The Vermont Statutes Online

Title 23 : Motor Vehicles

Chapter 029 : Snowmobiles, Vessels, and Water Sports

Subchapter 002 : Vessels

• § 3323. Boating under the influence of alcohol or drugs

  (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 alcohol; or

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

  (b) As used in this section, “alcohol” includes “alcohol,” “malt beverages,” “spirits,” “fortified wines,” and “vinous beverages” as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.

  (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 alcohol 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 18 V.S.A. § 4201.

  (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; 2017, No. 83, § 155; 2023, No. 6, § 258, eff. July 1, 2023.)