WILLIAM DONALD SCHAEFER, Governor Ch. 336

make the person incapable of safely operating a vessel, it is not a defense to any charge
of violating this section that the person is or was entitled to uso the alcohol, drug,
combination of drugs, or combination of drugs and alcohol under the laws of this State.

[C] IT IS NOT A DEFENSE TO A CHARGE OF VIOLATING SUBSECTION
(A)(3) OF THIS SECTION THAT THE PERSON CHARGED IS OR WAS
ENTITLED UNDER THE LAWS OF THIS STATE TO USE THE DRUG,
COMBINATION OF DRUGS, OR COMBINATION OF 1 OR MORE DRUGS AND
ALCOHOL, UNLESS THE PERSON WAS UNAWARE THAT THE DRUG OR
COMBINATION WOULD MAKE THE PERSON INCAPABLE OF SAFELY
OPERATING A VESSEL.

(D) (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
TITLE, A PERSON WHO VIOLATES PARAGRAPH (1) OF SUBSECTION (A) OF
THIS SECTION IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION:

(I) FOR A FIRST OFFENSE, SHALL BE SUBJECT TO A FINE
OF NOT MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1
YEAR OR BOTH;

(II) FOR A SECOND OFFENSE, SHALL BE SUBJECT TO A
FINE OF NOT MORE THAN $2,000 OR IMPRISONMENT FOR NOT MORE
THAN 2 YEARS OR BOTH; AND

(III) FOR A THIRD OR SUBSEQUENT OFFENSE, SHALL BE
SUBJECT TO A FINE OF NOT MORE THAN $3,000 OR IMPRISONMENT FOR
NOT MORE THAN 3 YEARS OR BOTH.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
TITLE, A PERSON WHO VIOLATES PARAGRAPH (2), (3), OR (4) OF
SUBSECTION (A) OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND
UPON CONVICTION:

(I) FOR A FIRST OFFENSE, SHALL BE SUBJECT TO A FINE
OF NOT MORE THAN $500 OR IMPRISONMENT FOR NOT MORE THAN 2
MONTHS OR BOTH; AND

(II) FOR A SECOND OR SUBSEQUENT OFFENSE, SHALL BE
SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR IMPRISONMENT OF
NOT MORE THAN 1 YEAR OR BOTH.

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

Approved May 2, 1990.

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