{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/29.1-738.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/29.1-738.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/29.1-738.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/29.1-738.5.html"}],"law_id":66297,"edition_id":1,"section_id":66297,"structure_id":13558,"section_number":"29.1-738.5","catch_line":"Participation in rehabilitation program","history":"1989, c. 726.","full_text":"A\n\nAny person convicted of a violation of subsection B of § 29.1-738, or any ordinance of a county, city or town similar to the provisions thereof, or any second offense thereunder, shall, with leave of court or upon court order, enter into an alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP) in the judicial district in which the charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. In the determination of the eligibility of such person to enter a program, the court shall consider his prior record of participation in any other rehabilitation program. Suspension of the penalties imposed pursuant to § 29.1-738.4 shall be conditioned upon successful completion of such a program.B\n\nThe court shall require the person entering such program under the provisions of subsection A to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed ten percent, shall be forwarded quarterly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of alcohol rehabilitation programs. Upon a finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for extended treatment under such program may be charged.C\n\nUpon such conviction, the court shall impose the sentence authorized. Upon a finding that a person so convicted is eligible for participation in an alcohol rehabilitation program, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to a program. If the court finds that a person is not eligible for a program or subsequently that the person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered. Appeals from any such disposition shall be allowed as provided by law.\n\t\t\tThe court shall have jurisdiction over any person entering a program under the provisions of this section until such time as the case has been disposed of by either successful completion of the program, or final imposition of sentence upon ineligibility or violation of a condition imposed by the court, whichever occurs first.D\n\nThe Commission on VASAP shall establish standards and criteria for the implementation and operation of water safety alcohol rehabilitation programs. The Commission on VASAP shall also establish criteria for the modalities of administration of such programs, as well as public information, accounting procedures and allocation of funds.","order_by":null,"text":{"0":{"id":240761,"text":"Any person convicted of a violation of subsection B of § 29.1-738, or any ordinance of a county, city or town similar to the provisions thereof, or any second offense thereunder, shall, with leave of court or upon court order, enter into an alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP) in the judicial district in which the charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. In the determination of the eligibility of such person to enter a program, the court shall consider his prior record of participation in any other rehabilitation program. Suspension of the penalties imposed pursuant to § 29.1-738.4 shall be conditioned upon successful completion of such a program.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":240762,"text":"The court shall require the person entering such program under the provisions of subsection A to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed ten percent, shall be forwarded quarterly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of alcohol rehabilitation programs. Upon a finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for extended treatment under such program may be charged.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":240763,"text":"Upon such conviction, the court shall impose the sentence authorized. Upon a finding that a person so convicted is eligible for participation in an alcohol rehabilitation program, the court shall enter the conviction on the warrant, and shall note that the person so convicted has been referred to a program. If the court finds that a person is not eligible for a program or subsequently that the person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered. Appeals from any such disposition shall be allowed as provided by law.\n\t\t\tThe court shall have jurisdiction over any person entering a program under the provisions of this section until such time as the case has been disposed of by either successful completion of the program, or final imposition of sentence upon ineligibility or violation of a condition imposed by the court, whichever occurs first.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":240764,"text":"The Commission on VASAP shall establish standards and criteria for the implementation and operation of water safety alcohol rehabilitation programs. The Commission on VASAP shall also establish criteria for the modalities of administration of such programs, as well as public information, accounting procedures and allocation of funds.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/29.1-738.5\/","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.<\/p>","references":[{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":60518,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","order_by":null,"url":"\/29.1-738.02\/"},{"id":87092,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","order_by":null,"url":"\/29.1-738.4\/"}],"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":87092,"section_number":"29.1-738.4","catch_line":"Additional penalty for reckless or intoxicated operation of a watercraft or motorboat","order_by":null,"url":"\/29.1-738.4\/"}],"permalink":{"id":193707,"object_type":"law","relational_id":66297,"identifier":"29.1-738.5","token":"29.1\/7\/3\/29.1-738.5","url":"\/29.1-738.