18.2-51.5 - Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty.

§ 18.2-51.5. Maiming, etc., of another resulting from operating a watercraftwhile intoxicated; penalty.

A. Any person who, as a result of operating a watercraft or motorboat inviolation of subsection B of § 29.1-738 or a similar local ordinance in amanner so gross, wanton, and culpable as to show reckless disregard for humanlife, unintentionally causes the serious bodily injury of another personresulting in permanent and significant physical impairment is guilty of aClass 6 felony. The court shall order any person convicted under this sectionnot to operate a watercraft or motorboat that is underway upon the waters ofthe Commonwealth. After two years have passed from the date of theconviction, the convicted person may petition the court that entered theconviction for the right to operate a watercraft or motorboat upon the watersof the Commonwealth. Upon consideration of such petition, the court mayrestore the right to operate a watercraft or motorboat subject to such termsand conditions as the court deems appropriate, including the successfulcompletion of a water safety alcohol rehabilitation program described in §29.1-738.5.

B. The provisions of Article 3 (§ 29.1-734 et seq.) of Chapter 7 of Title29.1 shall apply, mutatis mutandis, upon arrest for a violation of thissection.

(2007, cc. 379, 679.)