Section 35-46-9-6 - Operating a motorboat while intoxicated(a) Except as provided in subsections (b) and (c), a person who operates a motorboat while: (1) having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) 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;(2) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person's body; or(3) intoxicated; commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if: (1) the person has a previous conviction under:(A) IC 14-1-5 (repealed);(B) IC 14-15-8-8 (repealed); or(2) the offense results in serious bodily injury to another person.(c) The offense is a Level 5 felony if the offense results in the death or catastrophic injury of another person.(d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance in accordance with a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner's professional practice.Amended by P.L. 184-2019,SEC. 14, eff. 7/1/2019.Amended by P.L. 63-2018,SEC. 4, eff. 7/1/2018.Amended by P.L. 85-2017,SEC. 118, eff. 4/20/2017.Amended by P.L. 26-2016, SEC. 3, eff. 7/1/2016.Amended by P.L. 168-2014, SEC. 87, eff. 7/1/2014.Added by P.L. 40-2012, SEC. 21, eff. 7/1/2012.