Operation of boat under influence of alcohol or drugs as misdemeanor

No person may operate a boat as defined in subdivisions 42-8-2(2B), (3), (5A), or (6) while underway on the public waters of the state while: (1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance; (2) Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance; (3) Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; (4) Under the combined influence of an alcoholic beverage and any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; or (5) Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 . Any violation of this section is a Class 1 misdemeanor. Source: SL 1959, ch 125 , § 9; SDC Supp 1960, § 25.1409 (2); SL 1977, ch 190 , § 628; SL 1983, ch 303 , § 1; SL 1992, ch 306 , § 1; SL 2002, ch 160 , § 5; SL 2012, ch 208 , § 1.