Maryland Statutes
Subtitle 7 - State Boat Act
Section 8-738.1 - Operating Vessel While Under the Influence of or Impaired by Alcohol And/or Drugs -- Testing Required

(a)    If a person is involved in an accident while operating or attempting to operate a vessel that results in the death of, or a life–threatening injury to, another person and the person is detained by a police officer who has reasonable grounds to believe that the person has been operating a vessel or attempting to operate a vessel while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not operate a vessel safely, or while impaired by a controlled dangerous substance, the person shall be required to submit, as directed by the police officer, to a test of:
        (1)    The person’s breath to determine alcohol concentration;
        (2)    One specimen of the person’s blood to determine alcohol concentration or to determine the drug or controlled dangerous substance content of the person’s blood; or
        (3)    Both the person’s breath under item (1) of this subsection and one specimen of the person’s blood under item (2) of this subsection.
    (b)    If a police officer directs that a person be tested, then the provisions of § 10–304 of the Courts Article apply.
    (c)    Any medical personnel who perform any test required by this section are not liable for any civil damages as a result of any act or omission related to the test, not amounting to gross negligence.

Structure Maryland Statutes

Maryland Statutes

Natural Resources

Title 8 - Waters

Subtitle 7 - State Boat Act

Section 8-701 - Definitions

Section 8-702 - Legislative Intent

Section 8-703 - Powers and Duties of Department Generally

Section 8-703.1 - Antifouling Paints

Section 8-703.2 - Boating Regulations for Jennings Randolph Lake

Section 8-703.3 - Aquatic Invasive Species -- Decontamination of Vessels

Section 8-704 - Regulations of Department

Section 8-704.1 - Disclosure of Information

Section 8-705 - Waterways Improvement Districts -- in General

Section 8-706 - Waterways Improvement Districts -- Department's Functions

Section 8-707 - Waterway Improvement Fund -- Established; Purposes; Appropriations; Reports

Section 8-708 - Waterway Improvement Fund -- Financing Projects

Section 8-708.1 - Financing for Projects for Dredging Channels Adjacent to Main Channels or Harbors

Section 8-709 - Waterway Improvement Fund -- List of Requests for Use to Be Included in Department's Annual Budget Request; Expenditures From Fund Without Legislative Approval; Use of Fund for Administrative Expenses

Section 8-709.1 - Limitation of Marina Slips

Section 8-710 - Manufacturer's or Dealer's License

Section 8-710.1 - Bonds of Manufacturers or Dealers

Section 8-710.2 - Temporary Certificates of Boat Number

Section 8-710.3 - Excise Tax on Sales of Vessels

Section 8-711 - Hull Identification Number of Vessel

Section 8-712 - Numbering Vessels; Owner's Certificate of Number

Section 8-712.1 - Vessel Validation Sticker

Section 8-712.2 - Boating Safety Education

Section 8-712.3 - Rentals of Livery Vessels

Section 8-713 - Operation of Unnumbered Vessel Prohibited

Section 8-713.1 - Operating Vessel With Number, Name, or Home Port Concealed

Section 8-714 - Manufacturer's or Dealer's Transfer of Vessel Numbers; Restriction on Use of Manufacturer's or Dealer's Number

Section 8-715 - Owner's Certificate of Title -- in General

Section 8-716 - Certificate of Title -- Fees; Excise Tax

Section 8-716.1 - Certificate of Title -- Collection and Remittance of Excise Tax

Section 8-716.2 - Certificate of Title -- Enforcement of Subtitle

Section 8-717 - Certificate of Title -- Duplicate if Original Missing or Damaged

Section 8-718 - Certificate of Title -- Obtaining Manufacturer's or Importer's Certificate of Origin

Section 8-719 - Certificate of Title -- Dealer's Record of Vessels Bought, Sold, or Transferred

Section 8-720 - Certificate of Title -- Transfer or Repossession of Vessel by Operation of Law

Section 8-721 - Removal and Disposal of Abandoned or Sunken Vessels

Section 8-721.1 - Removal of Vessel From Marina

Section 8-722 - Acquiring Title to Abandoned Vessel

Section 8-723 - State Boat Act Fund

Section 8-724 - Boating Accidents

Section 8-724.1 - Damaging or Interfering With Use of Public Wharf or Landing

Section 8-725 - Waterskiing Restrictions

Section 8-725.1 - Controlled Water Ski Area in Maynadier Creek.

Section 8-725.2 - Abandonment of Vessel

Section 8-725.3 - Comprehensive Management Plan for Use of Vessels on Severn River

Section 8-725.4 - Speed Limits on Severn River; Penalties

Section 8-725.5 - Noise Levels for Vessels Operated in Tidal Waters

Section 8-725.6 - Speed Limit on Seneca Creek

Section 8-725.7 - Speed Limit on Certain Areas of Monocacy River

Section 8-725.8 - Marine Gatherings

Section 8-726 - Throwing or Dumping Refuse on Waters of State

Section 8-726.1 - Throwing Certain Waste on Certain Waters of the State

Section 8-727 - Enforcement of Subtitle by Officers; Use of Visual or Audible Signals

Section 8-727.1 - Use of Flashing Red and Yellow Lights or Signal Devices; Emergency Vessels

Section 8-728 - Security Interest in Vessels -- Exemptions From 8-729 to 8-736 of This Subtitle

Section 8-729 - Security Interest -- Perfection Generally

Section 8-730 - Security Interest -- Execution of Application; Time When Perfected; Endorsement of Certificate

Section 8-731 - Security Interest -- Assignability

Section 8-732 - Security Interest -- Relief Upon Satisfaction

Section 8-733 - Security Interest -- Adoption of Regulations

Section 8-734 - Security Interest -- Disclosure of Information

Section 8-735 - Security Interest -- Exclusive Method

Section 8-736 - Security Interest -- Forms; Investigations

Section 8-737 - Historical Watercraft Identification Plaque

Section 8-738 - Operating Vessel While Under the Influence of or Impaired by Alcohol And/or Drugs

Section 8-738.1 - Operating Vessel While Under the Influence of or Impaired by Alcohol And/or Drugs -- Testing Required

Section 8-738.2 - Operating Vessel in Reckless or Dangerous Manner

Section 8-739 - Penalties for Violations of 8-712, 8-712.1, 8-712.3, 8-713, 8-716.1 or 8-718

Section 8-740 - Safety Equipment Violations

Section 8-740.1 - Failure to Possess Ship-to-Shore Communication Device on Certain Vessels

Section 8-741 - Marine Sanitation Device

Section 8-742 - Marine Sanitation Survey; Identification of and Adequate Facilities in Sensitive Areas

Section 8-743 - Personal Flotation Devices

Section 8-744 - Insurance Policy or Bond for For-Hire Water Carrier