Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.
42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor. No person may operate a boat while underway on the public waters of the state while:
(1) There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;
(2) Under the influence of an alcoholic beverage;
(3) Under the influence of marijuana or any controlled drug or substance to a degree which renders the person incapable of safely driving or operating such boat; or
(4) Under the combined influence of an alcoholic beverage and marijuana or any controlled drug or substance to a degree which renders the person incapable of safely driving or operating such boat.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 1959, ch 125, § 9; SDC Supp 1960, § 25.1409 (2); SL 1977, ch 190, § 628; SL 1983, ch 303, § 1; SL 1992, ch 306, § 1; SL 2002, ch 160, § 5.