400: Live aboard at anchor drinking?

[Ballsnall]

Originally Posted by Sojourner

Wow guys, come over here to the Med. We're all tipsy most of the time l

Admirable, but doesn't make it right.

[Ballsnall]

Originally Posted by fxykty

But let’s be real, especially when you are live aboard - having a drink while underway or at anchor is not a practical problem.

I would have to disagree, after having run aground, been man overboard, (numerous times), inappropriate use of firearms, careless handling of explosives etc, it is a very practical problem.

But we are discussing legalities not practicalities.

[Anders]

No idea what the laws are in the Med but the prisons would very full if they started to enforce any no drinking at anchor laws.
I've never been boarded at anchor or underway and I don't expect that to happen.

[JC Reefer]

Originally Posted by Ballsnall

I would have to disagree, after having run aground, been man overboard, (numerous times), inappropriate use of firearms, careless handling of explosives etc, it is a very practical problem.



But we are discussing legalities not practicalities.

If you mean to say that you’ve run aground, been man overboard, (numerous times), inappropriately used firearms and carelessly handled explosives then you the exception.

I don’t think it will matter anchored, underway or whatever. Someone will (and should) inspect you. Alcohol isn’t even on the radar though.

I don’t even want to know what “etc” covers…

[OldManMirage]

So many different situations to consider. Certainly there are times when you need all your wits about you. And there are times when you can "let your hair down and cut loose." Your own tolerance level and your moral stance will dictate these. I won't judge you you for being a "tee-totaler" and I won't care if you judge me an alcoholic.

Many laws have been passed because of a specific situation. Many laws are applied randomly. Many laws do not apply. Use your best judgement.

I personally have never been stopped on a waterway because of alcohol. I have never had a marine patrol pull up and check us out - even when there was obvious partying going on. Usually these men and women are professionals who are looking for problems - not trying to cause one.

[goboatingnow]

Most med countries have general rules that forbid operating a boat while under the “ influence “ of alcohol

The influence is rarely defined and “ operating “ the boat confuses things

[Captain Bill]

I used the wrong word for Florida law on this. Operating is the key word. It's the same interpretation that allows them to give you a DUI when sleeping in the passenger seat of a legally parked car if you have the keys.

[goboatingnow]

Yes “ operating “ is typically the wording used. Anchoring has been adjudicated to not be “ operating “

“ influence “ without specific blood alcohol limits ( which are rare for boats internationally ) are also difficult to monitor and have been difficult to prosecute. The authorities have to prove you were acting recklessly

[Lodesman]

For the OP: https://tpwd.texas.gov/publications/...l2000_0014.pdf

(6)“Operate” means to navigate or otherwise use a motorboat or a vessel.

49.06. Boating While Intoxicated
(a) A person commits an offense if the person is intoxicated while operating a watercraft.
(b) Except as provided by Section 49.09, an offense under this section is a Class B
misdemeanor, with a minimum term of confinement of 72 hours.

The definition of operate, is rather vague. Personally, I'd keep my BAC below 0.08, but enjoy some drinks - but I think that's sensible whether it's required by law, or not.

[carstenb]

In Denmark, the legal limit for "operating" a boat is the same as for a car - 0.8.

Never heard of anyone having any issues for drinking while at anchor, but the rub comes if a sudden storm rolls in and you have to "operate" your boat (say anchor dragging). If you then hit another boat and your alcohol level is over0.8 - then you are BUI.
Not sure what the courts would decide. I don't think there has ever been a case.

What would a court say if you were over 0.8 but had to move a car? Say a person somehow was trapped by a rolling car and you moved it while drunk.

[Tetepare]

Oh good, we haven’t rehashed this topic in almost a year.

[goboatingnow]

Given the state of “chassis “ in the world the last thing I’m worried about is the legal effects of a gin and tonic

[Bill O]

Originally Posted by Captain Bill

I used the wrong word for Florida law on this. Operating is the key word. It's the same interpretation that allows them to give you a DUI when sleeping in the passenger seat of a legally parked car if you have the keys.

If you have the keys in the ignition and drunk, then you have a problem. Yes, they could try to get you if you had the keys in your pocket, but that depends

[gonesail]

i thought that a sundown gin and tonic was a required procedure after anchoring a boat for the night

[Mike OReilly]

Canadian definition of being affixed to land includes being at anchor, so drinking is not illegal as long as the boat has a head.