42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor.
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/sd/title-42/chapter-42-8/42-8-45A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.