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/29.1-738.5\/","token":"29.1\/7\/3\/29.1-738.5","dublin_core":{"Title":"Participation in rehabilitation program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 29.1-738.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person convicted of a violation of subsection B of § 29.1-738<\/a>, or any ordinance<\/span> of a county, city or town similar to the provisions thereof, or any second offense<\/span> thereunder, shall, with leave of court or upon court order<\/span>, enter into an alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP) in the judicial district in which the charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. In the determination of the eligibility of such person to enter a program, the court shall consider his prior record of participation in any other rehabilitation program. Suspension of the penalties imposed pursuant to § 29.1-738.4<\/a> shall be conditioned upon successful completion of such a program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court shall require the person entering such program under the provisions of subsection A to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed ten percent, shall be forwarded quarterly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of alcohol rehabilitation programs. Upon a finding<\/span> that the defendant<\/span> is indigent<\/span>, the court may reduce or waive<\/span> the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants<\/span> referred for extended treatment under such program may be charged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon such conviction<\/span>, the court shall impose the sentence authorized. Upon a finding<\/span> that a person so convicted is eligible for participation in an alcohol rehabilitation program, the court shall enter the conviction<\/span> on the warrant, and shall note that the person so convicted has been referred to a program. If the court finds that a person is not eligible for a program or subsequently that the person has violated, without good cause, any of the conditions set forth by the court in entering the program, the court shall dispose of the case as if no program had been entered. Appeals<\/span> from any such disposition<\/span> shall be allowed as provided by law<\/span>.\n\t\t\tThe court shall have jurisdiction<\/span> over any person entering a program under the provisions of this section until such time as the case has been disposed of by either successful completion of the program, or final imposition of sentence upon ineligibility or violation of a condition imposed by the court, whichever occurs first. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission on VASAP shall establish standards and criteria for the implementation and operation of water safety alcohol rehabilitation programs. The Commission on VASAP shall also establish criteria for the modalities of administration of such programs, as well as public information, accounting procedures and allocation of funds. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARTICIPATION IN REHABILITATION PROGRAM (\u00a7 29.1-738.5)\n\nA. Any person convicted of a violation of subsection B of § 29.1-738, or\nany ordinance of a county, city or town similar to the provisions thereof, or\nany second offense thereunder, shall, with leave of court or upon court order,\nenter into an alcohol safety action program certified by the Commission on the\nVirginia Alcohol Safety Action Program (VASAP) in the judicial district in which\nthe charge is brought or in any other judicial district upon such terms and\nconditions as the court may set forth. In the determination of the eligibility\nof such person to enter a program, the court shall consider his prior record of\nparticipation in any other rehabilitation program. Suspension of the penalties\nimposed pursuant to § 29.1-738.4 shall be conditioned upon successful\ncompletion of such a program.\n\nB. The court shall require the person entering such program under the provisions\nof subsection A to pay a fee of no less than $250 but no more than $300. A\nreasonable portion of such fee, as may be determined by the Commission on VASAP,\nbut not to exceed ten percent, shall be forwarded quarterly to be deposited with\nthe State Treasurer for expenditure by the Commission on VASAP, and the balance\nshall be held in a separate fund for local administration of alcohol\nrehabilitation programs. Upon a finding that the defendant is indigent, the\ncourt may reduce or waive the fee. In addition to the costs of the proceeding,\nfees as may reasonably be required of defendants referred for extended treatment\nunder such program may be charged.\n\nC. Upon such conviction, the court shall impose the sentence authorized. Upon a\nfinding that a person so convicted is eligible for participation in an alcohol\nrehabilitation program, the court shall enter the conviction on the warrant, and\nshall note that the person so convicted has been referred to a program. If the\ncourt finds that a person is not eligible for a program or subsequently that the\nperson has violated, without good cause, any of the conditions set forth by the\ncourt in entering the program, the court shall dispose of the case as if no\nprogram had been entered. Appeals from any such disposition shall be allowed as\nprovided by law.\n\t\t\tThe court shall have jurisdiction over any person entering a program under\nthe provisions of this section until such time as the case has been disposed of\nby either successful completion of the program, or final imposition of sentence\nupon ineligibility or violation of a condition imposed by the court, whichever\noccurs first.\n\nD. The Commission on VASAP shall establish standards and criteria for the\nimplementation and operation of water safety alcohol rehabilitation programs.\nThe Commission on VASAP shall also establish criteria for the modalities of\nadministration of such programs, as well as public information, accounting\nprocedures and allocation of funds.\n\nHISTORY: 1989, c. 726.","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}}