute or under the boating under the influence of liquor or drugs statute ofany other state shall be subject, in the discretion of the sentencing judge, tohaving the watercraft owned and operated by a violator seized and sold by thestate of Rhode Island, with all funds obtained thereby to be transferred to thegeneral fund.
(g) Any person over the age of eighteen (18) who is convictedunder this section for operating or otherwise driving any watercraft in watersover which the state has jurisdiction while under the influence of alcohol, adrug, toluene or any controlled substance, while a child under the age ofthirteen (13) was present as a passenger in the watercraft when the offense wascommitted, may be sentenced to a term of imprisonment of not more than one yearand further shall not be entitled to the benefit of suspension or deferment ofthis sentence. The sentence imposed under this subsection may be served in anyunit of the adult correctional institutions in the discretion of the sentencingjudge.
(h) In addition to any other fines, any person convicted of aviolation under this section shall pay a boating safety assessment fine of fivehundred dollars ($500), which shall be deposited into the general fund. Theassessment fine provided for by this subsection shall be collected from aviolator before any other fines authorized by this section.
(i) Any person who operates or otherwise drives anywatercraft in waters over which this state has jurisdiction after he or she hasbeen ordered not to operate a watercraft under the provisions of this chaptershall be guilty of a misdemeanor and shall be subject to a fine of at leastfour hundred dollars ($400), shall be required to perform thirty (30) to sixty(60) hours of public community restitution, and/or shall be imprisoned for upto one year. The person's right to operate a watercraft shall be suspended foran additional period of one to two (2) years.
(j) If the person convicted of violating this section isunder the age of eighteen (18) years, for the first violation he or she shallbe required to perform ten (10) to sixty (60) hours of public communityrestitution, and the juvenile's right to operate a watercraft shall besuspended for a period of forty-five (45) days, and may be suspended for aperiod of up to six (6) months. The sentencing judge shall also requireattendance at a department of environmental management endorsed boating safetycourse, and substance and alcohol or drug education and/or treatment for thejuvenile.
(2) If the person convicted of violating this section isunder the age of eighteen (18) years, for a second or subsequent violation,regardless of whether any prior violation and subsequent conviction was aviolation and subsequent under this statute or under the boating under theinfluence of liquor or drugs statute of any other state, he or she shall besubject to a mandatory suspension of his or her right to operate a watercraftuntil such time as he or she is twenty-one (21) years of age and may, in thediscretion of the sentencing judge, also be sentenced to the Rhode Islandtraining school for a period of not more than one year and/or a fine of notmore than five hundred dollars ($500).
(k) Jurisdiction for violations of this section shall be withthe district court for persons eighteen (18) years of age or older and to thefamily court for persons under the age of eighteen (18) years. The courts shallhave full authority to impose any sentence authorized and to order thesuspension of the right to operate watercraft for violations of this section.All trials in the district court and family court of violations of the sectionshall be scheduled within thirty (30) days of the arraignment date. Nocontinuance or postponement shall be granted except for good cause shown. Anycontinuances that are necessary shall be granted for the shortest practicabletime. Trials in superior court are not required to be scheduled within thirty(30) days of the arraignment date.
(l) No fines, suspensions, assessments, alcohol or drugtreatment programs, boating safety course, public community restitution or jailprovided for under this section can be suspended.