PDA

View Full Version : Hey Boat Cop



SummerBreeze
02-18-2007, 07:09 PM
I was interested in a responce....
if while floating your boat with the motor off and your drinking (and for the most part drunk) can you get busted??
How about with the keys out floating (drunk) can you get busted?
ankored??

Boatcop
02-18-2007, 07:18 PM
I was interested in a responce....
if while floating your boat with the motor off and your drinking (and for the most part drunk) can you get busted??
How about with the keys out floating (drunk) can you get busted?
ankored??
The OUI laws apply to any boat UNDERWAY. Underway is defined as not moored, not anchored or aground. If no one is at the helm, everyone on board is looped and the boat is just drifting, it would be hard to prove who was "operating or in actual physical control". If for some reason, we had to make contact with such a boat, we'd probably tow them in to a safe mooring, with lawful orders not to operate the boat. (and then watch for the boat underway later)
Now, if there was only one person aboard, they would be in "actual physical control", and would be arrested.
A boat anchored is not "underway", so the charge couldn't be applied.