§ 46-22.2-2. Definitions.
For the purposes of this chapter, the following words and phrases shall have the following
meanings:
(1) "Chemical test� means an analysis of a person's blood, breath, urine, or other bodily substance for
the determination of the presence of alcohol or a controlled substance.
(2) "Controlled substance� means a drug, substance, or immediate precursor in schedules I-V of chapter 28 of title 21. The term shall not include distilled spirits, wine, or malt beverages, as those
terms are defined or used in chapter 1 of title 3, nor tobacco.
(3) "Intoxicated� means under the influence of alcohol, a controlled substance, any drug other than
alcohol or a controlled substance, or any combination of alcohol, controlled substance,
or drugs, so that there is impaired thought and action and loss of normal control
of a person's faculties to such an extent as to endanger any person.
(4) "Law enfordement officer� means an employee, the duties of whose position include investigation, apprehension,
or detention of individuals suspected or convicted of offenses against the criminal
laws of the state and includes environmental police officers employed by the department
of environmental management.
(5) "Prima facie evidence of intoxication� includes evidence that at the time of an alleged violation there was eight hundredths
of one percent (.08%), or more, by weight of alcohol in the person's blood if twenty-one
(21) years of age or older or two hundredths of one percent (.02%) or more by weight
of alcohol in the person's blood if under the age of twenty-one (21).
(6) "Relevant evidence� includes evidence that at the time of the alleged violation there was at least five
hundredths of one percent (.05%) but less than eight hundredths of one percent (.08%)
by weight of alcohol in the person's blood if twenty-one (21) years of age or older
or two hundredths of one percent (.02%) or more by weight of alcohol in the person's
blood if under the age of twenty-one (21).
(7) "Watercraft� means a device for transportation by water.
(8) "Serious bodily injury� means physical injury that creates a substantial risk of death or causes serious
permanent disfigurement or protracted loss or impairment of the function of any bodily
member or organ.
(9) "Blood alcohol level� means the percent by weight of alcohol in a person's blood, based upon milligrams
of alcohol per one hundred (100) cubic centimeters of blood.
(10) "Operator� means the person who is steering a watercraft as it is underway.
(11) "Underway� means that a watercraft is not at anchor or made fast to shore or ground.