§ 41-13-206 — Operation of watercraft by intoxicated or drugged person prohibited

Wyoming § 41-13-206

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 13: WATERCRAFT
• Art. 2: OPERATION; EQUIPMENT

Text

(a) As used in this section:
(i) "Alcohol concentration" means as defined in W.S.
31-5-233(a)(i);
(ii) "Controlled substance" includes:
(A) Any drug or substance defined by W.S.
35-7-1002(a)(iv);
(B) Any glue, aerosol or other toxic vapor which
when intentionally inhaled or sniffed results in impairment of
an individual's ability to safely operate a watercraft.
(b) No owner of any watercraft or person having charge or
control of a watercraft shall authorize or knowingly permit it
to be operated by any person who is under the influence of
alcohol, a controlled substance or combination thereof in
violation of subsection (c) of this section.
(c) No person shall operate or be in actual physical
control of a watercraft if the person:
(i) To a degree which renders him incapable of safely
operating a watercraft:
(A) Is under the influence of alcohol;
(B) Is under the influence of a controlled
substance; or
(C) Is under the influence of a combination of
the elements named in subparagraphs (A) and (B) of this
paragraph.
(ii) Has an alcohol concentration of eight one-
hundredths of one percent (0.08%) or more if the watercraft is a
motorboat.
(iii) Repealed by Laws 2020, ch. 87, § 3.
(d) In any criminal prosecution for a violation of this
section relating to operating or being in actual physical
control of a watercraft while under the influence of alcohol,
the amount of alcohol in the defendant's blood at the time
alleged as shown by chemical analysis of the defendant's blood,
urine, breath or other bodily substance shall give rise to the
following presumptions:
(i) If there was at that time an alcohol
concentration of five one-hundredths of one percent (0.05%) or
less, it shall be presumed that the defendant was not under the
influence of alcohol;
(ii) If there was at that time an alcohol
concentration of more than five one-hundredths of one percent
(0.05%) and less than eight one-hundredths of one percent
(0.08%) if the watercraft is a motorboat, that fact shall not
give rise to any presumption that the defendant was or was not
under the influence of alcohol, but it may be considered with
other competent evidence in determining the guilt or innocence
of the defendant.
(e) Nothing in subsection (d) of this section shall be
construed as limiting the introduction of any other competent
evidence bearing upon the question of whether or not the
defendant was under the influence of alcohol. The fact that any
person charged with a violation of subsection (c) of this
section is or has been entitled to use the controlled substance
under the laws of this state shall not constitute a defense
against any charge under this section. It is an affirmative
defense to a violation of paragraph (c)(iii) of this section
that the defendant consumed a sufficient quantity of alcohol
after the time of actual operation or physical control of a
watercraft and before the administration of the evidentiary test
to cause the defendant's alcohol concentration to exceed eight
one-hundredths of one percent (0.08%) if the watercraft is a
motorboat, but evidence of the consumption may not be admitted
unless notice is given to the prosecution pursuant to Rule 12.1
of the Wyoming Rules of Criminal Procedure.
(f) Repealed by Laws 1989, ch. 119, § 3.
(g) Nothing in this section shall be construed to
authorize a violation of the Wyoming controlled substances act.