Oklahoma § 63-4210.8 - Operation or control of vessel under influence of

§ 63-4210.8. Operation or control of vessel under influence of

alcohol or other intoxicating substance.

A. It shall be unlawful for any person to operate or be in

actual physical control of a vessel upon the waters of this state,

except privately owned waters, who:

1. Has a blood or breath alcohol concentration of eighthundredths (0.08) or more at the time of a test of the person's

blood or breath;

Oklahoma Statutes - Title 63. Public Health and Safety

2. Is under the influence of any other intoxicating substance

to a degree which renders such person incapable of safely operating

a vessel upon the waters of this state; or

3. Is under the influence of alcohol and any other intoxicating

substance to a degree which renders such person incapable of safely

operating a vessel upon the waters of this state.

As used in this section, "other intoxicating substance" means

any controlled dangerous substance as defined in the Uniform

Controlled Dangerous Substances Act or any other substance, other

than alcohol, which is capable of being ingested, inhaled, injected

or absorbed into the human body and is capable of adversely

affecting the central nervous system, vision, hearing or other

sensory or motor functions.

B. 1. Any person operating a vessel upon the waters of this

state, except privately owned waters, shall be deemed to have given

consent to a test or tests of such person's blood, breath, saliva or

urine for the purpose of determining the presence and concentration

of alcohol or any other intoxicating substance. Such tests shall be

performed within two (2) hours of an arrest and in the same manner

as provided for in Section 752 of Title 47 of the Oklahoma Statutes.

2. Evidence that the person has refused to submit to a test or

tests as required by this section shall be admissible upon the trial

of any criminal action or proceeding arising out of acts alleged to

have been committed in violation of the provisions of this section.

3. Any person refusing to submit to such test or tests shall be

in violation of this section and subject to the fines provided for

herein.

C. 1. Any person convicted of a violation of this section

shall be guilty of a misdemeanor and fined in an amount not to

exceed One Thousand Dollars ($1,000.00). Any second or subsequent

conviction shall be punishable by a fine in an amount of not less

than One Thousand Dollars ($1,000.00), nor more than Two Thousand

Five Hundred Dollars ($2,500.00).

2. A person arrested by a law enforcement officer for a

violation of this section may be allowed to post a cash bail in an

amount set by the arresting law enforcement officer not to exceed

the maximum fine provided by this section, or deposit a valid

license to operate a motor vehicle in exchange for an official

receipt issued by the arresting officer as provided for in Section

1111 et seq. of Title 22 of the Oklahoma Statutes.

Added by Laws 1996, c. 337, § 3, eff. July 1, 1996. Amended by Laws

1997, c. 199, § 8, eff. Nov. 1, 1997. Renumbered from Title 63, §

4210A by Laws 2003, c. 393, § 9, emerg. eff. June 4, 2003. Amended

by Laws 2011, c. 201, § 2, eff. July 1, 2011.