A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.
B. No person shall operate any watercraft, as defined in § 29.1-733.2, or motorboat which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in § 18.2-266 as indicated by a chemical test administered in accordance with § 29.1-738.2, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the watercraft or motorboat safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.
C. For purposes of this article, the word "operate" includes being in actual physical control of a watercraft or motorboat and "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
1960, c. 500, § 62-174.10; 1962, c. 626; 1968, c. 659, § 62.1-176; 1987, c. 488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015; 1997, c. 703; 2005, c. 616; 2013, c. 787.
Structure Code of Virginia
Title 29.1 - Wildlife, Inland Fisheries and Boating
§ 29.1-701.1. Authority of Board to set fees
§ 29.1-702. Registration requirements; display of numbers; cancellation of certificate; exemption
§ 29.1-702.1. Making false affidavit or swearing falsely, perjury; penalty
§ 29.1-703. Identification numbers required; decals
§ 29.1-703.1. Temporary registration certificate; fee; application
§ 29.1-704. Recording previously awarded numbers
§ 29.1-705. Change of ownership of motorboat; lost certificates
§ 29.1-706. Agents awarding numbers
§ 29.1-708. Transfer, destruction or abandonment of motorboat
§ 29.1-709. Change of address of certificate holder
§ 29.1-710. Exemption from numbering requirements
§ 29.1-711. Dealers and manufacturers of motorboats
§ 29.1-733.4. Supplemental principles of law and equity
§ 29.1-733.5. Law governing watercraft covered by certificate of title
§ 29.1-733.6. Certificate of title required
§ 29.1-733.7. Application for certificate of title
§ 29.1-733.8. Creation and cancellation of certificate of title
§ 29.1-733.9. Content of certificate of title
§ 29.1-733.11. Maintenance of and access to files
§ 29.1-733.12. Action required on creation of certificate of title
§ 29.1-733.13. Effect of certificate of title
§ 29.1-733.14. Effect of possession of certificate of title; judicial process; levy; penalty
§ 29.1-733.15. Perfection of security interest
§ 29.1-733.16. Termination statement; delivery of certificate of title; penalty
§ 29.1-733.17. Transfer of ownership
§ 29.1-733.18. Effect of missing or incorrect information
§ 29.1-733.19. Transfer of ownership by secured party's transfer statement
§ 29.1-733.20. Transfer by operation of law
§ 29.1-733.22. Replacement certificate of title
§ 29.1-733.23. Rights of purchaser other than secured party
§ 29.1-733.24. Rights of secured party
§ 29.1-733.25. Acquiring title to an abandoned watercraft
§ 29.1-733.26. Duties and operation of the Department
§ 29.1-733.27. Uniformity of application and construction
§ 29.1-733.28. Relationship to Electronic Signatures in Global and National Commerce Act
§ 29.1-734.1. Skin and scuba divers
§ 29.1-735. Regulations for vessel operation and equipment
§ 29.1-735.1. Board authorized to promulgate regulations for seaplanes
§ 29.1-735.2. Boating safety education required; Board to promulgate regulations
§ 29.1-735.3. Regulation of parasail operators
§ 29.1-736. Boat rentals; equipment; safety course
§ 29.1-738.01. Operating boat in an improper manner; penalty
§ 29.1-738.03. Reckless operation of a personal watercraft
§ 29.1-738.1. Analysis of breath to determine alcohol content of blood
§ 29.1-738.2. Consent to blood or breath test
§ 29.1-738.3. Presumptions from alcohol or drug content
§ 29.1-738.4. Additional penalty for reckless or intoxicated operation of a watercraft or motorboat
§ 29.1-738.5. Participation in rehabilitation program
§ 29.1-738.6. When arrested person operating a vessel; how vessel removed from scene of arrest
§ 29.1-739.1. Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty
§ 29.1-739.2. Conservation police officers to patrol lakes
§ 29.1-740. Duty to stop and render assistance; penalties for violations
§ 29.1-741. Furnishing information to agency of United States
§ 29.1-742. Towing water skis, surfboards, etc.
§ 29.1-744. Local regulation; application for placement or removal of "no wake" buoys, etc.
§ 29.1-744.3. Slacken speed and control wakes near structures
§ 29.1-744.4. "Pass-through" zones; local ordinances; penalties
§ 29.1-745. Enforcement of chapter; vessels displaying Coast Guard inspection decal
§ 29.1-748. Restrictions on operation; penalty
§ 29.1-748.1. Local ordinances; operation on lakes; minimum distance from shoreline; penalty
§ 29.1-749. Owner of personal watercraft permitting violation; penalty
§ 29.1-749.1. Identification of personal watercraft rentals
§ 29.1-749.2. Local regulation of personal watercraft rentals; penalty
§ 29.1-749.3. Personal watercraft instruction; rental agents