655
. (a) No person shall use any vessel or manipulate water skis,
an aquaplane, or a similar device in a reckless or negligent manner
so as to endanger the life, limb, or property of any person. The
department shall adopt regulations for the use of vessels, water
skis, aquaplanes, or similar devices in a manner that will minimize
the danger to life, limb, or property consistent with reasonable use
of the equipment for the purpose for which it was designed.
(b) No person shall operate any vessel or manipulate water skis,
an aquaplane, or a similar device while under the influence of an
alcoholic beverage, any drug, or the combined influence of an
alcoholic beverage and any drug.
(c) No person shall operate any recreational vessel or manipulate
any water skis, aquaplane, or similar device if the person has an
alcohol concentration of 0.08 percent or more in his or her blood.
(d) No person shall operate any vessel other than a recreational
vessel if the person has an alcohol concentration of 0.04 percent or
more in his or her blood.
(e) No person shall operate any vessel, or manipulate water skis,
an aquaplane, or a similar device who is addicted to the use of any
drug. This subdivision does not apply to a person who is
participating in a narcotic treatment program approved pursuant to
Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of
Division 10.5 of the Health and Safety Code.
(f) No person shall operate any vessel or manipulate water skis,
an aquaplane, or a similar device while under the influence of an
alcoholic beverage, any drug, or under the combined influence of an
alcoholic beverage and any drug, and while so operating, do any act
forbidden by law, or neglect any duty imposed by law in the use of
the vessel, water skis, aquaplane, or similar device, which act or
neglect proximately causes bodily injury to any person other than
himself or herself.
(g) Notwithstanding any other provision of law, information,
verbal or otherwise, which is obtained from a commissioned, warrant,
or petty officer of the United States Coast Guard who directly
observed the offense may be used as the sole basis for establishing
the necessary reasonable cause for a peace officer of this state to
make an arrest pursuant to the United States Constitution, the
California Constitution, and Section 836 of the Penal Code for
violations of subdivisions (b), (c), (d), and (e) of this section.
(h) In any prosecution under subdivision (c), it is a rebuttable
presumption that the person had 0.08 percent or more, by weight, of
alcohol in his or her blood at the time of operation of a
recreational vessel if the person had an alcohol concentration of
0.08 percent or more in his or her blood at the time of the
performance of a chemical test within three hours after the
operation.
(i) In any prosecution under subdivision (d), it is a rebuttable
presumption that the person had 0.04 percent or more, by weight, of
alcohol in his or her blood at the time of operation of a vessel
other than a recreational vessel if the person had an alcohol
concentration of 0.04 percent or more in his or her blood at the time
of the performance of a chemical test within three hours after the
operation.
(j) Upon the trial of any criminal action, or preliminary
proceeding in a criminal action, arising out of acts alleged to have
been committed by any person who was operating a vessel or
manipulating water skis, an aquaplane, or a similar device while
under the influence of an alcoholic beverage in violation of
subdivision (b) or (f), the amount of alcohol in the person's blood
at the time of the test, as shown by a chemical test of that person's
blood, breath, or urine, shall give rise to the following
presumptions affecting the burden of proof:
(1) If there was at that time less than 0.05 percent, by weight,
of alcohol in the person's blood, it shall be presumed that the
person was not under the influence of an alcoholic beverage at the
time of the alleged offense.
(2) If there was at that time 0.05 percent or more, but less than
0.08 percent, by weight, of alcohol in the person's blood, that fact
shall not give rise to any presumption that the person was or was not
under the influence of an alcoholic beverage, but the fact may be
considered with other competent evidence in determining whether the
person was under the influence of an alcoholic beverage at the time
of the alleged offense.
(3) If there was at that time 0.08 percent or more, by weight, of
alcohol in the person's blood, it shall be presumed that the person
was under the influence of an alcoholic beverage at the time of the
alleged offense.
(k) This section does not limit the introduction of any other
competent evidence bearing upon the question whether the person
ingested any alcoholic beverage or was under the influence of an
alcoholic beverage at the time of the alleged offense.
(l) This section applies to foreign vessels using waters subject
to state jurisdiction.