{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-738.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-738.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-738.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-738.3.html"}],"law_id":82349,"edition_id":1,"section_id":82349,"structure_id":13558,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","history":"1989, c. 726; 1995, c. 130; 2005, c. 616; 2017, c. 623.","full_text":"In any prosecution for operating a watercraft or motorboat that is underway in violation of clause (ii), (iii), or (iv) of subsection B of \u00a7 29.1-738, or of a similar ordinance of any county, city or town, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7 29.1-738.2 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the rebuttable presumptions of subdivisions A 1 through 4 of \u00a7 18.2-269.","order_by":null,"text":{"0":{"id":295072,"text":"In any prosecution for operating a watercraft or motorboat that is underway in violation of clause (ii), (iii), or (iv) of subsection B of \u00a7 29.1-738, or of a similar ordinance of any county, city or town, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7 29.1-738.2 or (ii) performed by the Department of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5, 18.2-268.6, and 18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant shall give rise to the rebuttable presumptions of subdivisions A 1 through 4 of \u00a7 18.2-269.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13558,"edition_id":1,"name":"Boating Safety","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13227,"metadata":{},"date_created":"2026-06-26 03:45:14","date_modified":"2026-06-26 03:45:14","permalink":{"id":193641,"object_type":"structure","relational_id":13558,"identifier":"3","token":"29.1\/7\/3","url":"\/29.1\/7\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13227,"edition_id":1,"name":"Boating Laws","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12934,"metadata":{},"date_created":"2026-06-26 03:44:29","date_modified":"2026-06-26 03:44:29","permalink":{"id":193453,"object_type":"structure","relational_id":13227,"identifier":"7","token":"29.1\/7","url":"\/29.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12934,"edition_id":1,"name":"Wildlife, Inland Fisheries and Boating","identifier":"29.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":192277,"object_type":"structure","relational_id":12934,"identifier":"29.1","token":"29.1","url":"\/29.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55333,"structure_id":13558,"section_number":"29.1-734","catch_line":"Authorization for and placing of markers in waters of the Commonwealth used for public swimming areas; no motorboating, waterskiing in marked area","url":"\/29.1-734\/","token":"29.1\/7\/3\/29.1-734","metadata":false},{"id":73163,"structure_id":13558,"section_number":"29.1-734.1","catch_line":"Skin and scuba divers","url":"\/29.1-734.1\/","token":"29.1\/7\/3\/29.1-734.1","metadata":false},{"id":81705,"structure_id":13558,"section_number":"29.1-735","catch_line":"Regulations for vessel operation and equipment","url":"\/29.1-735\/","token":"29.1\/7\/3\/29.1-735","metadata":false},{"id":68939,"structure_id":13558,"section_number":"29.1-735.1","catch_line":"Board authorized to promulgate regulations for seaplanes","url":"\/29.1-735.1\/","token":"29.1\/7\/3\/29.1-735.1","metadata":false},{"id":86125,"structure_id":13558,"section_number":"29.1-735.2","catch_line":"Boating safety education required; Board to promulgate regulations","url":"\/29.1-735.2\/","token":"29.1\/7\/3\/29.1-735.2","metadata":false},{"id":68371,"structure_id":13558,"section_number":"29.1-735.3","catch_line":"Regulation of parasail operators","url":"\/29.1-735.3\/","token":"29.1\/7\/3\/29.1-735.3","metadata":false},{"id":79496,"structure_id":13558,"section_number":"29.1-736","catch_line":"Boat rentals; equipment; safety course","url":"\/29.1-736\/","token":"29.1\/7\/3\/29.1-736","metadata":false},{"id":82900,"structure_id":13558,"section_number":"29.1-737","catch_line":"Muffling