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View Poll Results: Can you get a Boating Under the Influence while at anchor for the night?
Yes 10 26.32%
No 16 42.11%
Yes, but I'll get off after spending over $10,000 in legal fees. 4 10.53%
Just shoot me! 9 23.68%
Multiple Choice Poll. Voters: 38. You may not vote on this poll

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Old 01-03-2011, 13:31   #1
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Boating Under The Influence??

I recently saw a Florida Marine Patrol Officer walking down the dock at my marina and asked Her a question.

"If I'm ANCHORED in the IntraCoastal Waterway, out of the channel in a legal anchorage, engines OFF, done boating for the night, say after 6:00 PM, can I get a BUI (Boating Under the Influence)??"

Her Answer: "YES"

Her answer didn't surprise me, since you pass any law with one intent and the power hungry and ticket/court fee hungry Government will run with it. So does this mean that a Captain of a vessel can never drink past a .08 blood alcohol on his vessel??

How about tied up to a dock?? How about with the boat sitting on the hard, for God's sake??

I read a story in Soundings about a Live Aboard Gentlemen that got a DUI in his car and then sold the car. Some time later he was rowing his row boat, with NO engine, back to his boat and got his second DUI, or this time a BUI AND IS NOW SPENDING A YEAR IN JAIL.

A BUI in a row boat with NO engine? How about paddling a surf board? How about swimming drunk? Is there not a line that should be drawn somewhere?

I drink, maybe once every couple of weeks, but when I'm anchored for the night, after a long day of transit, a celebration is in order, before retiring for the night. Apparently that is now illegal.

With Governments struggling for more revenues, where ever they can find them, I understand that Government Agencies are sending their troops out to ticket, fine, cease, pilfer and/or arrest anything and every thing they can get their hands on, whether the charges stick or not. Because hey, even if your charges don't stick, they still get the Court Costs.

Is there an expert out there with advise regarding drinking while anchored for the night??

Should we start a revolution to get our freedom back and put an end to this crap??
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Old 01-03-2011, 13:49   #2
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Re: Boating Under The Influence??

Never ask a question, the answer to which you don't want to hear! That was a mistake.

There is a difference between what CAN happen, and what DOES happen. IF you are properly anchored, in a good, legal spot, AND are well lit, (I use TWO swinging anchor lights, 8' off the deck), you will be fine.

If you get "visited", and are SO drunk that they can tell by looking at you, then your being "anchored out" is not safe, even if you're NOT moving.

As long as you seem lucid and under control of things, there is nothing to worry about, they wont know. Don't give them a reason to test you.

There is so much more likely things to have on your mind. It is impossible to travel at all without breaking some local laws all along the way. There are hundreds of them, and they change from state to state. The best tack is to be aware of what is in front of you, and don't break any of the big, obvious laws. In other words, use common sense.

IMO, of coarse... M.
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Old 01-03-2011, 13:49   #3
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Re: Boating Under The Influence??

One of your actors today got arrested for public drunkeness whilst a passenger in a private car!!!!


http://backseatcuddler.com/2011/03/0...ic-drunkeness/


Crackers.
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Old 01-03-2011, 13:59   #4
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Re: Boating Under The Influence??

If my boat was anchored or berthed and was asked who was the operator, I'd say: "no one; I am just a caretaker." Just hope the judge, if not the officer, agrees.
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Old 01-03-2011, 14:08   #5
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Re: Boating Under The Influence??

This discussion was recently covered in another thread. This is not a venue where anyone can give legal advice; furthermore, the laws will vary from jurisdiction to jurisdiction. If you need to know, I would suggest that you seek advice from a lawyer familiar with the laws in your area of operation.

Brad
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Old 01-03-2011, 14:24   #6
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Re: Boating Under The Influence??

When you are a legal liveaboard on your boat. howcome you can be boarded by authorities when they don't have your permission or a court order?
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Old 01-03-2011, 14:28   #7
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Re: Boating Under The Influence??

Florida's laws seem to be very similar to the laws I posted for Washington state in the other thread.

How they're actually applied by the police could be different.

Florida Statutes:

Statutes & Constitution :View Statutes : Online Sunshine

(27) “Operate” means to be in charge of or in command of or in actual physical control of a vessel upon the waters of this state, or to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state.

Statutes & Constitution :View Statutes : Online Sunshine

(1)
A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:
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Old 01-03-2011, 14:30   #8
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Re: Boating Under The Influence??

With all the wrong's in the world you want to "start a revolution"
for the right to get drunk?
Funny thread.
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Old 01-03-2011, 14:45   #9
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Re: Boating Under The Influence??

I would bet that the same rules would apply like sleeping in your car while intoxicated. Keys in the ignition, DUI , no keys in the ignition, no DUI.
It's the deal of what they can get away with.Just like my daughter got a ticket for driving a car barefooted, No such law exists for driving a car driver. They wrote the ticket using a law pertaing to motorcycle operators. She beat the ticket just by asking to see the non existing ordinance.
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Old 01-03-2011, 14:50   #10
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Re: Boating Under The Influence??

Looks like Cal40John settled it,,vessel underway
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Old 01-03-2011, 14:56   #11
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Re: Boating Under The Influence??

If you're anchored and your anchor dragged, or you had to bail out because of a wind shift, you'd need to get underway. That's the general reason.
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Old 01-03-2011, 15:00   #12
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Re: Boating Under The Influence??

Quote:
Originally Posted by Unicorn Dreams View Post
Looks like Cal40John settled it,,vessel underway
underway seems to be the prevelant requirement in most states...tho I haven't read them all.

no offense to le types out there..but the cop on the beat can be hit or miss whether they actually know the law. when in the uscg...most people I dealt with including many boarding officers weren't really clear on the vast majority of laws. they would be sent out to enforce certain laws at certain times and would brush up just prior to patrol or would have to call in for a reading on a huge number of out of the ordinary boardings.

to the poster who wonders why le types can board a vesel at any time when it is a domicile...because the law says they can because the domocile is capable of evading le. the fine print does give specific requirements what can be enforced and controls the limits of search and seizure very closely.
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Old 01-03-2011, 15:05   #13
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Re: Boating Under The Influence??

So if you drag, and turn on a red over red light.......does this not make you the non operator of the vessel
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Old 01-03-2011, 15:26   #14
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Re: Boating Under The Influence??

here in Ontario Canada.........if you are anchored and have bathroom and cooking facilities, you can party on,
this is because it becomes your residence (and yes it can be a BBQ and a porta potty)..........just keep the noise down and have all the safety gear that is required. you dont need the attention

keep in mind they always find something that isnt right.
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Old 01-03-2011, 15:42   #15
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Re: Boating Under The Influence??

Quote:
Originally Posted by rebel heart View Post
If you're anchored and your anchor dragged, or you had to bail out because of a wind shift, you'd need to get underway. That's the general reason.
No. That is like reasoning God exists because we have morals. One does not require the other, and the presence of one does not insure the quality of the other. It is legal to leave a properly anchored boat unattended or to be asleep. There is no requirement to maintain a watch. I don't have to do anything if it drifts and a sensible drunk could simply allow the situation to unfold.
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