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 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.
South Dakota Legal Code