42-8-45. Operation of boat under influence of alcohol or drugs as misdemeanor.
No person may operate a boat as defined in subdivisions 42-8-2(2B), (3), (5A), or (6) while underway on the public waters of the state while:
(1)There is 0.08 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance;
(2)Under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;
(3)Under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat;
(4)Under the combined influence of an alcoholic beverage and any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving or operating such boat; or
(5)Under the influence of any substance ingested, inhaled, or otherwise taken into the body as prohibited by §22-42-15.
Any violation of this section is a Class 1 misdemeanor.
Source: SL 1959, ch 125, §9; SDC Supp 1960, §25.1409 (2); SL 1977, ch 190, §628; SL 1983, ch 303, §1; SL 1992, ch 306, §1; SL 2002, ch 160, §5; SL 2012, ch 208, §1.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Section 42-8-1 - Safety and uniformity as policy of state.
Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways.
Section 42-8-1.3 - Notice of restriction or prohibition.
Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor.
Section 42-8-2 - Definition of terms.
Section 42-8-2.1 - "Underway" defined.
Section 42-8-41 - Boats--Required equipment--Penalty.
Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.
Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.
Section 42-8-45.1 - Arrest without a warrant--Probable cause.
Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test.
Section 42-8-45.3 - Lawful use of drug no defense.
Section 42-8-45.4 - Amount of alcohol in blood--Presumptions.
Section 42-8-45.5 - Competent evidence not limited.
Section 42-8-45.6 - Operation of boat on public waters as consent to be tested.
Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability.
Section 42-8-45.9 - Choice of additional testing.
Section 42-8-45.10 - Availability of test results.
Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action.
Section 42-8-46 - Reckless operation of boat as misdemeanor.
Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.
Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.
Section 42-8-63 - Application by political subdivision for special rules applicable therein.
Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states.
Section 42-8-68 - Sailboards exempt.
Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor.