CHAPTER 8. OPERATING A MOTORBOAT WHILE INTOXICATED
IC 14-15-8
Chapter 8. Operating a Motorboat While Intoxicated
IC 14-15-8-1
"Chemical test" defined
Sec. 1. As used in this chapter, "chemical test" means an analysisof an individual's:
(1) blood;
(2) breath;
(3) urine; or
(4) other bodily substance;
for the determination of the presence of alcohol or a controlledsubstance.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-2
"Controlled substance" defined
Sec. 2. As used in this chapter, "controlled substance" has themeaning set forth in IC 35-48-1.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-3
"Intoxicated" defined
Sec. 3. As used in this chapter, "intoxicated" means under theinfluence of:
(1) alcohol;
(2) a controlled substance;
(3) any drug (as defined in IC 9-13-2-49.1) other than alcoholor a controlled substance; or
(4) any combination of alcohol, controlled substances, or drugs;
so that there is an impaired condition of thought and action and theloss of normal control of an individual's faculties.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.16;P.L.69-2009, SEC.4.
IC 14-15-8-4
"Law enforcement officer" defined
Sec. 4. As used in this chapter, "law enforcement officer" has themeaning set forth in IC 35-41-1. The term includes conservationofficers employed by the department.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-5
"Prima facie evidence of intoxication" defined
Sec. 5. As used in this chapter, "prima facie evidence ofintoxication" includes evidence that at the time of an allegedviolation there was an alcohol concentration equivalent (as definedin IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcoholper:
(1) one hundred (100) milliliters of the person's blood; or (2) two hundred ten (210) liters of the person's breath.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.17;P.L.1-2000, SEC.15; P.L.175-2001, SEC.14.
IC 14-15-8-6
"Relevant evidence" defined
Sec. 6. As used in this chapter, "relevant evidence" includesevidence that at the time of the alleged violation there was an alcoholconcentration equivalent (as defined in IC 9-13-2-2.4) to at leastfive-hundredths (0.05) gram and less than eight-hundredths (0.08)gram of alcohol per:
(1) one hundred (100) milliliters of the person's blood; or
(2) two hundred ten (210) liters of the person's breath.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.18;P.L.1-2000, SEC.16; P.L.175-2001, SEC.15.
IC 14-15-8-7
"Serious bodily injury" defined
Sec. 7. As used in this chapter, "serious bodily injury" has themeaning set forth in IC 35-41-1.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-8
Operation of motorboat while intoxicated
Sec. 8. (a) Except as provided in subsections (b) and (c), a personwho operates a motorboat:
(1) with an alcohol concentration equivalent (as defined inIC 9-13-2-2.4) to at least eight-hundredths (0.08) gram ofalcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) while intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Class D felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed); or
(B) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Class C felony if the offense results in thedeath of another person.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.19;P.L.1-2000, SEC.17; P.L.175-2001, SEC.16.
IC 14-15-8-9
Operation of motorboat in violation of order
Sec. 9. A person who operates a motorboat after the person hasbeen ordered not to operate a motorboat under:
(1) IC 14-1-5 (repealed); or
(2) this chapter;
commits a Class A misdemeanor.As added by P.L.1-1995, SEC.8.
IC 14-15-8-10
Orders not to operate motorboat
Sec. 10. (a) In addition to any criminal penalties imposed for amisdemeanor under this chapter, the court shall order the person tonot operate a motorboat for at least one (1) year.
(b) In addition to any criminal penalty imposed for a felony underthis chapter, the court shall order the person to not operate amotorboat for at least two (2) years.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-11
Implied consent to chemical test
Sec. 11. A person who operates a motorboat in water over whichIndiana has jurisdiction impliedly consents to submit to the chemicaltest provisions of this chapter as a condition of operating a motorboatin Indiana. If a person refuses to submit to a chemical test under thischapter, the court shall order the person to not operate a motorboatfor at least one (1) year.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-12
Offer of chemical test
Sec. 12. (a) A law enforcement officer who has probable cause tobelieve that a person has committed an offense under this chaptershall offer the person the opportunity to submit to a chemical test. Itis not necessary for the law enforcement officer to offer a chemicaltest to an unconscious person.
(b) A law enforcement officer may offer a person more than one(1) chemical test under this chapter. However, all tests must beadministered within three (3) hours after the officer had probablecause to believe the person violated this chapter.
(c) A person must submit to each chemical test offered by a lawenforcement officer to comply with the implied consent provisionsof this chapter.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-13
Arrests; refusal to submit to chemical test
Sec. 13. (a) If a chemical test results in relevant evidence that theperson is intoxicated, the person may be arrested for an offense underthis chapter.
(b) If a chemical test results in prima facie evidence that theperson is intoxicated, the person shall be arrested for an offenseunder this chapter.
(c) A person who refuses to submit to a chemical test may bearrested for an offense under this chapter.
(d) At a proceeding under this chapter, a person's refusal to submitto a chemical test is admissible into evidence.As added by P.L.1-1995, SEC.8.
IC 14-15-8-14
Applicability of IC 9-30-6-5 and IC 9-30-6-6
Sec. 14. (a) The provisions of IC 9-30-6-5 concerning thecertification and use of chemical breath tests apply to the use ofchemical breath tests in a prosecution under this chapter.
(b) IC 9-30-6-6 applies to chemical tests performed under thischapter.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-15
Information provided upon refusal to submit to chemical test
Sec. 15. If a person refuses to submit to a chemical test under thischapter, the law enforcement officer shall inform the person that theperson's refusal will result in the suspension of the person'smotorboat operation privileges.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-16
Prosecuting attorney to represent state
Sec. 16. The prosecuting attorney of the county in which analleged violation of this chapter occurs shall represent the state in aproceeding under this chapter.
As added by P.L.1-1995, SEC.8.
IC 14-15-8-17
Admissibility of evidence; chemical tests
Sec. 17. (a) At a proceeding concerning an offense under thischapter, evidence of the alcohol concentration that was in the bloodof the person charged with the offense;
(1) at the time of the alleged violation; or
(2) within the time allowed for testing under section 12 of thischapter;
as shown by an analysis of the person's breath, blood, urine, or otherbodily substance is admissible.
(b) If, in a prosecution for an offense under this chapter, evidenceestablishes that:
(1) a chemical test was performed on a test sample taken fromthe person charged with the offense within the period of timeallowed for testing under section 12 of this chapter; and
(2) the person charged with the offense had an alcoholconcentration equivalent to at least eight-hundredths (0.08)gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath;
the trier of fact shall presume that the person charged with theoffense had an alcohol concentration equivalent to at leasteight-hundredths (0.08) gram of alcohol per one hundred (100)milliliters of the person's blood or per two hundred ten (210) liters of
the person's breath at the time the person operated the motorboat.However, this presumption is rebuttable.
As added by P.L.1-1995, SEC.8. Amended by P.L.33-1997, SEC.20;P.L.69-2009, SEC.5.