(a) Refusals. If the person refuses to submit to an evidentiary test it shall not be given, but the refusal may be introduced as evidence in a criminal proceeding. If the person is charged with a violation of this subchapter, the court at the arraignment or as soon thereafter as is practicable shall hold a summary hearing, and take evidence relating to the reasonableness of the officer's belief that the defendant was operating, attempting to operate, or in actual physical control of a vessel on the waters of this State while under the influence of alcohol or other drugs, or both.

(b) Penalty; first refusal. Upon a finding by the court that the officer had reasonable grounds to believe that the defendant was so operating, attempting to operate, or in actual physical control of a vessel on the waters of this State, the court shall impose a civil penalty of not more than $750.00. In addition, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended for a period of one year and until the person complies with section 1209a of this title.

(c) Second occurrence after five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection (a) of this section, if the second offense occurs more than five years after the date of the first offense for which a refusal was given, the court shall impose the same penalty and suspension as for a first refusal under this section.

(d) Second occurrence within five years. Upon a second refusal to submit to testing and upon a finding by the court under subsection (a) of this section, if the offense occurred within five years of the date of the offense for which there was a first refusal by that person, and upon final determination of an appeal, the court shall impose a civil penalty of not more than $1,000.00. In addition, the person's privilege to operate a vessel, except a nonmotorized canoe and a nonmotorized rowboat, on the waters of this State shall be suspended for a period of two years and until the person complies with section 1209a of this title. (Added 1989, No. 65, § 14; amended 2017, No. 83, § 161(4).)