KRS 235.240: Prohibition of operation of boat negligently or while intoxicated or

drugged -- Consent to test for alcohol or drugs -- Elements of operation under

influence of alcohol or other substance.

(1) A person shall not operate any motorboat or vessel, or manipulate any water skis,

surfboard, or similar device, in a reckless or negligent manner so as to endanger the

life or property of any person.

(2) A person shall not operate any motorboat or vessel, or manipulate any water skis,

surfboard, or similar device, while intoxicated or under the influence of any other

substance which impairs one's driving ability.

(3) Any person who operates a vessel upon the waters of the Commonwealth shall be

deemed to have given consent to a test or tests as accepted by t he state's evidentiary

mandate for the purpose of determining the operator's alcohol concentration or the

presence of other drugs. The test or tests shall be administered at the direction of a

law enforcement officer who has probable cause to believe that the operator may

have been violating this section.

(4) For the purposes of enforcing subsection (2) of this section, the elements of the

offense are those established in KRS 189A.010(1) to (4), except that the penalties

for this offense are set forth in KRS 235.990.