Vermont Statutes Title 23. Motor Vehicles, § 3323. Boating under the influence of alcohol or drugs

(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this State while:

(b) As used in this section, “alcohol” includes “alcohol,” “malt beverages,” “spirits,” “fortified wines,” and “vinous beverages” as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of them.

(c) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance, or inhalant other than alcohol to a degree which renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State shall not constitute a defense against any charge of violating this section.

(d) For the purposes of this section, “drug” means a regulated drug as defined in 18 V.S.A. § 4201.

(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident.