Inaccurate?

Drown

(Book of Vile Darkness)

Conjuration (Creation) [Evil]
Level: Sorcerer 3, Wizard 3,
Components: V,
Casting Time: 1 action
Range: Medium (100 ft. + 10 ft./level)
Target: One humanoid
Duration: Instantaneous
Saving Throw: Fortitude negates
Spell Resistance: Yes

The subject's lungs fill with water if the subject fails a Fortitude saving throw.
To avoid drowning, the subject can hold his breath (see The Drowning Rule in Chapter 3 of the DUNGEON MASTER's Guide).
The subject gains a new save (to expel the water) every 2 rounds after the first.
While holding his breath with water-filled lungs, a character cannot talk or cast spells with verbal components, and he takes a -2 circumstance penalty on attack rolls, saving throws, ability checks, and skill checks.

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