§ 5-76-107 - Unlawful acts by underage operator. - Arkansas Statutes

5-76-107. Unlawful acts by underage operator.

(a) No underage person shall operate any motorboat on the waters of this state while:

(1) Intoxicated; or

(2) There is an alcohol concentration in the underage person's breath or blood of two-hundredths (0.02) but less than eight-hundredths (0.08) based upon the definition of breath, blood, and urine concentration in 5-65-204.

(b) (1) A certified law enforcement officer may test an underage person who operates a motorboat using a portable breath-testing instrument or other approved method to determine if the underage person may be operating a motorboat or device in violation of this section only if the certified law enforcement officer has probable cause to believe that:

(A) The underage person is operating the motorboat while intoxicated; or

(B) The underage person is operating the motorboat while there is an alcohol concentration of two-hundredths (0.02) but less than eight-hundredths (0.08) in the underage person's breath or blood.

(2) The consumption of alcohol or the possession of an open container of an alcoholic beverage aboard a vessel does not alone constitute probable cause.