CRIMINAL LAWAND PROCEDURE
267
other than alcohol or a controlled sub-
stance;
(4) any combination of alcohol, controlled
substances, or drugs; or
(5) any other substance, not including food
and food ingredients (as defined in IC 6-
2.5-1-20), tobacco (as defined in IC 6-2.5-
1-28), or a dietary supplement (as defined
in IC 6-2.5-1-16);
so that that there is an impaired condition of
thought and action and the loss of normal control
of an individual’s faculties.
35-46-9-3. “Motorboat” defined.
(a) As used in this chapter, “motorboat” means
a watercraft (as defined in IC 14-8-2-305) pro-
pelled by:
(1) an internal combustion, steam, or elec-
trical inboard or outboard motor or engine;
or
(2) any mechanical means.
(b) The term includes the following:
(1) Asailboat that is equipped with a motor
or an engine described in subsection (a)
when the motor or engine is in operation,
whether or not the sails are hoisted.
(2) A personal watercraft (as defined in
IC 14-8-2-202.5).
35-46-9-4. “Prima facie evidence of
intoxication” defined.
As used in this chapter, “prima facie evidence
of intoxication” includes evidence that at the time
of the alleged violation there was an alcohol con-
centration equivalent (as defined in IC 9-13-2-2.4)
to at least eight-hundredths (0.08) gram of alco-
hol per:
(1) one hundred (100) milliliters of the
person’s blood; or
(2) two hundred ten (210) liters of the per-
son’s breath.
35-46-9-5. “Relevant evidence” defined.
As used in this chapter, “relevant evidence”
includes evidence that at the time of the alleged
violation there was an alcohol concentration equiv-
alent (as defined in 9-13-2-2.4) to at least five-hun-
dredths (0.05) gram and less than eight-hundredths
(0.08) gram of alcohol per:
(1) one hundred (100) milliliters of the
person’s blood; or
(2) two hundred ten (210) liters of the per-
son’s breath.
35-46-9-6. Operating a motorboat while
intoxicated.
(a) Except as provided in subsections (b) and
(c), a person who operates a motorboat while:
(1) having an alcohol concentration equiv-
alent (as defined in IC 9-13-2-2.4) to at
least eight-hundredths (0.08) gram of alco-
hol per:
(A) one hundred (100) milliliters of
the person’s blood; or
(B) two hundred ten (210) liters of the
person’s breath;
(2) having a controlled substance listed in
schedule I or II of IC 35-48-2 or its metabo-
lite in the person’s body; or
(3) intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Level 6 felony if:
(1) the person has a previous conviction
under:
(A) IC 14-1-5 (repealed); or
(B) this chapter; or
(2) the offense results in serious bodily
injury to another person.
(c) The offense is a Level 5 felony if the
offense results in the death of another person.
(d) It is a defense to a prosecution under sub-
section (a)(2) that the accused person consumed
the controlled substance under a valid prescription
or order of a practitioner (as defined in IC 35-48-
1-24) who acted in the course of the practitioner’s
professional practice.
35-46-9-7. Unlawfully operating a
motorboat.
A person who operates a motorboat after the
person has been ordered not to operate a motor-
boat under:
(1) IC 14-5-8 (repealed); or
(2) this chapter;
commits a Class A misdemeanor.
35-46-9-8. Implied consent.
(a) A person who operates a motorboat in
water over which Indiana has jurisdiction
impliedly consents to submit to the chemical test
