(a) No person shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this state if any of the following applies:
(1) The person is under the influence of alcohol or a drug of abuse, or the combined influence of alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one per cent or more by weight of alcohol in the person’s blood;
(3) The person has a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine;
(4) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
(b) No person under twenty-one years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this state if any of the following applies:
(1) The person has a concentration of at least two-hundredths of one per cent, but less than ten-hundredths of one per cent by weight of alcohol in the person’s blood;
(2) The person has a concentration of at least twenty-eight one-thousandths of one gram, but less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the person’s urine;
(3) The person has a concentration of at least two-hundredths of one gram, but less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(c) In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1) and a violation of subsections (b)(1), (2) or (3) of this section, but the person shall not be convicted of more than one violation of those divisions.
(d) In any criminal prosecution for a violation of this section or of an ordinance of any municipal corporation relating to operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant’s blood, urine, or breath at the time of the alleged violation as shown by chemical analysis of the defendant’s blood, urine, or breath taken within two hours of the time of the alleged violation.
(e) For the purposes of this section, “operate” means that a vessel is being used on the waters in this state when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States Coast Guard, this state, or a political subdivision and in which the vessel has the right to anchor.
(ORC 1547.11)