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Old 21-06-2012, 16:09   #1
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BUI at anchor... experiences?

Ok,

So, we know that being 'at anchor' is to be "engaged in navigation"... it does not seem like it but the anchoring debates have pretty well established it to be so.

While operating a vessel does not require any type of license (in most states / countries) it is also true that in the US one can receive a BUI/DUI citation for operating under the influence of ETOH.

So, while it is technically possible to receive such a citation while at anchor, has anyone here had direct experience / or know of such a situation? Of course there was that terrible case in California where the drunken cop rammed the sailboat while drunk, and the Sailor got charged because he was in the cockpit at the time... anyone else know of a case?
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Old 22-06-2012, 18:16   #2
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Re: BUI at anchor... experiences?

Not sure why this is posted here

but I have 2 friends that received BUI's Memorial day weekend while they were floating down the Chattahoochee River on inner tubes, yes you read that right. No motor, no paddles, no form of propulsion, just floating on inner tubes. They were charged, booked, spent the night in jail, and had to be bonded out the next morning. There were about 10 floaters in the group. They rest were charged with not having on a life preserver and fined. They have a court date coming up and their lawyers do not know if they can get them out of the charges. Don't we live in such a great state (Ga) in such a great country that allows it's citizens to be treated this way.
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Old 26-06-2012, 14:23   #3
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Re: BUI at anchor... experiences?

We always anchor or pick up a mooring. We never consume alcohol while under way but usually have a sundowner before dinner without incident.

We recently observed a case where several boats were anchored near the shore of a federal park in Florida. The occupants were partying and obviously impared. The Park Ranger called the FWC who approached the party and started issuing tickets.
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Old 26-06-2012, 18:20   #4
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Re: BUI at anchor... experiences?

Are you still convinced you're free!, Im flabbergasted
Dave
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Old 26-06-2012, 18:28   #5
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Re: BUI at anchor... experiences?

Quote:
Originally Posted by goboatingnow View Post
Are you still convinced you're free!, Im flabbergasted
Dave
Well,

Here is the rub. I WANT that go-fast boat driven by the drunk to be shut down and the guy locked up. I do not see that a sailboat at anchor falls into that same slot... but there seems to be a disconnect in the eyes of the law in the application of common sense....

... Since this is a 'seems to be' issue, I thought I would poll the gallery to see what experiences folks have had.

Thanks,
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Old 26-06-2012, 18:40   #6
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Re: BUI at anchor... experiences?

I would not accept those citations unless the kids have been misbehaving while floating the tubes. I would not even accept it when they would tell me that it is the law and judges agree with that. Which means I'd leave, move, get away from that madness. Being put in jail for floating a tube while having a drink...

cheers,
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Old 26-06-2012, 18:44   #7
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Re: BUI at anchor... experiences?

Quote:
Originally Posted by s/v 'Faith' View Post
Well,

Here is the rub. I WANT that go-fast boat driven by the drunk to be shut down and the guy locked up. I do not see that a sailboat at anchor falls into that same slot... but there seems to be a disconnect in the eyes of the law in the application of common sense....

... Since this is a 'seems to be' issue, I thought I would poll the gallery to see what experiences folks have had.

Thanks,
Faith--- Of course nobody wants a boat under the control of anyone who is using alcohol or drugs. But while at anchor and there is no excuse for drugs while anchored or otherwise.
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Old 26-06-2012, 18:46   #8
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Re: BUI at anchor... experiences?

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Faith--- Of course nobody wants a boat under the control of anyone who is using alcohol or drugs. But while at anchor and there is no excuse for drugs while anchored or otherwise.
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Old 26-06-2012, 18:53   #9
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Re: BUI at anchor... experiences?

Quote:
But while at anchor and there is no excuse for drugs while anchored or otherwise.
I agree, ban smoking at anchor thats what I say . Right on.
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Old 26-06-2012, 19:15   #10
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Re: BUI at anchor... experiences?

