577.013.  Boating while intoxicated — sentencing restrictions. — 1.  A person commits the offense of boating while intoxicated if he or she operates a vessel while in an intoxicated condition.

  2.  The offense of boating while intoxicated is:

  (1)  A class B misdemeanor;

  (2)  A class A misdemeanor if:

  (a)  The defendant is a prior boating offender; or

  (b)  A person less than seventeen years of age is present in the vessel;

  (3)  A class E felony if:

  (a)  The defendant is a persistent boating offender; or

  (b)  While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to another person;

  (4)  A class D felony if:

  (a)  The defendant is an aggravated boating offender;

  (b)  While boating while intoxicated, the defendant acts with criminal negligence to cause physical injury to a law enforcement officer or emergency personnel; or

  (c)  While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to another person;

  (5)  A class C felony if:

  (a)  The defendant is a chronic boating offender;

  (b)  While boating while intoxicated, the defendant acts with criminal negligence to cause serious physical injury to a law enforcement officer or emergency personnel; or

  (c)  While boating while intoxicated, the defendant acts with criminal negligence to cause the death of another person;

  (6)  A class B felony if:

  (a)  The defendant is a habitual boating offender; or

  (b)  While boating while intoxicated, the defendant acts with criminal negligence to cause the death of a law enforcement officer or emergency personnel;

  (7)  A class A felony if the defendant is a habitual offender as a result of being found guilty of an act described under paragraph (d) of subdivision (12) of section 577.001 and is found guilty of a subsequent violation of such paragraph.

  3.  Notwithstanding the provisions of subsection 2 of this section, a person found guilty of the offense of boating while intoxicated as a first offense shall not be granted a suspended imposition of sentence:

  (1)  Unless such person shall be placed on probation for a minimum of two years; or

  (2)  In a circuit where a DWI court or docket created under section 478.007 or other court-ordered treatment program is available, and where the offense was committed with fifteen-hundredths of one percent or more by weight of alcohol in such person's blood, unless the individual participates in and successfully completes a program under such DWI court or docket or other court-ordered treatment program.

  4.  If a person is found guilty of a second or subsequent offense of boating while intoxicated, the court may order the person to submit to a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day as a condition of probation.

  5.  If a person is not granted a suspended imposition of sentence for the reasons described in subsection 3 of this section:

  (1)  If the individual operated the vessel with fifteen-hundredths to twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than forty-eight hours;

  (2)  If the individual operated the vessel with greater than twenty-hundredths of one percent by weight of alcohol in such person's blood, the required term of imprisonment shall be not less than five days.

  6.  A person found guilty of the offense of boating while intoxicated:

  (1)  As a prior boating offender, persistent boating offender, aggravated boating offender, chronic boating offender or habitual boating offender shall not be granted a suspended imposition of sentence or be sentenced to pay a fine in lieu of a term of imprisonment, section 557.011 to the contrary notwithstanding;

  (2)  As a prior boating offender shall not be granted parole or probation until he or she has served a minimum of ten days imprisonment:

  (a)  Unless as a condition of such parole or probation such person performs at least two hundred forty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

  (b)  The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

  (3)  As a persistent offender shall not be eligible for parole or probation until he or she has served a minimum of thirty days imprisonment:

  (a)  Unless as a condition of such parole or probation such person performs at least four hundred eighty hours of community service under the supervision of the court in those jurisdictions which have a recognized program for community service; or

  (b)  The offender participates in and successfully completes a program established under section 478.007 or other court-ordered treatment program, if available;

  (4)  As an aggravated boating offender shall not be eligible for parole or probation until he or she has served a minimum of sixty days imprisonment;

  (5)  As a chronic or habitual boating offender shall not be eligible for parole or probation until he or she has served a minimum of two years imprisonment; and

  (6)  Any probation or parole granted under this subsection may include a period of continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day.