Okla. Stat. tit. 63, § 63-4210.8
This is the official text of Okla. Stat. tit. 63, § 63-4210.8, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Operation or control of vessel under influence of
Official statutory text
alcohol or other intoxicating substance.
A. It shall be unlawful for any person to operate or be in
actual physical control of a vessel upon the waters of this state,
except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-
hundredths (0.08) or more at the time of a test of the person's
blood or breath;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1672
2. Is under the influence of any other intoxicating substance
to a degree which renders such person incapable of safely operating
a vessel upon the waters of this state; or
3. Is under the influence of alcohol and any other intoxicating
substance to a degree which renders such person incapable of safely
operating a vessel upon the waters of this state.
As used in this section, "other intoxicating substance" means
any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act or any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing or other
sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this
state, except privately owned waters, shall be deemed to have given
consent to a test or tests of such person's blood, breath, saliva or
urine for the purpose of determining the presence and concentration
of alcohol or any other intoxicating substance. Such tests shall be
performed within two (2) hours of an arrest and in the same manner
as provided for in Section 752 of Title 47 of the Oklahoma Statutes.
2. Evidence that the person has refused to submit to a test or
tests as required by this section shall be admissible upon the trial
of any criminal action or proceeding arising out of acts alleged to
have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be
in violation of this section and subject to the fines provided for
herein.
C. 1. Any person convicted of a violation of this section
shall be guilty of a misdemeanor and fined in an amount not to
exceed One Thousand Dollars ($1,000.00). Any second or subsequent
conviction shall be punishable by a fine in an amount of not less
than One Thousand Dollars ($1,000.00), nor more than Two Thousand
Five Hundred Dollars ($2,500.00).
2. A person arrested by a law enforcement officer for a
violation of this section may be allowed to post a cash bail in an
amount set by the arresting law enforcement officer not to exceed
the maximum fine provided by this section, or deposit a valid
license to operate a motor vehicle in exchange for an official
receipt issued by the arresting officer as provided for in Section
1111 et seq. of Title 22 of the Oklahoma Statutes.
A. It shall be unlawful for any person to operate or be in
actual physical control of a vessel upon the waters of this state,
except privately owned waters, who:
1. Has a blood or breath alcohol concentration of eight-
hundredths (0.08) or more at the time of a test of the person's
blood or breath;
Oklahoma Statutes - Title 63. Public Health and Safety Page 1672
2. Is under the influence of any other intoxicating substance
to a degree which renders such person incapable of safely operating
a vessel upon the waters of this state; or
3. Is under the influence of alcohol and any other intoxicating
substance to a degree which renders such person incapable of safely
operating a vessel upon the waters of this state.
As used in this section, "other intoxicating substance" means
any controlled dangerous substance as defined in the Uniform
Controlled Dangerous Substances Act or any other substance, other
than alcohol, which is capable of being ingested, inhaled, injected
or absorbed into the human body and is capable of adversely
affecting the central nervous system, vision, hearing or other
sensory or motor functions.
B. 1. Any person operating a vessel upon the waters of this
state, except privately owned waters, shall be deemed to have given
consent to a test or tests of such person's blood, breath, saliva or
urine for the purpose of determining the presence and concentration
of alcohol or any other intoxicating substance. Such tests shall be
performed within two (2) hours of an arrest and in the same manner
as provided for in Section 752 of Title 47 of the Oklahoma Statutes.
2. Evidence that the person has refused to submit to a test or
tests as required by this section shall be admissible upon the trial
of any criminal action or proceeding arising out of acts alleged to
have been committed in violation of the provisions of this section.
3. Any person refusing to submit to such test or tests shall be
in violation of this section and subject to the fines provided for
herein.
C. 1. Any person convicted of a violation of this section
shall be guilty of a misdemeanor and fined in an amount not to
exceed One Thousand Dollars ($1,000.00). Any second or subsequent
conviction shall be punishable by a fine in an amount of not less
than One Thousand Dollars ($1,000.00), nor more than Two Thousand
Five Hundred Dollars ($2,500.00).
2. A person arrested by a law enforcement officer for a
violation of this section may be allowed to post a cash bail in an
amount set by the arresting law enforcement officer not to exceed
the maximum fine provided by this section, or deposit a valid
license to operate a motor vehicle in exchange for an official
receipt issued by the arresting officer as provided for in Section
1111 et seq. of Title 22 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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