32-1131. Operating vessel under influence of alcohol or drugs; crime. (a) No person shall operate or attempt to operate any vessel within this state while:
(1) The alcohol concentration in the person's blood or breath as shown by any competent evidence, including other competent evidence, as defined in paragraph (1) of subsection (b) of K.S.A. 32-1130, and amendments thereto, is .08 or more;
(2) the alcohol concentration in the person's blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel, is .08 or more;
(3) the alcohol concentration in the person's blood or breath, at the time or within three hours after the person operated or attempted to operate the vessel is .02 or more and the person is less than 21 years of age;
(4) under the influence of alcohol to a degree that renders the person incapable of safely operating a vessel;
(5) under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely operating a vessel; or
(6) under the influence of a combination of alcohol and any drug or drugs to a degree that renders the person incapable of safely operating a vessel.
(b) If a person is charged with a violation of this section involving drugs, the fact that the person is or has been entitled to use the drug under the laws of this state shall not constitute a defense against the charge.
(c) No person shall operate or attempt to operate any vessel within this state for three months after the date of refusal of submitting to a test if such person refuses to submit to a test pursuant to K.S.A. 32-1132, and amendments thereto.
(d) Except as provided by subsection (e), violation of this section is a misdemeanor punishable:
(1) On the first conviction, by imprisonment of not more than one year or a fine of not less than $100 nor more than $500, or both; and
(2) on the second or a subsequent conviction, by imprisonment for not less than 90 days nor more than one year and, in the court's discretion, a fine of not less than $100 nor more than $500.
(e) Subsection (d) shall not apply to or affect a person less than 21 years of age who submits to a breath or blood alcohol test requested pursuant to K.S.A. 32-1132, and amendments thereto, and produces a test result of an alcohol concentration of .02 or greater but less than .08. Such person's boating privileges upon the first occurrence shall be suspended for 30 days and upon a second or subsequent occurrence shall be suspended for 90 days.
(f) In addition to any other penalties prescribed by law or rule and regulation, any person convicted of a violation of this section shall be required to satisfactorily complete a boater safety education course of instruction approved by the secretary before such person subsequently operates or attempts to operate any vessel.
History: L. 1987, ch. 403, § 2; L. 1993, ch. 259, § 10; L. 1999, ch. 113, § 1; L. 2013, ch. 122, § 11; Jan. 1, 2014.
Structure Kansas Statutes
Chapter 32 - Wildlife, Parks And Recreation
Article 11 - Boating And Water Activities
32-1103 Applicable laws; rules and regulations.
32-1104 Annual reports to county assessors.
32-1110 Display of number on vessel.
32-1112 Dealer certificates of number.
32-1115 Identification numbers; unlawful acts.
32-1117 Handmade vessels; assignment of number and issuance of decals; display; fee.
32-1119 Classes; light and other equipment requirements; prohibited operation.
32-1120 Restrictions on motorboat exhaust noise; compliance; penalties.
32-1125 Operation prohibitions.
32-1127 Application of stability test criteria, when.
32-1128 Water skis and surfboards; requirements.
32-1129 Personal flotation devices required, when; violations, penalty.
32-1130 Operating a vessel under the influence of alcohol or drugs; definitions.
32-1131 Operating vessel under influence of alcohol or drugs; crime.
32-1132 Tests for alcohol or drugs; procedures.
32-1133 Same; additional test by own physician.
32-1134 Same; tests for alcohol or drugs, use as evidence.
32-1135 Same; submission of other evidence.
32-1136 Immunity from liability for damage to vessel.
32-1138 Same; preliminary screening test.
32-1139 Boating safety education, certificate of completion required for certain operators.
32-1140 Same; approval, development and coordination by secretary; fee.
32-1141 Same; certificate of completion; issuance; revocation; reciprocity.
32-1142 Same; liability insurance for persons conducting course.
32-1143 Sections part of article 11.
32-1148 Boat liveries; duties.
32-1149 Regattas and other water events.
32-1150 Scuba diving; rules and regulations.
32-1152 Sanitation; toilet facilities.
32-1153 Same; sewage disposal.
32-1154 Same; rules and regulations.
32-1155 Applications for license of vessels to indicate presence of marine toilets.
32-1156 Abandonment of a vessel; removal from public waterway, when.
32-1159 Preservation of evidence of criminal offenses; liability for storage fees.
32-1166 Vessels exempt from provisions of act.
32-1174 Boating safety financial assistance fund.
32-1178 Same; transmittal to federal agency.