29.1-738.4 - Additional penalty for reckless or intoxicated operation of a watercraft or motorboat.
§ 29.1-738.4. Additional penalty for reckless or intoxicated operation of awatercraft or motorboat.
In addition to any other penalties authorized by law, upon conviction of anyperson for violation of any provision of § 29.1-738, the court shall ordersuch person not to operate a watercraft or motorboat which is underway uponthe waters of the Commonwealth for a period of twelve months from the date ofa first conviction or for a period of three years from the date of a secondor subsequent conviction within ten years of a first conviction. The periodspecified in any such order prohibiting operation of a watercraft ormotorboat which is underway imposed pursuant to this section shall runconsecutively with any such order imposed for refusal to permit a blood orbreath sample to be taken.
A first offense of violating this section shall constitute a Class 2misdemeanor. A second or subsequent offense shall constitute a Class 1misdemeanor. In addition, the court shall suspend the person's privilege tooperate a motorboat or watercraft for the same period for which it had beensuspended or revoked when such person violated this section.
The period specified in any such order prohibiting operation of a watercraftor motorboat which is underway imposed pursuant to this section may besuspended by the court only as authorized in § 29.1-738.5.
(1989, c. 726; 1996, cc. 929, 1015.)