(a) It is unlawful for any person while under the influence of an intoxicating liquor or controlled substance included in Schedules I through V of Title 19, section 595, VIC, to operate or be in actual physical control of a motor boat or vessel in the territorial waters of the Virgin Islands.
(b) Any person who operates a motorboat or vessel in the territorial waters of the Virgin Islands shall be deemed to have given consent to a test of his breath, blood, urine, or saliva for the purpose of determining the alcohol content of his blood; provided, that such testing is incidental to a lawful arrest and is administered by or at the direction of an enforcement officer of the Department of Planning and Natural Resources, a peace officer of the Virgin Islands or a Virgin Islands police officer who has reason to believe that a person is in violation of subsection (a) or of section 297 of this title.
(c) A person arrested under this section or section 297 shall be informed, prior to being offered a test or tests under subsection (b) of this section that a refusal to submit to the tests may be used as evidence against him.
(d) Any person who is unconscious or otherwise in a condition rendering him incapable of refusing to take the test or tests required by this section shall be deemed not to have withdrawn his consent and such test or tests may be administered whether or not the person is informed as specified in subsection (c) of this section.
(e) The officer making the arrest shall determine which test shall be administered and, if the officer determines that more than one test is required to accurately measure the alcoholic or drug content of a person's blood, additional tests, as specified by the officer, shall be administered.
(f) No person, except a physician, registered professional nurse or laboratory technician acting at the request of a peace officer shall withdraw blood for the purpose of determining the alcoholic or drug content of a person's blood. A police officer or enforcement officer of the Department of Planning and Natural Resources may administer a breath, urine or saliva test.
(g) No physician, registered professional nurse, or laboratory technician, or hospital or other employer employing such physician, registered professional nurse or laboratory technician shall be sued or held liable for any act done or omitted in the usual course of withdrawing blood at the request of any peace officer pursuant to this section; provided, that the foregoing immunity does not apply to acts or omissions constituting gross, willful or wanton negligence.
(h) The testimony of a registered professional nurse or laboratory technician to any such withdrawal of blood made by him may be received in evidence with the same weight, force and effect as if such withdrawal of blood were made by a physician.
(i) Upon request of the person who submits to a test or tests under this section, the results of the tests shall be made available to the person or the person's attorney.
(j) Upon the trial of any criminal action, or preliminary proceeding in a criminal action, arising out of acts alleged to have been committed by any person in violation of subsection (a) of this section or section 297 while under the influence of an intoxicating liquor or controlled substance, the results of any test or tests administered in accordance with this section shall be admissible into evidence when otherwise admissible. The amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's breath, blood or urine, shall give rise to the following presumptions:
(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of an intoxicating liquor.
(2) If there was at the time in excess of 0.05 percent, but less than 0.08 percent by weight of alcohol in the person's blood, that fact shall not give rise to any presumption that the person was or was not under the influence of an intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of an intoxicating liquor at the time of the alleged violation.
(3) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood, that fact shall be prima facie evidence that the person was intoxicated.
(k) The provisions of subsection (j) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of an intoxicating liquor or a controlled substance.