Md. Code Regs. 08.18.35.11

Current through Register Vol. 51, No. 18, September 6, 2024

Section 08.18.35.11 - Operating or Skiing Under the Influence of Intoxicants

A. Possession or consumption of a nonprescription controlled dangerous substance anywhere on the Lake project is prohibited.

B. A person may not operate a vessel:

(1) With an alcohol concentration in the blood of 0.07 of 1 percent or more, as determined by analysis of blood or breath; or

(2) While under the influence of:

(a) A controlled dangerous substance, or

(b) A combination of a controlled dangerous substance and alcohol.

C. If a law enforcement officer has reasonable cause to believe that a person is violating Regulation .07D(2), (3), or (4), or §B of this regulation, a test of the person's breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of one specimen of the person's blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person's blood. The rules set forth in Courts and Judicial Proceedings Article, 10-302-----10-306, Annotated Code of Maryland, regarding tests of blood and breath apply to prosecutions under this chapter.

D. A person who violates §B of this regulation is guilty of a misdemeanor and upon conviction is subject to the penalties set forth in Natural Resources Article, §8-738(d)(1), Annotated Code of Maryland. A person who violates any other regulation in this chapter, in addition to any other penalty provided by law, is subject to the penalties provided in Natural Resources Article, §8-2001, Annotated Code of Maryland.

Md. Code Regs. 08.18.35.11

Regulations .11 adopted as an emergency provision effective May 15, 1997 (24:12 Md. R. 857); emergency status extended at 24:24 Md. R. 1668 and 25:9 Md. R. 676
Regulations .11 adopted effective May 18, 1998 (25:10 Md. R. 746)