32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
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32-5A-191
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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33-5-75
following offenses: (1) Manslaughter or homicide by vehicle or vessel resulting from the operation
of a vessel. (2) Any violation of Section 32-5A-191.3 which requires revocation. (3) Any offense
of any law or regulation for which mandatory revocation is required upon conviction. (4) Any
felony in the commission of which a vessel is used. (5) Failure to stop, render aid, or identify
the person as required under the laws of this state in the event of a boating accident resulting
in the death or personal injury of another. (6) Perjury or the making of a false
affidavit or statement under oath to the Director of Public Safety or Commissioner of Conservation
and Natural Resources under this article or under any other law or regulation relating to
the ownership or operation of vessels. (7) Conviction upon three charges of reckless or careless
operation of a vessel committed within a period of 12 months. (8) Unauthorized use of a vessel
belonging to another, which act does not amount to a...
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33-5-26
a professional exhibition or a person or persons participating in an official regatta, motorboat
race, marine parade, tournament, or exhibition. (d) No person except in jump buoys and like
objects used normally in competitive and recreational skiing shall operate or manipulate any
vessel, tow rope, or other device by which the direction or location of water skis, aquaplane,
or any other recreational device may be affected or controlled in a manner to cause the water
skis, aquaplane, or other recreational device, or any person thereon, to collide with or strike
against any object or person. (e) Subsection (a) shall not apply to personal watercraft
as defined in Section 33-5-51. (f) Any person who violates this section shall be guilty of
a Class B misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one hundred dollars ($100). (Acts 1959,
No. 576, p. 1442, §24; Acts 1994, No. 94-652, p. 1243, §23.)...
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33-5-70
Section 33-5-70 Reckless operation of vehicle; careless operation; violation of rules and regulations
of Marine Police; penalties. (a) It is unlawful to operate a vessel in a reckless manner upon
the waters of this state. A person is guilty of the reckless operation of a vessel who operates
any vessel, or manipulates any water skis, aquaplane, or other marine transportation device,
upon the waters of this state in willful or wanton disregard for the safety of persons or
property at a speed, or in a manner to endanger, or likely to endanger, life, limb, or damage
the property of, or injure any person. Any person who violates this subsection is guilty of
a Class A misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12.
Any person so convicted shall be fined not less than one hundred fifty dollars ($150).
(b) Any person operating a vessel upon the waters of this state shall operate the vessel in
a reasonable and prudent manner, so as not to endanger...
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33-5-51
Section 33-5-51 Operation of personal watercraft. (a) As used in this section, "personal
watercraft" means a vessel which uses an inboard motor powering a water jet pump as its
primary source of motive power and which is designed to be operated by a person sitting, standing,
or kneeling on the vessel, rather than the conventional manner of sitting or standing inside
the vessel. (b) A person may not operate a personal watercraft on the waters of this
state, as waters are defined in Section 33-5-3, unless each person operating, riding on, or
being towed by the vessel is wearing a personal flotation device approved by the United
States Coast Guard, in accordance with rules and regulations by the Commissioner of the Department
of Conservation and Natural Resources. (c) A person operating a personal watercraft
on the waters of this state that does not have self circling capability, shall have a lanyard
type engine cutoff switch and must attach the lanyard to the person, clothing, or...
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32-5-200
Section 32-5-200 Consent to blood test; definitions; incapacity; refusal to submit to test;
notice of suspension, etc., of license; hearing; appeal. (a) Any person who operates a motor
vehicle on the public highways of this state who is involved in an accident that results in
death or a serious physical injury to any person shall be deemed to have given consent
to a test of his or her blood for the purpose of determining the alcoholic content of his
or her blood or the presence of amphetamines, opiates, or cannabis. The test or tests shall
be administered at the direction of a law enforcement officer having reasonable grounds to
believe that the person, while driving a motor vehicle on the public highways of this state,
was under the influence of alcohol, amphetamines, opiates, or cannabis. The person shall be
informed by the law enforcement officer who is investigating the accident that failure to
submit to a test will result in the suspension of his or her privilege to operate a...
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33-5-22
Section 33-5-22 Safety equipment and lights; flags; capacity plate; flame arrestor, etc., for
carburetor. (a) Every vessel while being operated on the waters of this state shall be equipped
with reasonable safety devices and lights as may be required under regulations promulgated
by the Commissioner of Conservation and Natural Resources. No person shall operate or give
permission for the operation of a vessel which is not equipped as is required by rules and
regulations duly promulgated by the commissioner of the Department of Conservation and Natural
Resources. (b) All such safety equipment and safety lights required by this section shall
meet such standards as the Commissioner of Conservation and Natural Resources may from time
to time establish as minimum equipment, and all such safety equipment and safety lights above
the minimum requirements which are required by the rules and regulations of the Department
of Conservation and Natural Resources shall conform with specific standards...
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13A-6-20
Section 13A-6-20 Assault in the first degree. (a) A person commits the crime of assault in
the first degree if: (1) With intent to cause serious physical injury to another person,
he or she causes serious physical injury to any person by means of a deadly weapon
or a dangerous instrument; or (2) With intent to disfigure another person seriously and permanently,
or to destroy, amputate, or disable permanently a member or organ of the body of another person,
he or she causes such an injury to any person; or (3) Under circumstances manifesting
extreme indifference to the value of human life, he or she recklessly engages in conduct which
creates a grave risk of death to another person, and thereby causes serious physical injury
to any person; or (4) In the course of and in furtherance of the commission or attempted commission
of arson in the first degree, burglary in the first or second degree, escape in the first
degree, kidnapping in the first degree, rape in the first degree, robbery in...
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33-5-61
Section 33-5-61 Restrictions for persons impaired from physical disabilities; special restricted
certification; penalty for violation of restrictions. (a) The Director of Public Safety, upon
issuing a boater safety certification, shall have authority whenever the holder is impaired
from a physical disability to impose restrictions suitable to the holder's operating ability
with respect to the type of or special mechanical control devices required on a vessel which
the holder may operate or other restrictions applicable to the holder as the Director of Public
Safety or Commissioner of Conservation and Natural Resources may determine to be appropriate
to assure the safe operation of a vessel by the holder. (b) The Director of Public Safety
may either issue a special restricted certification or may set forth restrictions upon the
usual certification form in the issuance of certification under subsection (a) of this section.
(c) The Commissioner of Conservation and National Resources may,...
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