Booze in your boat?

[78DiMarco]

Boatcop, what is the law about having alcohol in a moving boat? Assuming the operator is sober and not drinking can a passenger have an open beer?
I would guess it is the same as a car but someone asked me the question and I would like to know the real truth.
Does the size of the boat have factor on the law? Like a houseboat compared to a cruiser where the houseboat may have a galley and is away from the operator.
Thanks

[UtlGoa]

You can have open containers in the boat. The driver can even be drinking, but if your stopped and the driver is over .08 your busted. It does not matter what type of boat your in. I love getting that question when I'm on boat patrol.

[Boatcop]

Correct answer. Although some lakes are No-Alcohol. (Castaic?-City Beach Portions of Elsinore)
Check local regs. All the Colorado River Lakes allow alcohol on board, but the National Parks (Mead/Mohave/Powell) are researching and considering making alcohol illegal on boats.

[78DiMarco]

Nice to have an honest answer that you can trust. Thanks for the replies. I think there are a few people out there that wonder what the law states. :D

[PlayTime]

Thanks for the info, I didn't know that there could be open containers any where near the driver. Does anybody know if this applies to Lake Havasu?

[syke-o]

PlayTime:
Thanks for the info, I didn't know that there could be open containers any where near the driver. Does anybody know if this applies to Lake Havasu? what do you mean you dont know, you've been to havasu every summer for the last 5-6 years :confused: :confused:

[Mandelon]

You can drink, just can't get drunk. cry

[DUCKY]

I think a fairly "vocal" member of this forum got busted in Parker for OUI and didn't even blow a .08!

[UtlGoa]

Hey boat cop?
You guys get any knew boats for the south part of the river? I ran into two of your guys last summer and they were driving a yamaha. They were not to impressed with it. We got a new thunder jet, the thing is pretty sweet. It's not going to win any speed contests, but when you have a radio, who needs speed :p

[24RODjr]

True that the driver can have one hand on a silver and one hand on the wheel on a lot of lakes and rivers, but IMHO, just gives them another reason to pull you over.
Save the beer for when the Bikini Tops, and engines are off :D :D :D

[24RODjr]

That's REEEEEEDICULOUS!!

[bear down]

To be legally drunk you need to blow a .08 % BAC but the officer can make a judgement call whether the driver is "impared" or able to drive the vessel. It makes it easier to arrest an idividual but harder to convict him in court. It Does not matter wheter you have a .08 % or not if you act drunk, smell drunk you probably are drunk regardless of the amount of alcohol.

[Boatcop]

People can and are arrested for being impaired, with the AC below .08%.
Usually it's because they have low tolerance to alcohol (a cheap date), or are impaired by other things. Drugs (illegal, prescribed, or OTC) or a combination of them and alcohol. When we have reason to believe that someone is impaired by something other than alcohol, we call in a drug recognition examiner who can determine what drug they're on, by a number of physical reactions.
A blood or urine test will then be taken to confirm the DRE's evaluation. (Yes, we get warrants for these if required)
Tales have and will be told, but we have not charged ANYONE, who has blown below .08% on the certified intoxilyzer. Unless there is clear evidence of drug use.
http://www.planetsmilies.com/smilies/avatars/farmerdan/farmerdan07.gif http://www.planetsmilies.com/smilies/fighting/fighting13.gif
Beat that horse!
UtlGoa,
We got two 20', Optimax powered SeaDoo Challengers for the lower river. The main complaint was that the boats porpised excessively. Adjustments on the cav plate cured that problem.
[ January 28, 2003, 03:44 PM: Message edited by: Boatcop ]

[syke-o]

i blew a .06 one time and my friend blew a .09....he went to jail and i went back to crazy horse....

[PlayTime]

Hey syke-o is this the same friend you left at the river on a diffrent trip. wink

[Chaddyshack]

Hey Al,
Isn't there a fudge factor of .01 with the PAS devices???
That is what our traffic deputies are trained. Usually if its on the wire, the field sobriety test combined with the BAC read is probable cause for the arrest and a good case in court, if not for DUI, but for a "soft" reckless driving.
My .02

[syke-o]

well actually yes...

