Colorado Code
Article 13 - Vessels
§ 33-13-108.1. Operating a Vessel While Under the Influence - Definitions

(1) (a) [ Editor's note: This version of the introductory portion to subsection (1)(a) is effective March 1, 2022. ] It is a violation for any person to operate or be in actual physical control of a motorized, wind-powered, or flying vessel in this state while:

(a) [ Editor's note: This version of subsection (12)(a) is effective March 1, 2022. ] Every person who is convicted of a violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. Except as provided in subsection (12)(c) of this section, the minimum period of imprisonment provided for the violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this subsection (12)(a) applies shall perform at least forty-eight hours but no more than ninety-six hours of useful public service.

(b) [ Editor's note: This version of subsection (12)(b) is effective March 1, 2022. ] Upon a conviction of a subsequent violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars and the court has the discretion to suspend the fine. The minimum period of imprisonment as provided for the violation shall be mandatory, but the court may suspend up to fifty days of the period of imprisonment if the offender complies with subsection (12)(c) of this section. In addition to any other penalty that is imposed, every person convicted of a violation to which this subsection (12)(b) applies shall perform not less than forty-eight hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of the service.

(c) [ Editor's note: This version of subsection (12)(c) is effective March 1, 2022. ] The mandatory minimum sentence of any person subject to subsection (12)(a) of this section may be suspended to the extent provided for in said subsection if the offender receives a presentence alcohol and drug evaluation and, based on that evaluation, if the offender satisfactorily completes and meets all financial obligations of an appropriate level I or level II alcohol and drug driving safety education or treatment program as is determined to be appropriate by the alcohol and drug evaluation pursuant to section 42-4-1301.3. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall serve that portion of the sentence that was suspended. The court, at any time, has the discretion to employ sentencing alternatives described in section 18-1.3-106.

(b) [ Editor's note: This version of subsection (13)(b) is effective March 1, 2022. ] Any person who violates subsection (13)(a) of this section commits a class 2 misdemeanor.

Source: L. 89: Entire section added, p. 1352, § 1, effective July 1. L. 94: (7), (11), and (14) amended, p. 2803, § 570, effective July 1; (12)(e) and (12)(f) amended, p. 2566, § 81, effective January 1, 1995. L. 2002: (12)(e) and (12)(f) amended, p. 1920, § 13, effective July 1; (12)(f) amended, p. 1545, § 297, effective October 1. L. 2003: (12)(a) and (13)(b) amended, p. 1947, § 21, effective May 22. L. 2008: Entire section amended, p. 645, § 2, effective August 5. L. 2012: (1)(a)(III) and (1)(a)(IV) amended, (HB 12-1311), ch. 281, p. 1630, § 82, effective July 1; (6) amended, (HB 12-1059), ch. 271, p. 1438, § 23, effective July 1. L. 2013: (12)(f) amended, (HB 13-1156), ch. 336, p. 1959, § 11, effective August 7. L. 2019: (6) amended, (SB 19-242), ch. 396, p. 3531, § 24, effective May 31. L. 2021: IP(1)(a), (12)(a), (12)(b), (12)(c), and (13)(b) amended, (SB 21-271), ch. 462, p. 3265, § 573, effective March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (12)(f), see section 1 of chapter 318, Session Laws of Colorado 2002.