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Penalty for Operating a Boat or Vessel While Under the Influence of Alcohol

Operating a vessel while under the influence (Md. Natural Resources Code Ann. §8-738 (a)(1)) of alcohol in Maryland is defined as a misdemeanor.

A first conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.

A second conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $2,000.00 or imprisonment for not more than 2 years or both.

A third or subsequent conviction of operating a vessel while under the influence of alcohol carries a maximum penalty a fine of not more than $3,000.00 or imprisonment for not more than 3 years or both.

Penalty for Operating a Boat or Vessel while Impaired by Alcohol in Maryland

Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(2)) by alcohol in Maryland is defined as a misdemeanor.

A first conviction of operating a vessel while impaired by alcohol carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.

A second or subsequent conviction of operating a vessel while impaired by alcohol carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.

Operating a Boat or Vessel while Impaired by Drugs or a Combination of Drugs and Alcohol

Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(3)) by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely in Maryland is defined as a misdemeanor.

A first conviction of operating a vessel while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.

A second or subsequent conviction of operating a vessel while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol that the person cannot operate a vessel safely carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.

 Operating a Vessel while Impaired by a Controlled Substance

Operating a vessel while impaired (Md. Natural Resources Code Ann. §8-738 (a)(4)) by any controlled dangerous substance (Controlled Dangerous Substances “CDS” defined in Criminal Law Article 5-101), unless the person is entitled to use the controlled dangerous substance under the laws of the State of Maryland is defined as a misdemeanor.

A first conviction of operating a vessel while impaired by any controlled dangerous substance carries a maximum penalty a fine of not more than $500.00 or imprisonment for not more than 60 days or both.

A second or subsequent conviction of operating a vessel while impaired by any controlled dangerous substance carries a maximum penalty a fine of not more than $1,000.00 or imprisonment for not more than 1 year or both.

Refusal of Breath Test While Operating a Vessel

In addition to potential incarceration and fines, the Court may prohibit a person convicted of a violation of subsection (a)(1) (operating or attempt to operate a vessel while under the influence of alcohol) of this section from operating a vessel on the waters of the State for up to 1 year if the person:

(i) Refused to take a test, as defined in § 16-205.1 of the Transportation Article, when requested by a police officer under subsection (b)(3) of this section; or

(ii) Was tested and the result indicated an alcohol concentration of 0.08 or more.

If You Were Arrested for Operating a Boat or Vessel Under the Influence in Maryland, Our Lawyers Can Help

If you have been arrested and charged with operating a vessel while under the influence of while impaired by alcohol and /or drugs, contact the Law Offices of G. Randolph Rice, Jr., LLC, for the legal representation.  Contact the office at (410) 694-7291 for immediate help.

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