Drinkin On Board

Discussion in 'All Things Boats & Boating' started by Boston, Feb 5, 2010.

  1. Boston

    Boston Previous Member

    so as Im sitting here slurping down a pint Im thinking of that blessed day I first walk onto my retirement build beer in hand only to have some fool coast guard kid slide up along side and hand me a drunk driving ticket for something alcohol related

    so my question is
    what are the rules

    round these parts if your within a hundred feet of your car with a beer in hand thats drunk driving according to the Orificer :confused:

    so whats the deal with boats
    cause I plan on hoisting a few on board
    maybe :p
  2. capt vimes
    Joined: Apr 2009
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    capt vimes Senior Member

    as far as i know....
    there is no regulation at all... international sea right do not prohibit alcohol if we are talking recreational boating now - it is different for the profesional or commercial skippers...
    and there might be some national regulations but internationaly not a thing is reglemented...

    of course your insurance company will refuse any payment if you are found running your boat on a rock - or even worse: over some guy - while being under the influence of alcohol...

    here in my country you need to plug in the key to the ingnition of your car for getting busted... you don't have to start it - just prepare to start it...
    if you just sit in the car with the key in your pants - even if completely whacked - no offence done... ;)
  3. Boston

    Boston Previous Member

    not here
    you can get busted answering your front door if a cop knocks on it and your plastered and your within a hundred feet of your car
    keys or not

    lets say your having a party
    and folks are drinking
    anyone within that 100 foot limit is guilty of drunk driving
    they dont often use this law but they can and they do if you piss them off or if the guy is just a jerk
  4. troy2000
    Joined: Nov 2009
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    troy2000 Senior Member

    Obviously, no one has ever spent any time or money fighting that law, or it wouldn't stand. Otherwise, anyone in the state who has a drink in his own home is drinking and driving, because his car's in the garage or the driveway.

    In Oklahoma one time, one of my brothers left a bar and decided he was in no shape to drive. So he pulled into a Kmart parking lot, and went to sleep. He wound up getting arrested for drunk driving, maybe because his key was in the ignition. Or knowing Oklahoma policemen, maybe just because the officer felt like it.

    Lesson learned. From then on he kept driving, no matter how drunk he was or what a menace he was to other people. When I was working there it seemed to me that a lot of the day-to-day law enforcement in Oklahoma was like that: counterproductive, and liable to make people's behavior worse instead of better. For example, if you gave the keys to your girlfriend because you'd been drinking and she got stopped, you could still be arrested for being drunk in public. So what the hell: you might as well drive yourself...
  5. Boston

    Boston Previous Member

    how else are you going to get the car home ?
  6. Boston

    Boston Previous Member

    sooo whats the drinking and boating law

    my friends have a few boats and whenever we go out they always tell us to hide the beer whenever the parks guy comes buy
  7. mark775

    mark775 Guest

    In Alaska, the standard is reasonable access and proclivity, or some such wording. What it boils down to is if you are out and have the keys to your car in your pocket. Let's say you are attending la FĂȘte and have a bit of a scuffle. If your car keys are in your pocket and you, say, take a swing at a cop or a minister, expect to have "DUI" tacked onto your charges.
    We've got some bright ones here, Bos. Just the other day, some folks took their snow machines up the steepest hill climb imagineable (they call it "highmarking" to see how high up a snowy cliff they can get) and found their way onto a snowy lip. turns out that they were on a cornice in the middle of nowhere, with sure death awaiting them if they attempted to turn around. They called a helicopter service, which retreived them and their machines, and DUIs were waiting for them at the bottom. I guess that the answer is yes, they will bust your butt for drinking and driving a motorized vehicle. Oh...'nother story - Willie Flyum got a DUI here and before it was law that you spend jail time, the cops just took him home and had his wife pick up the car. He got so mad that he got on his tractor and started to work - and got a second DUI for that! In Alaska, at least, any motorized vehicle.
  8. Boston