devices","url":"\/29.1-737\/","token":"29.1\/7\/3\/29.1-737","metadata":false},{"id":87020,"structure_id":13558,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","url":"\/29.1-738\/","token":"29.1\/7\/3\/29.1-738","metadata":false},{"id":62377,"structure_id":13558,"section_number":"29.1-738.01","catch_line":"Operating boat in an improper manner; penalty","url":"\/29.1-738.01\/","token":"29.1\/7\/3\/29.1-738.01","metadata":false},{"id":60518,"structure_id":13558,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","url":"\/29.1-738.02\/","token":"29.1\/7\/3\/29.1-738.02","metadata":false},{"id":58643,"structure_id":13558,"section_number":"29.1-738.03","catch_line":"Reckless operation of a personal watercraft","url":"\/29.1-738.03\/","token":"29.1\/7\/3\/29.1-738.03","metadata":false},{"id":59608,"structure_id":13558,"section_number":"29.1-738.1","catch_line":"Analysis of breath to determine alcohol content of blood","url":"\/29.1-738.1\/","token":"29.1\/7\/3\/29.1-738.1","metadata":false},{"id":60579,"structure_id":13558,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","url":"\/29.1-738.2\/","token":"29.1\/7\/3\/29.1-738.2","metadata":false},{"id":82349,"structure_id":13558,"section_number":"29.1-738.3","catch_line":"Presumptions from alcohol or drug content","url":"\/29.1-738.3\/","token":"29.1\/7\/3\/29.1-738.3","metadata":false},{"id":87092,"structure_id":13558,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","url":"\/29.1-738.4\/","token":"29.1\/7\/3\/29.1-738.4","metadata":false},{"id":66297,"structure_id":13558,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","url":"\/29.1-738.5\/","token":"29.1\/7\/3\/29.1-738.5","metadata":false},{"id":87081,"structure_id":13558,"section_number":"29.1-738.6","catch_line":"When arrested person operating a vessel; how vessel removed from scene of arrest","url":"\/29.1-738.6\/","token":"29.1\/7\/3\/29.1-738.6","metadata":false},{"id":85727,"structure_id":13558,"section_number":"29.1-739","catch_line":"Duty of operator involved in collision, accident or other casualty; immunity from liability; report of collision, etc.; summons in lieu of arrest","url":"\/29.1-739\/","token":"29.1\/7\/3\/29.1-739","metadata":false},{"id":54521,"structure_id":13558,"section_number":"29.1-739.1","catch_line":"Disregarding signal by law-enforcement officer to stop; attempts to elude; penalty","url":"\/29.1-739.1\/","token":"29.1\/7\/3\/29.1-739.1","metadata":false},{"id":83534,"structure_id":13558,"section_number":"29.1-739.2","catch_line":"Conservation police officers to patrol lakes","url":"\/29.1-739.2\/","token":"29.1\/7\/3\/29.1-739.2","metadata":false},{"id":78906,"structure_id":13558,"section_number":"29.1-740","catch_line":"Duty to stop and render assistance; penalties for violations","url":"\/29.1-740\/","token":"29.1\/7\/3\/29.1-740","metadata":false},{"id":73273,"structure_id":13558,"section_number":"29.1-741","catch_line":"Furnishing information to agency of United States","url":"\/29.1-741\/","token":"29.1\/7\/3\/29.1-741","metadata":false},{"id":63883,"structure_id":13558,"section_number":"29.1-742","catch_line":"Towing water skis, surfboards, etc","url":"\/29.1-742\/","token":"29.1\/7\/3\/29.1-742","metadata":false},{"id":76164,"structure_id":13558,"section_number":"29.1-743","catch_line":"Repealed","url":"\/29.1-743\/","token":"29.1\/7\/3\/29.1-743","metadata":false},{"id":60382,"structure_id":13558,"section_number":"29.1-744","catch_line":"Local regulation; application for placement or removal of \"no wake\" buoys, etc","url":"\/29.1-744\/","token":"29.1\/7\/3\/29.1-744","metadata":false},{"id":84734,"structure_id":13558,"section_number":"29.1-744.1","catch_line":"Repealed","url":"\/29.1-744.1\/","token":"29.1\/7\/3\/29.1-744.1","metadata":false},{"id":56497,"structure_id":13558,"section_number":"29.1-744.2","catch_line":"Repealed","url":"\/29.1-744.2\/","token":"29.1\/7\/3\/29.1-744.2","metadata":false},{"id":58749,"structure_id":13558,"section_number":"29.1-744.3","catch_line":"Slacken speed and control wakes near