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Originally Posted by goboatingnow View Post
I agree, ban smoking at anchor thats what I say . Right on.
Not so sure I'd interpret drugs as smoking? Unless of course you meant stuff other than tobacco?

I dont understand How you could be allowed to swim across the calossahatchee river with no flotation device but god forbid you tube down it without one? Glad I dont live in GA, We float down the suwannee and rainbow and other rivers without any issues from the authorities.

As for citations issued for people partying at anchor I bet it was for other issues than drinking. Once they are driving that would be a different story.
I see hundreds of drunkards out at the islands all the time, and never one issued a ticket while anchored. The really drunk ones wait until dark before going back in. They must know the FWC doesnt patrol at night
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Old 26-06-2012, 19:30   #11
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Re: BUI at anchor... experiences?

Ever watched the TV shows about water cops?

There are certain laws that require a REACTION to take place before the ACTION for the law to have any affect, depending entirely on the reaction, not the action.

party on.
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Old 26-06-2012, 19:41   #12
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Re: BUI at anchor... experiences?

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Originally Posted by callmecrazy View Post
Ever watched the TV shows about water cops?

There are certain laws that require a REACTION to take place before the ACTION for the law to have any affect, depending entirely on the reaction, not the action.

party on.
No, I do not watch much television, but I suspect that is largly the case...

... the rowdy drunken crowd on the beach with boats at anchor waiting to go back to the boat ramp would seem to be a better target then someone having a glass of wine while watching the sun set...

... thanks all for the input.
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Old 26-06-2012, 19:53   #13
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Re: BUI at anchor... experiences?

Quote:
Originally Posted by s/v 'Faith' View Post
No, I do not watch much television, but I suspect that is largly the case...

... the rowdy drunken crowd on the beach with boats at anchor waiting to go back to the boat ramp would seem to be a better target then someone having a glass of wine while watching the sun set...

... thanks all for the input.
I haven't watched TV in 2 years, but I suspect it's about the same...

The problem with laws is they are only enforceable by the enforcee... So, in a place that is tranquil and serene, a little "party" at anchor might be completely out of line.

But, in a place where partying is the norm, it might take a drunken collision before the law is enforced.

on the normal side of things, having a few beers, or glasses of wine, at anchor in a proper anchorage, is not going to draw much attention. If the law happens to stop by, offer them a drink.

Technically speaking (As far as I know), at anchor is indeed considered "underway" and BUI is the same as a moving veseel (in the US).
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Old 26-06-2012, 20:00   #14
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Re: BUI at anchor... experiences?

In North Carolina, BUI is not connected to your automobile drivers license. We have lots of water police where I am, have been stopped many times. However, at anchor they tend to leave you alone unless you are causing a problem.

Know a guy who just got a BUI. He spent the night in the pokey. Refused the breathalyzer.
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Old 26-06-2012, 20:30   #15
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Re: BUI at anchor... experiences?

Quote:
Originally Posted by callmecrazy View Post
Technically speaking (As far as I know), at anchor is indeed considered "underway" and BUI is the same as a moving veseel (in the US).

Appears that both federal and at least 2 states BUI only applies while operating a vessel underway. Unless statutes give their own definition, the one in the dictionary applies:

3. Nautical Neither anchored nor moored to a fixed object.



Here's what I looked up earlier for another thread found here:
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:

From another thread:
BUI Rules on a Charter

Definition of operating a vessel in the c.f.r. (federal law)

From:

Justia :: 33 C.F.R. PART 95—OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG -- US Laws, Codes, Statutes & Cases -- Justia
§ 95.015 Operating a vessel.

top
For purposes of this part, an individual is considered to be operating a vessel when:
(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.
(b) The individual is a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.


Definition in Washington State is essentially the same

From:

Washington Boating License and Boat Safety Course - Glossary

OPERATETo steer, direct, or otherwise have physical control of a vessel that is underway
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