Virginia § 29.1-738.4 - Additional penalty for reckless or intoxicated operation of a watercraft or motorboat
Full text of Virginia Code of Virginia § 29.1-738.4 — Additional penalty for reckless or intoxicated operation of a watercraft or motorboat, with citation guidance and answers to common questions.
§ 29.1-738.4. Additional penalty for reckless or intoxicated operation of a watercraft or motorboat
In addition to any other penalties authorized by law, upon conviction of any person for violation of any provision of § 29.1-738, the court shall order such person not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth for a period of twelve months from the date of a first conviction or for a period of three years from the date of a second or subsequent conviction within ten years of a first conviction. The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section shall run consecutively with any such order imposed for refusal to permit a blood or breath sample to be taken.
A first offense of violating this section shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. In addition, the court shall suspend the person's privilege to operate a motorboat or watercraft for the same period for which it had been suspended or revoked when such person violated this section.
The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section may be suspended by the court only as authorized in § 29.1-738.5.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 29.1-738.4
What does Code of Virginia § 29.1-738.4 cover?
Section 29.1-738.4 ("Additional penalty for reckless or intoxicated operation of a watercraft or motorboat") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 29.1-738.4?
A common citation format is "Code of Virginia § 29.1-738.4" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 29.1-738.4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.