§10701.__Hunting under the influence; operating watercraft,

snowmobile or ATV under the influence

1.__Prohibition.__A person may not hunt wild animals or wild birds or operate or attempt to operate a watercraft, snowmobile or ATV:

A.__While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs;

B.__For a person 21 years of age or older, while having 0.08% or more by weight of alcohol in that person's blood; or

C.__For a person less than 21 years of age, while having any amount of alcohol in the blood.

2.__Possession of hunting equipment while intoxicated.__The possession of hunting equipment in the fields or forests or on the waters or ice in the State by a person while under the influence of intoxicating liquor or drugs is prima facie evidence that the possessor is in violation of subsection 1.

3.__Penalties.__A person who violates this section commits a Class D crime.__In determining an appropriate sentence, refusal to submit to a chemical test must in every case be an aggravating factor.__In the following cases the following minimum penalties apply.

A.__In the case of a person having no previous convictions of a violation of subsection 1 within the previous 6-year period, the fine may not be less than $400.__If that person was adjudicated within the previous 6-year period for failure to comply with the duty to submit to and complete a blood-alcohol test under section 10702, subsection 1, the fine may not be less than $500.__A conviction under this paragraph must include a period of incarceration of not less than 48 hours, none of which may be suspended, when the person:

(1)__Was tested as having a blood-alcohol level of 0.15% or more;

(2)__Failed or refused to stop upon request or signal of an officer in uniform, pursuant to section 6953 or 10651, during the operation that resulted in prosecution for operating under the influence or with a blood-alcohol level of 0.08% or more; or