(2) Are not admissible in a prosecution other than a prosecution [under]
FOR A VIOLATION OF § 21-902 of the Transportation Article, § 8-738 OF THE NATURAL
RESOURCES ARTICLE, or [a violation of] Article 27, § 388, § 388A, or § 388B of the
Code.

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 one or more 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 the State.

(b) (1) [The evidentiary requirements of] EXCEPT AS PROVIDED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, THE EVIDENTIARY PRESUMPTIONS AND
PROCEDURES ESTABLISHED UNDER §§ 10-302 through [10-307] 10-308 of the
Courts Article are applicable to any violation of this section.

(2) IF AT THE TIME OF TESTING AN INDIVIDUAL HAS AN ALCOHOL
CONCENTRATION THAT MEETS THE INTOXICATED PER SE DEFINITION IN § 11-127.1
OF THE TRANSPORTATION ARTICLE, AS DETERMINED BY AN ANALYSIS OF THE
INDIVIDUAL'S BLOOD OR BREATH, IT SHALL BE PRIMA FACIE EVIDENCE THAT THE
INDIVIDUAL WAS OPERATING A VESSEL WHILE INTOXICATED.

(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.