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Thread: Boat Cop Question

  1. #1
    Magnuman
    Just out of curiosity what are the laws governing Sailing- no auxilary engine- (Yes a Sailboat!) and being under the influence of alcohol?

  2. #2
    Boatcop
    Arizona OUI (BUI) laws only apply to motorized watercraft underway.
    California's apply to any vessel underway, vessels under sail alone included.

  3. #3
    acatitude
    very interesting , opens many options , lol

  4. #4
    seanv
    HMMMMM :idea: blown 31' cat twinsail.... :crossx:

  5. #5
    HCS
    So tow a sail boat along with you.

  6. #6
    Rocky
    Good, don't pull me over when im chugging a beer and sailing through the channel :crossx: :crossx:

  7. #7
    VanDeano
    Arizona OUI (BUI) laws only apply to motorized watercraft underway.
    California's apply to any vessel underway, vessels under sail alone included.
    So are you saying it is legal for the driver to drink in a motorized boat as long as it is not running? For an example, if im just anchor out in the water.

  8. #8
    Boatcop
    So are you saying it is legal for the driver to drink in a motorized boat as long as it is not running? For an example, if im just anchor out in the water.
    The key word is "UNDERWAY". Which means: Not Anchored, Moored, or Aground (Made fast to the shore)
    Engine running has nothing to do with it.

  9. #9
    Classic Daycruiser
    Arizona OUI (BUI) laws only apply to motorized watercraft underway.
    California's apply to any vessel underway, vessels under sail alone included.
    Would that include a rubber raft? Is there a length in which "vessel" is defined? Lets say a 10' rowboat, or a kayak, or surfboard?

  10. #10
    Boatcop
    Would that include a rubber raft? Is there a length in which "vessel" is defined? Lets say a 10' rowboat, or a kayak, or surfboard?
    Don't think a surfboard would would apply, but a rowboat, rubber raft, yes. Any thing that can transport persons or goods on the water. Here's the California definition:
    (aa) "Vessel" includes every description of watercraft used or
    capable of being used as a means of transportation on water, except
    either of the following:
    (1) A seaplane on the water.
    (2) A watercraft specifically designed to operate on a permanently
    fixed course, the movement of which is restricted to a fixed track
    or arm to which the watercraft is attached or by which the watercraft
    is controlled.
    The California Statute also applies the BUI laws to water skiing. Under the law, water skiing while impaired carries the same penalty as driving a boat while impaired.
    Here's the definition:
    bb) "Water skis, an aquaplane, or a similar device" includes all
    forms of water skiing, barefoot skiing, skiing on skim boards, knee
    boards, or other contrivances, parasailing, ski kiting, or any
    activity where a person is towed behind or alongside a boat.
    And the wording of the law:
    655. (a) No person shall use any vessel or manipulate water skis,
    an aquaplane, or a similar device in a reckless or negligent manner
    so as to endanger the life, limb, or property of any person. The
    department shall adopt regulations for the use of vessels, water
    skis, aquaplanes, or similar devices in a manner that will minimize
    the danger to life, limb, or property consistent with reasonable use
    of the equipment for the purpose for which it was designed.
    (b) No person shall operate any vessel or manipulate water skis,
    an aquaplane, or a similar device while under the influence of an
    alcoholic beverage, any drug, or the combined influence of an
    alcoholic beverage and any drug.
    (c) No person shall operate any recreational vessel or manipulate
    any water skis, aquaplane, or similar device if the person has an
    alcohol concentration of 0.08 percent or more in his or her blood.

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