DUI While at Anchor?

[Rustic Charm]

Originally Posted by Pelagic

Theoretical legal question.

If you found yourself embarrassed by an LEO inspection at anchor and you were obviously way over the limit..... could you claim that you consumed the alcohol for medicinal reasons?

You suffered a severely painful lower back muscle spasm and with no pain killers or muscle relaxant on board.....you had no choice but to use alcohol.

I actually had to do that once.

There's always a choice

[Delancey]

Riddle me this. BUI at anchor, so does that mean they're going to up anchor and tow your boat in when they take you to the pokey? What kind of anchor are we talking here anyway?

[northoceanbeach]

I have heard of someone getting a dui at anchor. I don't know if he won. You would think they could only give you the ticket if and when you drug anchor and then operated the boat.m pretty,sad all around though.

[Rustic Charm]

Originally Posted by northoceanbeach

I have heard of someone getting a dui at anchor. I don't know if he won. You would think they could only give you the ticket if and when you drug anchor and then operated the boat.m pretty,sad all around though.

Again, it depends on the legislation on where the offence has taken place. But over here, "NO" you don't have to 'up' anchor. If your in charge of the vessel and your drunk (under the influence) or over what ever the prescribed limit is, then you can be booked.

And to answer the question about whether they will tow your vessel in, well certainly over there the answer is 'yes', if there is no one suitable to operate it when they arrest the skipper, then yes they will either motor, sail or tow it in to port.

[timbenner]

Originally Posted by Jim Cate

For those citing the above fatality/injury statistics, how many such accidents involved anchored sailboats as the active participant? Using mobs of drunken small motor boat operators as an excuse for boarding and ticketing legally anchored yachts is pretty specious in my eyes.

The last time I looked at the CG accident statistics, sailboats, including boats under way, constituted a TINY fraction of the total. Extrapolating that to anchored yachts is beyond reality.

Jim

After all, how much trouble can you get in doing 5 to 7 knots? Of course in the anchored example "0" knots.

[Boatguy30]

FYI: anchoring is part of "navigation"

That actually the argument to prohibit the anchoring laws in FL. They are federal waters states can't regulate navigation.

Now if you're drunk and "navigating" (on federal waters)????

BTW. You carry an 80 pound anchor on a lagoon 38?

[timbenner]

Big difference between drunken speed boaters doing 40+ knots in crowded waters and anchored sailors drinking their 7th ounce of Crown Royal (assumed that will break the .08 legal limit) while they eat their steak, before going to bed.

I believe that the intent of the law was DRIVING While Intoxicated (DWI) or DRIVING Under the Influence (DUI), anchored in place is NOT DRIVING. The point here is how law enforcement wonders off from the intent of a law to reach farther and farther out to STEAL peoples rights and reach their goal of everyone in the USA having a criminal record for something. Thereby feeding their system with money.

Example: My daughter and her boyfriend got in a teenage slap/slap fight. No knives, no guns, no physical signs of abuse, just a slap from each of them. Police got involved, MY DAUGHTER TOLD THE COP THE TRUTH (her biggest mistake) then District Attorney and next they're pursuing and prosecuting domestic violence charges. I pursued a jury trial, thinking that if they called me to jury duty for this crap I would be livid (very pissed off) with a Prosecutor wasting time and money on petty crap like this. The Prosecutor settled for "fighting" versus Domestic Violence. I should have gone to trial. Years later my daughter was turned down for a day care job because of the "fighting" charge, which is much less severe than Domestic Violence.

Conclusion is - they won. They crapped on her record for a slap at her 6'-2" boy friend. Now they can hire more Prosecutors to pursue more criminal records for what was in my day, a NON-EVENT!!

BY THE WAY - My daughter is now happily married years later, with two young girls and works at her Church Day Care, in spite of the prosecution for the slap.

Sorry - I digress - but the story is on point.

[timbenner]

Originally Posted by Boatguy30

FYI: anchoring is part of "navigation"

That actually the argument to prohibit the anchoring laws in FL. They are federal waters states can't regulate navigation.

Now if you're drunk and "navigating" (on federal waters)????

BTW. You carry an 80 pound anchor on a lagoon 38?

I have 3 anchors. I over sized my plow at roughly 80 lbs (never put it on a scale), which is why I don't keep it on the bow. Never had it drag though.

[Rustic Charm]

Originally Posted by timbenner

Big difference between drunken speed boaters doing 40+ knots in crowded waters and anchored sailors drinking their 7th ounce of Crown Royal (assumed that will break the .08 legal limit) while they eat their steak, before going to bed.

I believe that the intent of the law was DRIVING While Intoxicated (DWI) or DRIVING Under the Influence (DUI), anchored in place is NOT DRIVING. The point here is how law enforcement wonders off from the intent of a law to reach farther and farther out to STEAL peoples rights and reach their goal of everyone in the USA having a criminal record for something. Thereby feeding their system with money.

