{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-738.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-738.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-738.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-738.4.html"}],"law_id":87092,"edition_id":1,"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","history":"1989, c. 726; 1996, cc. 929, 1015.","full_text":"In addition to any other penalties authorized by law, upon conviction of any person for violation of any provision of \u00a7 29.1-738, the court shall order such person not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth for a period of twelve months from the date of a first conviction or for a period of three years from the date of a second or subsequent conviction within ten years of a first conviction. The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section shall run consecutively with any such order imposed for refusal to permit a blood or breath sample to be taken.\n\t\tA first offense of violating this section shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. In addition, the court shall suspend the person’s privilege to operate a motorboat or watercraft for the same period for which it had been suspended or revoked when such person violated this section.\n\t\tThe period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section may be suspended by the court only as authorized in \u00a7 29.1-738.5.","order_by":null,"text":{"0":{"id":311847,"text":"In addition to any other penalties authorized by law, upon conviction of any person for violation of any provision of \u00a7 29.1-738, the court shall order such person not to operate a watercraft or motorboat which is underway upon the waters of the Commonwealth for a period of twelve months from the date of a first conviction or for a period of three years from the date of a second or subsequent conviction within ten years of a first conviction. The period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section shall run consecutively with any such order imposed for refusal to permit a blood or breath sample to be taken.\n\t\tA first offense of violating this section shall constitute a Class 2 misdemeanor. A second or subsequent offense shall constitute a Class 1 misdemeanor. In addition, the court shall suspend the person’s privilege to operate a motorboat or watercraft for the same period for which it had been suspended or revoked when such person violated this section.\n\t\tThe period specified in any such order prohibiting operation of a watercraft or motorboat which is underway imposed pursuant to this section may be suspended by the court only as authorized in \u00a7 29.1-738.5.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-738.4\/","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 1 time. 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. That modification is as follows: in 1996, chapters 929<\/a> and 1015<\/a>.<\/p>","references":[{"id":60675,"section_number":"19.2-81","catch_line":"Arrest without warrant authorized in certain cases","order_by":null,"url":"\/19.2-81\/"},{"id":66297,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","order_by":null,"url":"\/29.1-738.5\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"}],"refers_to":[{"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":66297,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","order_by":null,"url":"\/29.1-738.5\/"}],"permalink":{"id":193703,"object_type":"law","relational_id":87092,"identifier":"29.1-738.4","token":"29.1\/7\/3\/29.1-738.4","url":"\/29.1-738.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-738.4\/","token":"29.1\/7\/3\/29.1-738.4","dublin_core":{"Title":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-738.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In addition to any other penalties authorized by law<\/span>, upon conviction<\/span> of any person for violation of any provision of \u00a7 29.1-738<\/a>, the court<\/span> shall order<\/span> such person not to operate<\/span> a watercraft or motorboat<\/span> which is underway upon the waters of the Commonwealth<\/span> for a period of twelve months from the date of a first conviction<\/span> or for a period of three years from the date of a second or subsequent conviction<\/span> within ten years of a first conviction<\/span>. The period specified in any such order<\/span> prohibiting operation of a watercraft or motorboat<\/span> which is underway imposed pursuant to this section shall run consecutively with any such order<\/span> imposed for refusal to permit a blood or breath sample to be taken.\n\t\tA first offense<\/span> of violating this section shall constitute a Class 2 misdemeanor<\/span>. A second or subsequent offense<\/span> shall constitute a Class 1 misdemeanor<\/span>. In addition, the court<\/span> shall suspend the person’s privilege<\/span> to operate<\/span> a motorboat<\/span> or watercraft for the same period for which it had been suspended or revoked when such person violated this section.\n\t\tThe period specified in any such order<\/span> prohibiting operation of a watercraft or motorboat<\/span> which is underway imposed pursuant to this section may be suspended by the court<\/span> only as authorized in \u00a7 29.1-738.5<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL PENALTY FOR RECKLESS OR INTOXICATED OPERATION OF A WATERCRAFT OR\nMOTORBOAT (\u00a7 29.1-738.4)\n\nIn addition to any other penalties authorized by law, upon conviction of any\nperson for violation of any provision of \u00a7 29.1-738, the court shall order such\nperson not to operate a watercraft or motorboat which is underway upon the\nwaters of the Commonwealth for a period of twelve months from the date of a\nfirst conviction or for a period of three years from the date of a second or\nsubsequent conviction within ten years of a first conviction. The period\nspecified in any such order prohibiting operation of a watercraft or motorboat\nwhich is underway imposed pursuant to this section shall run consecutively with\nany such order imposed for refusal to permit a blood or breath sample to be\ntaken.\n\t\tA first offense of violating this section shall constitute a Class 2\nmisdemeanor. A second or subsequent offense shall constitute a Class 1\nmisdemeanor. In addition, the court shall suspend the person’s privilege\nto operate a motorboat or watercraft for the same period for which it had been\nsuspended or revoked when such person violated this section.\n\t\tThe period specified in any such order prohibiting operation of a watercraft\nor motorboat which is underway imposed pursuant to this section may be suspended\nby the court only as authorized in \u00a7 29.1-738.5.\n\nHISTORY: 1989, c. 726; 1996, cc. 929, 1015.","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}}