5-395.03. Test for alcohol concentration or drug content; refusal; civil penalty

A. Any person who operates a motorized watercraft that is underway within this state gives consent, subject to section 4-244, paragraph 35, section 5-395 or section 5-396, to a test or tests of the person's blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content if the person is arrested for any offense arising out of acts alleged to have been committed in violation of this chapter or section 4-244, paragraph 35 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs. The test or tests chosen by the law enforcement agency shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating or in actual physical control of a motorized watercraft that is underway within this state while under the influence of intoxicating liquor or drugs, or if the person is under twenty-one years of age, with spirituous liquor in the person's body.

B. Following an arrest a violator shall be requested to submit to and successfully complete any test or tests prescribed by subsection A of this section, and, if the violator refuses to submit to or complete the test or tests, the violator shall be informed that the violator is subject to a civil penalty. The case shall proceed as provided in title 28, chapter 5, article 4.

C. A person who refuses any test or tests prescribed by subsection A of this section is subject to a civil penalty of seven hundred fifty dollars and:

1. An additional civil penalty of five hundred dollars to be deposited by the state treasurer in the prison construction and operations fund established by section 41-1651. The civil penalty authorized pursuant to this paragraph is not subject to any surcharge. If the civil penalty authorized pursuant to this paragraph is imposed by the superior court or a justice court, the court shall transmit the amount collected to the county treasurer. If the civil penalty authorized pursuant to this paragraph is imposed by a municipal court, the court shall transmit the amount collected to the city treasurer. The city or county treasurer shall transmit the monies received pursuant to this paragraph to the state treasurer.

2. If the person is convicted or adjudicated of any offense arising out of acts committed in violation of this chapter or section 4-244, paragraph 35 while the person was operating or in actual physical control of a motorized watercraft that was underway while under the influence of intoxicating liquor or drugs, an additional assessment of five hundred dollars to be deposited by the state treasurer in the law enforcement and boating safety fund established by section 5-383. The assessment imposed pursuant to this paragraph is not subject to any surcharge. If the conviction or adjudication occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction or adjudication occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received pursuant to this paragraph to the state treasurer.

D. If a person under arrest refuses to submit to the test designated by the law enforcement agency as provided in subsection A of this section none shall be given, except as provided in section 5-395, subsection L or pursuant to a search warrant.