    Boston Previous Member

    ya thats what it is here

    I can just see minding my own biz in the wheel house some morning sucking down a Bloody Mary and eating some breakfast only to have some cop come marching up with his ticket book out

    given that the Ketchikan to seatle area is were I want to start out in what your saying is up in Ketch I cant enjoy a cold on while aboard ?
  9. troy2000
    Joined: Nov 2009
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    troy2000 Senior Member

    In Ketchikan I don't know. I do know the law in California: there's no 'open container' law, and no specific law against drinking while operating a boat (that will probably change someday). There is a law against operating a boat under the influence, though. And you can be 'requested' to take a blood or breath test, with enhanced penalties if you refuse and get convicted anyway. So it probably isn't a good idea to wave a bottle around in view of any sort of law enforcement folks, if you've had a few.

    A blood alcohol content of .08% nails you automatically. A blood alcohol content of .05% can nail you if combined with other factors, such as negligent or reckless boat handling, slurred speech, poor coordination, etc.

    If you're convicted of operating a boat under the influence in California, you can have your driver's license suspended. But I don't think it's mandatory that they yank it.
  10. Tug
    Joined: Aug 2007
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    Tug Junior Member

    i took my pleasure boat operators license here in canada just after i walked out of an all afternoon beer lunch....i was pretty drunk...
    I passed with flying colours...i only got 1 question wrong...
    So i would assume now that i can operate a boat while drunk...
  11. RHough
    Joined: Nov 2005
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    Location: BC Summers / Nayarit Winters

    RHough Retro Dude

    Driving a Boat Under the Influence of Alcohol
    Boating while impaired is an offence under the Criminal Code of Canada.
    Operators with more than 80 milligrams of alcohol per 100 milliliters of blood are liable to the following fines :

    1st offence: at least $600 fine
    2nd offence: at least 14 days of imprisonment
    3rd offence: at least 90 days of imprisonment
    The maximum sentence may vary depending on provincial statutes.

    Consumption of Alcohol on Boats
    Alcohol may be consumed on board the pleasure craft if it meets all of the following conditions:

    The vessel has permanent sleeping facilities
    The vessel has permanent cooking facilities
    The vessel has a permanent toilet
    The vessel is anchored or secured alongside a dock

    So there you go ... no drinking underway.

  12. Itchy&Scratchy
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    Itchy&Scratchy Senior Member

    Never, ever drive a boat while drinking.......

    You might spill it!:D

  13. masalai
    Joined: Oct 2007
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    Location: cruising, Australia

    masalai masalai

    Except outside territorial borders, then pissed as a newt?

    As far as I know, in Australia, if the keys are not in it, and the sails are not up and trimmed, and the anchor is down (not necessarily fast? as "broken adrift" would lead to 'not proven beyond reasonable doubt'), - then you are not in control of a vehicle and therefore not DUI ... (ask the policeman to help and reset the anchor as it should be "parked" and one, "may not be fit") - I am not a lawyer but, 'may be a plausible relief'...

    "Within 100 ft of a vehicle with the keys in your pocket" - is like being charged with attempted **** if you had a condom in your pocket? or attempted murder for legally carrying a handgun - - - I would be inclined to leave that country quicker than Manie et al are exiting saffa land... NUCKIN FUTS????
  14. troy2000
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    troy2000 Senior Member

    Ummm, not the 'country.' The State of Colorado, if Boston has explained the law properly.

    I know that isn't California law--no way, no how. As a matter of fact, I've lived and worked in quite a few states, including Colorado, and never even heard of anyone getting arrested simply for being in the vicinity of a vehicle (not in it) with keys in his pocket. It seems to me they would need some sort of indication you had just been driving it, at least.

  15. hoytedow
    Joined: Sep 2009
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    hoytedow I'm not a cat.

    Colorado's territorial waters are rather limited.:p
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