1. A person who has been requested to submit to a chemical test shall be advised by a peace officer of the following:

 a. A refusal to submit to the test is punishable by a mandatory civil penalty of five hundred to two thousand dollars, and suspension of motorboat or sailboat operating privileges for at least a year. In addition, if the person is also convicted of operating a motorboat or sailboat while intoxicated, the person shall be subject to additional penalties.
 b. If the person submits to the test and the results indicate the presence of a controlled substance or other drug, or an alcohol concentration equal to or in excess of the level prohibited by section 462A.14, the person’s privilege to operate a motorboat or sailboat will be prohibited for at least one year, and up to six years.

Terms Used In Iowa Code 462A.14C

  • Alcohol concentration: means the number of grams of alcohol per any of the following:
     a. See Iowa Code 462A.2
  • Chemical test: means an analysis of a person's blood, breath, urine, or other bodily substance for the determination of the presence of alcohol, a controlled substance, or a drug. See Iowa Code 462A.2
  • Controlled substance: means any drug, substance, or compound that is regulated under chapter 124, including any counterfeit substance or simulated controlled substance, as well as any metabolite or derivative of the drug, substance, or compound. See Iowa Code 462A.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Motorboat: means any vessel propelled by an inboard, inboard-outdrive, or outboard engine, whether or not such engine is the principal source of propulsion. See Iowa Code 462A.2
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • Peace officer: means :
     a. See Iowa Code 462A.2
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
  • Sailboat: means any watercraft operated with a sail. See Iowa Code 462A.2
  • year: means twelve consecutive months. See Iowa Code 4.1
 2. This section does not apply in any case involving a person described in section 462A.14A, subsection 4, paragraph “f”.
 3. If a person refuses to submit to a chemical test, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of section 462A.14.
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