§ 3323 - Operating under the influence of intoxicating liquor or drugs; B.W.I. - Vermont Statutes

§ 3323. Operating under the influence of intoxicating liquor or drugs; B.W.I.

(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:

(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or

(2) under the influence of intoxicating liquor; or

(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.

(b) For purposes of this section, "intoxicating liquor" includes "alcohol," "malt beverages," "spirituous liquors," and "vinous beverages" as defined in section 2 of Title 7, and any beverage or liquid containing any of the foregoing.

(c) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance or inhalant other than intoxicating liquor to a degree which renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(d) For the purposes of this section, "drug" means a regulated drug as defined in section 4201 of Title 18.

(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident. (Added 1989, No. 65, § 14; amended 1997, No. 57, § 3; 2007, No. 195 (Adj. Sess.), § 7.)