A. No person shall operate any motorboat or vessel, or manipulate any skis, surfboard, or similar device, or engage in any spearfishing while skin diving or scuba diving in a reckless manner so as to endanger the life, limb, or property of any person.
B. No person shall operate any watercraft, as defined in § 29.1-733.2, or motorboat which is underway (i) while such person has a blood alcohol concentration at or greater than the blood alcohol concentration at which it is unlawful to drive or operate a motor vehicle as provided in § 18.2-266 as indicated by a chemical test administered in accordance with § 29.1-738.2, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to operate the watercraft or motorboat safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to operate the watercraft or motorboat safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood.
C. For purposes of this article, the word "operate" includes being in actual physical control of a watercraft or motorboat and "underway" means that a vessel is not at anchor, or made fast to the shore, or aground.
Any person who violates any provision of this section is guilty of a Class 1 misdemeanor.
1960, c. 500, § 62-174.10; 1962, c. 626; 1968, c. 659, § 62.1-176; 1987, c. 488; 1988, c. 176; 1989, c. 726; 1994, c. 587; 1996, cc. 929, 1015; 1997, c. 703; 2005, c. 616; 2013, c. 787.
Notes of Decisions
Cited in
9
cases (
5 in the last 5 years), 1992–2023 · leading case:
Camp v. Commonwealth, 419 S.E.2d 435 (Va. Ct. App. 1992).
Camp v. Commonwealth, 419 S.E.2d 435 (Va. Ct. App. 1992).
· cites it 5× “That Code section provides: § 29.1-738. Operating boat or manipulating water skis, etc.”
Green v. Commonwealth (ORDER), 856 S.E.2d 587 (Va. 2021).
· cites it 6× “Any individual who operates a boat in Virginia consents to provide a blood or breath sample to determine blood alcohol content “if such person is arrested” under subsection B of Code § 29.1-738 “within three hours of the alleged offense.”
Sarafin v. Commonwealth, 288 Va. 320 (2014).
· cites it 2× “Instead we are bound by the plain meaning of the statute, which compels our conclusion that Code § 18.2-266 4 The General Assembly has segregated the operation of aircraft and watercraft while under the influence from the operation of motor vehicles while under the influence.”
Michael Melvin Fary v. Commonwealth of Virginia, 885 S.E.2d 516 (Va. Ct. App. 2023).
· cites it 3× “2-51, and one count of misdemeanor reckless operation of a boat, in violation of Code § 29.1-738. On appeal, a three-judge panel of this Court heard Fary’s challenge to the sufficiency of the evidence to support his convictions for attempted malicious wounding and affirmed the…”
John Randolph Hooper v. Commonwealth of Virginia, 891 S.E.2d 768 (Va. Ct. App. 2023).
· cites it 3× “2(A) provides that “[a]ny person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary…”
City of Chesapeake v. Evans, 91 Va. Cir. 247 (Chesapeake Cir. Ct. 2015).
· cites it 3× “2-460 (obstruction of justice); 5 (7) Va. Code § 29.1-738(A) and (B)(ii) — (iv) (reckless boating/boating while intoxicated); (8) Va.”
Michael Melvin Fary v. Commonwealth of Virginia, No. 1079212 (Va. Ct. App. Aug. 23, 2022).
“2-51, and one count of reckless operation of a boat, in violation of § 29.1-738. The circuit court sentenced him to a total of thirty-five years and twelve months, with twenty-one years and six months suspended, and an active jail sentence of two years and six months with ten…”
Michael Melvin Fary v. Commonwealth of Virginia, No. 1079212 (Va. Ct. App. Sept. 20, 2022).
“2-51, and one count of reckless operation of a boat, in violation of § 29.1-738. The circuit court sentenced him to a total of thirty-five years and twelve months, with twenty-one years and six months suspended, and an active jail sentence of two years and six months with ten…”
Va. Code Ann. § 29.1-738(A): 2 cases
Camp v. Commonwealth, 419 S.E.2d 435 (Va. Ct. App. 1992).
“That Code section provides: § 29.1-738. Operating boat or manipulating water skis, etc.”
City of Chesapeake v. Evans, 91 Va. Cir. 247 (Chesapeake Cir. Ct. 2015).
“2-460 (obstruction of justice); 5 (7) Va. Code § 29.1-738(A) and (B)(ii) — (iv) (reckless boating/boating while intoxicated); (8) Va.”
Va. Code Ann. § 29.1-738(B): 1 case
Green v. Commonwealth (ORDER), 856 S.E.2d 587 (Va. 2021).
“Any individual who operates a boat in Virginia consents to provide a blood or breath sample to determine blood alcohol content “if such person is arrested” under subsection B of Code § 29.1-738 “within three hours of the alleged offense.”
Va. Code Ann. § 29.1-738(B)(ii): 1 case
John Randolph Hooper v. Commonwealth of Virginia, 891 S.E.2d 768 (Va. Ct. App. 2023).
“2(A) provides that “[a]ny person who, as a result of operating a watercraft or motorboat in violation of clause (ii), (iii), or (iv) of subsection B of § 29.1-738 or a similar local ordinance, unintentionally causes the death of another person, is guilty of involuntary…”
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