Example: My daughter and her boyfriend got in a teenage slap/slap fight. No knives, no guns, no physical signs of abuse, just a slap from each of them. Police got involved, MY DAUGHTER TOLD THE COP THE TRUTH (her biggest mistake) then District Attorney and next they're pursuing and prosecuting domestic violence charges. I pursued a jury trial, thinking that if they called me to jury duty for this crap I would be livid (very pissed off) with a Prosecutor wasting time and money on petty crap like this. The Prosecutor settled for "fighting" versus Domestic Violence. I should have gone to trial. Years later my daughter was turned down for a day care job because of the "fighting" charge, which is much less severe than Domestic Violence.

Conclusion is - they won. They crapped on her record for a slap at her 6'-2" boy friend. Now they can hire more Prosecutors to pursue more criminal records for what was in my day, a NON-EVENT!!

BY THE WAY - My daughter is now happily married years later, with two young girls and works at her Church Day Care, in spite of the prosecution for the slap.

Sorry - I digress - but the story is on point.

I won't comment on your story, because it's your story, but to say it's nothing to do with this thread.

But your understanding of the legislators 'intent' is probably wrong. But, I'll admit it depends on the place.

As has been pointed out previously, you don't 'drive' a boat!
DUI and DWI is exactly the same thing. I suspect this would be everywhere, but happy to be shown otherwise.
And the legal requirement in most places that prohibit a person being a resposible operator on a boat, whether anchored or not, from being drunk is a sensible one. I for one don't want a pissed person in charge of a boat even at anchor.

[senormechanico]

Originally Posted by CarlF

I believe the only place you can get drunk without risking arrest is a private home.

But what if your home was on waterfront, got blown into the water from a tornado or other big wind, you would have to "operate" it to a safe place if you had a dinghy (which, living on water you probably had) and you had a glass of wine or other imbibement. Now you're BUSTED !!

Welcome to the world of the leftist sheeple ism.
It was bad enough when we were demanded to wear helmets when riding motorcycles. Now you had better wear your safety belt and flotation thingie. It's gettin' ridiculous.

Freedom is just a Generation Away. It's not Passed Down in the Genes.

This crap has gotta stop.

[Rustic Charm]

Originally Posted by senormechanico

But what if your home was on waterfront, got blown into the water from a tornado or other big wind, you would have to "operate" it to a safe place if you had a dinghy (which, living on water you probably had) and you had a glass of wine or other imbibement. Now you're BUSTED !!

Welcome to the world of the leftist sheeple ism.
It was bad enough when we were demanded to wear helmets when riding motorcycles. Now you had better wear your safety belt and flotation thingie. It's gettin' ridiculous.

Freedom is just a Generation Away. It's not Passed Down in the Genes.

This crap has gotta stop.

IN what western nation (or ones where liquor isn't prohibited) can you get busted for having a glass of wine?

The law in most places is to address bad and unsociable behaviour. What's wrong with that? How is it taking away your freedom?

If some drunk skipper ran into your anchored boat one night killed your crew/family or even seriously damaged your boat, would you want him prosecuted?

[Jason Flare]

Originally Posted by Rustic Charm

IN what western nation (or ones where liquor isn't prohibited) can you get busted for having a glass of wine?

The law in most places is to address bad and unsociable behaviour. What's wrong with that? How is it taking away your freedom?

If some drunk skipper ran into your anchored boat one night killed your crew/family or even seriously damaged your boat, would you want him prosecuted?

I would want him prosecuted, but I don't think we have to arrest all skippers anchored at .05 because of what might happen if their anchor were to drag.

[Rustic Charm]

Originally Posted by Jason Flare

I would want him prosecuted, but I don't think we have to arrest all skippers anchored at .05 because of what might happen if their anchor were to drag.

I'm presuming you mean 'over 0.05' alcohol volume?

I'm not conscious of anywhere other than Egypt and a few other places where drinking is prohibited, that you would get arrested just for having a drink. But you have to put a limit on the amount in someone's system. Otherwise you get people, like some on this forum, who claim they are more attentive when they have had a bottle of Rum than being stone sober.. And they are the ones who do have accidents statistically.

[Jason Flare]

Originally Posted by Rustic Charm

But you have to put a limit on the amount in someone's system.

The legal limit you posted earlier is .05.

Are you advocating that all skippers anchored with a blood alcohol level of .05 or greater be arrested for what might happen if their anchor dragged?

[Pelagic]

This circular discussion does not seem to recognize that police generally only investigate a boat, if they already suspect something.

Having that BUI law in their arsenal, allows them to take proactive action, if their concerns are validated by the attitude of the boater.

Bottom line, stay lo key and properly anchored, respectful of any LEO inquiry..... and 99.9% of the time....you will never have a problem.