Maritime Law

[Eric]

LV, if you want to post your question on Boatcops message board here it is:
http://disc.server.com/Indices/163246.html
Eric

[LVjetboy]

Thanks Eric,
Interesting link, I'll have to check that out...
jer

[LVjetboy]

Just read all the posts on BoatCop's board. Some good stuff, although Ed's posts seemed a little anal to me. Sorry Ed, couldn't help it. All those laws and a** kissing was getting me down.
No more than 82 db and splitting hairs about drifting vs mooring and such, so what if you're on the AZ/UT or NV/AZ border?? Then who's rules apply? Guess it comes to who the judge believes (we all know that answer)...or being in the wrong place at the wrong time. And who was the bureacratic genius who decided KN filters above a tunnel ram in an open engine compartment were a threat to safety? Sorry guys, had to vent a little.
But BoatCop seems a good resource for keeping us out of trouble. I do give Alan credit for being involved and taking the time to answer our questions...
jer

[572Daytona]

The open engine compartment distinction is one that I don't think most law officers out here understand, you don't see many boats out here with an open engine compartment. I've been asked about my fire extinguisher every time that I am stopped. But since neither my engine nor my fuel tanks are enclosed I technically shouldn't need one from the regulations that I have seen. But again it is much easier to have one than try to explain why you don't need one. I've found that any other response than "Yes Sir" or "No Sir" gets you tagged as having a bad attitude.

[riverlover]

Here is a top 10 list of tips when involved in a DUI or BUI. Keep in mind this is a California DUI tip list. Some of it may apply to other states and may apply to BUI. Boat cop may want to chime in with boating laws. I'm not sure how it all breaks down due to not being licensed for boats?
1. When questioned for DUI or drunk driving before arrest, you are not in custody for purposes of Miranda warnings. If you politely refuse to answer any of the cop's questions concerning the DUI / DWI investigation, either before or after arrest, then there won't be any statements that can be used against you in court.
2. Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the cop evidence that will be used against you in court. You can politely refuse to do the field sobriety exercises.
3. If you are older than 21, refuse to take a preliminary alcohol screening test. This on scene breath test is completely voluntary and you have the absolute right to refuse this type of breath test.
4. When given a choice of a blood or breath test after arrest, choose the breath test if at all possible. It is more unreliable than blood.
5. If no breath test is available, choose a blood test. While you can refuse a chemical test, the DMV penalties are greater for refusing.
6. Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.
7. Always be polite and respectful to the police officers. How you are perceived by a jury is extremely critical.
8. Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.
9. Make a detailed list of all the events before being stopped up to and including being released from custody.
10. Retain an experienced DUI / DWI drunk driving defense attorney to represent you. Only an experienced DUI defense attorney is able to spot your favorable issues and present them to a prosecutor, judge or jury.

[GOT WATER ??]

The #1 way to avoid DUI, BUI.
DON'T DRINK AND DRIVE!!!!!!!!!!!!!!!!!!!!!!!
I am not better than anyone on this board or anywhere else.
I did quit drinking about 10 years ago. That was my choice. You have to make your own. But if you drink and drive you not only put yourself at risk, You put everyone around you at risk also.
Kelly
[This message has been edited by GOT WATER ?? (edited September 08, 2001).]

[riverlover]

Kelly you are so right! I've been going to one place or another at the river for my entire life and drinking, driving, getting loose will never stop. When I've had a few on the river (sandbar) the boat doesn't move until I am certain I am not BUI.
RL

[LVjetboy]

Got water, no doubt about that. Don’t drink and drive IS the best way not to get a BUI period. I was just wondering how I could avoid getting a ticket when I do drink and drive a boat.
Riverlover, do you have one of those personal breath testers? I wonder how accurate they are…? what’s the chance of the cops measuring higher…then you’re screwed? Also there’s the little issue of rising blood alcohol levels even after you have your last drink. All things to consider with stricter BAC levels that can ruin your life, even if you are boating safely. Personally, my favorite way to boat safely is to boat on weekdays, and choose lakes away from crowds, beginner boaters and kamakazi PWC’s.
BTW, in case someone missed BoatCops response to my questions (on the other site), to paraphrase he said cops can board or test you as long as they have evidence of impairment…a subjective call on the cops part. On the border question, he said that depends on which state’s officer stops you, so be prepared to meet the stricter of the two state laws if the lake is bordered by two states.
jer
[This message has been edited by LVjetboy (edited September 09, 2001).]

[Bubbledeck2]

LV I have one of those personal breath testers but have never used it, and have always wondered how accurate it would be.
You're right about the rising alcohol levels. My g/f had 3 drinks and got a DUI. After she was stopped, questioned, did the roadside song and dance she blew a .08. Downtown for the official test she blew .11. She had a shot of Cuervo right before she left the bar and was stopped about 5 minutes later.

[HBjet]

From my own experience, NEVER take the road side breath test. NEVER tell the arresting officer anything. If you think you may be very close to the limit by the time you have to take the breath test at the station, and you feel like you have to tell the arresting officer something, tell them you just pounded a beer 5 minutes ago (no matter how silly that may sound) You will go to the station and lets say you blow around .08-.10 you then get your DUI lawyer and to prove that since you blew a .09 (lets say) at the station, and about 45min. to an hour earlier when you were arrested, you stated you just pounded a beer. Since alcohol takes some time to raise you BAC, at the time of arrest, you BAC would be around .05-.06 and that is under the limit. When actually your Alcohol lever was higher at the time of arrest, and the 45min to an hour it came down. The roadside breath test can't not be used against you in court, but is can be used as a point of reference.
HBjet