structures","url":"\/29.1-744.3\/","token":"29.1\/7\/3\/29.1-744.3","metadata":false},{"id":59480,"structure_id":13558,"section_number":"29.1-744.4","catch_line":"\"Pass-through\" zones; local ordinances; penalties","url":"\/29.1-744.4\/","token":"29.1\/7\/3\/29.1-744.4","metadata":false},{"id":65520,"structure_id":13558,"section_number":"29.1-745","catch_line":"Enforcement of chapter; vessels displaying Coast Guard inspection decal","url":"\/29.1-745\/","token":"29.1\/7\/3\/29.1-745","metadata":false},{"id":76264,"structure_id":13558,"section_number":"29.1-746","catch_line":"Penalties","url":"\/29.1-746\/","token":"29.1\/7\/3\/29.1-746","metadata":false}],"previous_section":{"id":60579,"structure_id":13558,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","url":"\/29.1-738.2\/","token":"29.1\/7\/3\/29.1-738.2","metadata":false},"next_section":{"id":87092,"structure_id":13558,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","url":"\/29.1-738.4\/","token":"29.1\/7\/3\/29.1-738.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-738.3\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 726 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 130<\/a>; in 2005, chapter 616<\/a>; in 2017, chapter 623<\/a>.<\/p>","references":false,"refers_to":[{"id":75295,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","order_by":null,"url":"\/18.2-268.5\/"},{"id":69540,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","order_by":null,"url":"\/18.2-268.6\/"},{"id":84208,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","order_by":null,"url":"\/18.2-268.7\/"},{"id":71034,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","order_by":null,"url":"\/18.2-269\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"}],"permalink":{"id":193699,"object_type":"law","relational_id":82349,"identifier":"29.1-738.3","token":"29.1\/7\/3\/29.1-738.3","url":"\/29.1-738.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-738.3\/","token":"29.1\/7\/3\/29.1-738.3","dublin_core":{"Title":"Presumptions from alcohol or drug content","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-738.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any prosecution<\/span> for operating a watercraft or motorboat<\/span> that is underway in violation of clause (ii), (iii), or (iv) of subsection B of \u00a7 29.1-738<\/a>, or of a similar ordinance<\/span> of any county, city or town, the amount of alcohol or drugs in the blood of the accused<\/span> at the time of the alleged offense<\/span> as indicated by a chemical analysis of a sample of the accused<\/span>’s blood or breath to determine the alcohol or drug content of his blood (i) in accordance with the provisions of \u00a7 29.1-738.2<\/a> or (ii) performed by the Department<\/span> of Forensic Science in accordance with the provisions of \u00a7\u00a7 18.2-268.5<\/a>, 18.2-268.6<\/a>, and 18.2-268.7<\/a> on the suspect’s whole blood drawn pursuant to a search warrant<\/span> shall give rise to the rebuttable presumptions<\/span> of subdivisions A 1 through 4 of \u00a7 18.2-269<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRESUMPTIONS FROM ALCOHOL OR DRUG CONTENT (\u00a7 29.1-738.3)\n\nIn any prosecution for operating a watercraft or motorboat that is underway in\nviolation of clause (ii), (iii), or (iv) of subsection B of \u00a7 29.1-738, or of a\nsimilar ordinance of any county, city or town, the amount of alcohol or drugs in\nthe blood of the accused at the time of the alleged offense as indicated by a\nchemical analysis of a sample of the accused’s blood or breath to\ndetermine the alcohol or drug content of his blood (i) in accordance with the\nprovisions of \u00a7 29.1-738.2 or (ii) performed by the Department of Forensic\nScience in accordance with the provisions of \u00a7\u00a7 18.2-268.5, 18.2-268.6, and\n18.2-268.7 on the suspect’s whole blood drawn pursuant to a search warrant\nshall give rise to the rebuttable presumptions of subdivisions A 1 through 4 of\n\u00a7 18.2-269.\n\nHISTORY: 1989, c. 726; 1995, c. 130; 2005, c. 616; 2017, c. 623.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}