(A) A peace officer, without a warrant, may arrest a person if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vessel involved in the accident in the city while in violation of § 95.210(A) and (C) of this chapter.
(B) A peace officer who has reasonable cause to believe that a person was operating a vessel on the waters of the city and that, by the consumption of intoxicating liquor, the person may have affected his or her ability to operate a vessel, may require the person to submit to a preliminary chemical breath analysis. The following apply with respect to a preliminary chemical breath analysis:
(1) Only a peace officer who has successfully completed a training course taught by a state-certified instructor in the administration of the preliminary chemical breath analysis may administer that test;
(2) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis;
(3) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime described in § 95.210(A) and (C) of this chapter or § 95.214(E) of this chapter or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This division (B)(3) does not limit the introduction of other competent evidence offered to establish the validity of an arrest;
(4) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of § 95.214(E) through (H) of this chapter for the purposes of chemical tests described in those sections; and
(5) A person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
(C) A peace officer making an arrest under this chapter shall take measures to assure that the vessel and its occupants are safely returned to shore.
(D) If, within 60 days after the issuance of a citation for a civil infraction under this section, the person to whom the citation is issued is not charged with a violation of § 95.210(A) and (C) of this chapter, the citation issued for the civil infraction is void. Upon application of the person to whom the citation is issued, money paid by the person as fine, costs or otherwise shall be immediately returned.
(Prior Code, § 21.5-125) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999