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Minnesota Legislature

Office of the Revisor of Statutes

86B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A PHYSICAL
OR MENTAL DISABILITY.
    Subdivision 1. Acts prohibited. (a) An owner or other person having charge or control of a
motorboat may not authorize or allow an individual the person knows or has reason to believe
is under the influence of alcohol or a controlled or other substance to operate the motorboat in
operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable of
operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a
person who is convicted of violating section 169A.20 or an ordinance in conformity with it while
operating a motorboat, shall be prohibited from operating the motorboat on the waters of this state
for a period of 90 days between May 1 and October 31, extending over two consecutive years if
necessary. If the person operating the motorboat refuses to comply with a lawful demand to submit
to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, the person
shall be prohibited from operating the motorboat for a period of one year. The commissioner shall
notify the person of the period during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative
and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under this section and
chapters 169 and 169A relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of
them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a motorboat
that is anchored, beached, or securely fastened to a dock or other permanent mooring, or a
motorboat that is being rowed or propelled by other than mechanical means.
    Subd. 2.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 3.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 4.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 5.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 5a.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 6.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 7.[Repealed, 1Sp1997 c 2 s 69]
    Subd. 8.[Repealed, 1Sp1997 c 2 s 69]
History: 1990 c 391 art 9 s 18; 1992 c 570 art 3 s 1; 1994 c 615 s 5,6; 1995 c 230 s 6;
1Sp1997 c 2 s 5; 2000 c 478 art 2 s 7; 2000 c 495 s 7; 2001 c 7 s 23