§ 49-b. Operating a vessel after having consumed alcohol; under the\nage of twenty-one; per se. 1. Prohibition. No person under the age of\ntwenty-one shall operate a vessel upon the waters of this state after\nhaving consumed alcohol as defined in this section. For purposes of this\nsection, a person under the age of twenty-one is deemed to have consumed\nalcohol only if such person has .02 of one per centum or more but not\nmore than .07 of one per centum by weight of alcohol in the person's\nblood, as shown by chemical analysis of such person's blood, breath,\nurine or saliva, made in accordance with the provisions of subdivision\nfour of section eleven hundred ninety-four of the vehicle and traffic\nlaw. Any person who operates a vessel in violation of this section, and\nwho is not charged with a violation of subdivision two of section\nforty-nine-a of this article arising out of the same incident shall be\nreferred to the department of motor vehicles for action in accordance\nwith the provisions of this section. Notwithstanding any provision of\nlaw to the contrary, a finding that a person under the age of twenty-one\noperated a vessel after having consumed alcohol in violation of this\nsection is not a judgment of conviction for a crime or any other\noffense.\n 2. Breath test for operators of vessel. Every person under the age of\ntwenty-one operating a vessel on the waters of the state which has been\ninvolved in an accident or which is operated in violation of any of the\nprovisions of this section or section forty-nine-a of this article which\nregulate the manner in which a vessel is to be properly operated while\nunderway shall, at the request of a police officer, submit to a breath\ntest to be administered by the police officer. If such test indicates\nthat such operator has consumed alcohol, the police officer may request\nsuch operator to submit to a chemical test in the manner set forth in\nthis section. For the purposes of this section, a vessel is being\n"operated" only when such vessel is underway and is being propelled in\nwhole or in part by mechanical power.\n 3. Chemical tests. (a) Any person under the age of twenty-one who\noperates a vessel on the waters of the state shall be requested to\nconsent to a chemical test of one or more of the following: breath,\nblood, urine, or saliva for the purpose of determining the alcoholic or\ndrug content of his blood, provided that such test is administered at\nthe direction of a police officer: (1) having reasonable grounds to\nbelieve such person to have been operating in violation of this section\nor paragraph (a), (b), (c), (d) or (e) of subdivision two of section\nforty-nine-a of this article and within two hours after such person has\nbeen placed under arrest, or detained pursuant to paragraph (c) of this\nsubdivision, for any such violation or (2) within two hours after a\nbreath test as provided in subdivision two of this section indicates\nthat alcohol has been consumed by such person and in accordance with the\nrules and regulations established by the police force of which the\nofficer is a member.\n (a-1) If such person having been detained pursuant to paragraph (c) of\nthis subdivision, and having thereafter been requested to submit to such\nchemical test and having been informed that the person's privilege to\noperate a vessel and any non-resident operating privilege shall be\nsuspended for refusal to submit to such chemical test or any portion\nthereof, whether or not there is a finding of operating a vessel after\nhaving consumed alcohol, refuses to submit to such chemical test or any\nportion thereof, unless a court order has been granted pursuant to\nsubdivision eight of section forty-nine-a of this article, the test\nshall not be given and a written report of such refusal shall be\nimmediately made by the police officer before whom such refusal was\nmade. Such report may be verified by having the report sworn to, or by\naffixing to such report a
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