Ch. 336 LAWS OF MARYLAND

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1990.

Approved May 2, 1990.

CHAPTER 336
(House Bill 562)

AN ACT concerning

Boating - Operating Vessel While Intoxicated or Under the Influence —Pcnalties

FOR the purpose of providing that it is not a defense to certain charges that a person
is or was entitled to use alcohol under the laws of this State; clarifying language;
and altering the penalties for operating or attempting to operate a vessel while
intoxicated or under the influence of alcohol, drugs any drug, any combination of
drugs, or drugs and alcohol, or controlled dangerous substances.

BY repealing and reenacting, with amendments,
Article - Natural Resources
Section 8-738

Annotated Code of Maryland
(1983 Replacement Volume and 1989 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

8-738.

(a) A person may not operate or attempt to operate a vessel while the person:

(1) Is intoxicated;

(2) Is under the influence of alcohol;

(3) Is so far under the influence of any drug, combination of drugs, or
combination of drugs and alcohol that the person cannot operate a vessel safely; or

(4) Is under the influence of any controlled dangerous substance, as
defined in Article 27, § 277 of the Code, unless the person is entitled to use the
controlled dangerous substance under the laws of this State.

(b) The evidentiary requirements of Sections 10-302 through 10-307 of the
Courts Article are applicable to any violation of this section.

(c) Unless the person charged with any violation of this section was unaware
that the alcohol, drug, combination of drugs, or combination of drugs and alcohol would

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