[Boatcop]

The "PAS" (Portable Alcohol Sensor) or PBT (Preliminary Breath Tester) as we call it in AZ, is simply used as another Field Sobriety Test.
It confirms the Officer's conclusion that alcohol is involved. +/- .015 is common, but they usually read low. The numerical results of the PBT cannot be used in trial, the only reference to the test is that it confirmed the presence of alcohol.
It's the results of the certified intoxilyzer that determines the actual BAC. We're required to give 2 tests, at least 15 minutes apart and within .02 of each other to have the results admissible. This takes any variances in machine reading, strength of suspect's blow, etc. into account.
But then again, the intoxilyzer is only another tool. We can and do get convictions based on Officer observations alone. That usually happens when a suspect refuses the test, or the results get tossed on a technicality.
I personally think that PBTs are used a little too much, and don't actually carry one myself. If I can't rely on my own observations, training, and experience to gain a conviction, then a little box isn't going to help.
After all, we got as many drunks of the water (and the road) before we had them. And no matter what happens in court, win, lose or draw, getting them off the water is the main objective.
If the mere fact that we're out there keeps sober drivers behind the wheel, then it makes my job that much easier. I'd rather go through a whole summer with no OUI arrests and a safe season, then to have it like last year, with 50+ arrrests and 6 drunk boating deaths.

[JetBoatRich]

Thanks Alan wink

[NEW 2 RIVER]

Could someone please recap this for me I just want to be sure I am under the right impression.You can drink while driving a boat? :confused:
I seriously never knew this.Nor would I do it.But just curious.

[77charger]

NEW 2 RIVER:
Could someone please recap this for me I just want to be sure I am under the right impression.You can drink while driving a boat? :confused:
I seriously never knew this.Nor would I do it.But just curious. Yes you can just dont exceed the .08 level!And check your local laws (some lakes dont allow alcohol)ex perris,castaic,etc
77(has learned the hardway)charger wink

[JetBoatRich]

Straight to the point 77Charger

[NEW 2 RIVER]

Thanks 77 Charger.
Is that law the same in az(havasu,river)?
anyone know?

[77charger]

havasu river alcohol is allowed on boats.But boatcop stated that it will be under review in the national parks(powell,mead,mohave)
77(has been studying)charger

[PUMP 'HER']

By the way what is the spanking like for just carrying alchohol on the boat at say, Perris? Most of my buddies think it is just unheard of to go on the boat and not bring beer. I agree, makes for good times but I never drink if there is even a chance of having to drive the boat. As RD said someone needs to be sober if something should happen and I want to be that one. Its a bummer not getting to drink but I get over it.

[Wet Dream]

Just thought I'd lurk on your side of the country... :)
We have a few lakes out here that are operated by the A.C.E. (Army Corps of Engineers). Alcohol is not permitted on these lakes. However, patrolled by Pennsylvania Fish and Boat commission, these guys don't bother you unless they suspect you are WAAAAY over the limit. The most they do is confiscate your alcohol. They walk the beaches and campgrounds, and if they find you with a beer, they'll ask you to dump it out. They're pretty cool out here. I was returning to the beach at camp after goofing off in the jet and the officers were more interrested in the boat than anything else. Beer in hand seems to be common denominator our lakes. :D

[Wet Dream]

RiverDave:
Your on the wrong side of town boy..
Don't get caught around here after dark. :D
RD [/QB][/QUOTE]
Those are my old stomping grounds. My turf bro. :D I'm originally from that side, just happen to be a victim of transplantation. Is that a word?? LMAO. If not, IT IS NOW!

[Wet Dream]

Something like that, but I'm sworn to secrecy.

[Sandbar Mike]

Alan,
I got a BUI in 1995 while driving my friends boat out of copper canyon. Reason for my driving was my friend was wasted. When they got me on the patrol boat and tested me, they asked my buddy if he was OK to drive the boat back, he replied yes and off he went with no other questions.
I'm sure things have changed since then but it still bugs me.
Maybe because it was San Bernadino Sherrif :D
Overall it was a learning experiance,