                                 CODE OF VIRGINIA

ADDITIONAL PENALTY FOR RECKLESS OR INTOXICATED OPERATION OF A WATERCRAFT OR
MOTORBOAT (§ 29.1-738.4)

In addition to any other penalties authorized by law, upon conviction of any
person for violation of any provision of § 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.
		A 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&#8217;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.
		The 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 § 29.1-738.5.

HISTORY: 1989, c. 726; 1996, cc. 929, 1015.