400: Live aboard at anchor drinking?

[jalmberg]

Ive been boating as an adult for about 45 years, with hundreds, possibly thousands of nights at anchor. No law enforcement has ever stopped by. Not even in the state of FL (May I never return !) might be different if we blasted music and screamed half the night, though. Try common sense, it works!

[mcon12000]

As a former resident of Nassau Bay there in Clear Lake Texas I understand your concern. I spent the last few years cruising the east coast and mostly southern Florida.

My routine is nothing on a passage alone but when I have company I usually crack one an hour from an anchorage. However as soon as the boat’s at anchor and it’s anywhere near 5 the beer is flowing. Now I have never been bothered or worried in the popular cruising grounds since FWC for example knows I’m an actual cruiser based on the boats appearance and my location.

Now I also know the area you’re in rather well and it’s completely different. Nothing but day sailors and power boats so TPW treats all of them the same. When they see you at anchor they think you’ve stopped for lunch or dinner and plan to take the Kemah channel to return to your slip. There’s literally one actual cruiser passing through per thousand boats down there so you might as well be in a Donzi with five fraternity brothers.

[skipgundlach]

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.

That's akin to the game warden and the wife in hubby's boat reading on the pond...

[tgradyv7m]

Besides the stupidity excessive drinking while on a boat, do the park rangers have a breath analyzer kit? I can't imagine doing a sobriety test on a sail boat!

[TXProud]

If you can demonstrate that you’re not moving anymore in Texas, off Corpus being my experience, they’ll leave you be. That said, if you’re stupid drunk on deck, you could catch a PI and still find yourself in the county jail.

Now if you’re in a 23’ boat with 8 friends where will they all sleep?

[IolantheSF]

Read up on Russell Perdock and Bismarck Dinius. The deputy deliberately rammed an anchored sailboat at high speed, murdered a woman, then charged the bystander who was sitting in the cockpit having a beer for it and ruined his life. A messy case with plenty of reporting in Latitude 38.

[Nicholson58]

Originally Posted by Captain Bill

In Florida state law defines at anchor as underway while federal law does not. You will get a BUI from Florida Law enforcement but not from the Feds.

This is true in several states I have been told. Know your local rules or roll the dice.

We live aboard in the Caribbean. You can be a 24 hour alcoholic. Local rules, nobody cares. Advice, sober under way and stay defensive. We have sundowners on somebody’s boat with friends several times/week. Keep in control. Somebody has to drive the dinghy.

[Sailmonkey]

Originally Posted by IolantheSF

Read up on Russell Perdock and Bismarck Dinius. The deputy deliberately rammed an anchored sailboat at high speed, murdered a woman, then charged the bystander who was sitting in the cockpit having a beer for it and ruined his life. A messy case with plenty of reporting in Latitude 38.

You may need to read up on the case. Several of your details are wrong.

[MJH]

Originally Posted by ascarr

I am sure that many of us have been at anchor and having dinner with friends in a nice secluded area having a drink... question I asked around about is the drinking laws at anchor.

https://www.ecfr.gov/current/title-33/part-95

Underway means that a vessel is not at anchor, or made fast to the shore, or aground.

So looking at this logically if you have the boat turned off and your at anchorage fastly secured, when all of a sudden Texas Parks and Wildlife come to your boat ask to board, see you guys are all liquored up are you going to get a BUI?

I have kept myself from ever drinking anything on the water. Not because I don't want to have a cold drink out there but the lives of all on board and yourself are under your responsibility. But when you get to an anchorage and are done sailing around for the night sitting back and wanting to have a drink really has become an issue when you live aboard your vessel. I have never seen a true yes or no answer on this question.

Have any of you experienced anything situation wise like this where your done boating for the night and at anchor you get approached by law enforcement?

I know its common in Texas Galveston area for both Parks and Wildlife Rangers along with Coastguard to stop boaters all the time. I have had while at anchor Parks and Wildlife approach my vessel and do an inspection while at anchor fishing but my guess is they did that to check fishing licenses rather than anything like oh are they drinking. But I don't want to take a chance on the water at anchorage and find out that I could still be dinged for a BUI etc.

So if anyone has the experience or previous dealings with this let me know. I worry more about being at anchorage asleep after having some drinks and some one hits my vessel and by law any accident on the water to be reported has to have anyone involved alcohol tested within 2 hours. I would hate to get a major life changing fine or other in a case like that just because I thought it was ok to be at anchor and have some drinks etc. Let me know if anyone has some serious incite and links to legal cases and things like that for proof of what the laws really are. Thank you guys.

The captain is ultimately responsible for the boat and those aboard irrespective of underway or anchored (consider those incidents where an anchored sailboat was run over by a motor vessel/speed boat). The only exception that I can vision is when the boat is in its home slip of a live-aboard where it might be compared to a house.

[Shaneesprit]

Originally Posted by 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.

Generally in law to do something to protect life or a dangerous situation, is not deemed to be deemed against the law. Although I don’t like to use the words Generally and Law in the same sentence.

[Nicholson58]

Originally Posted by Sailmonkey

You may need to read up on the case. Several of your details are wrong.

Let’s not hijack this thread but:

If this was the event on Clear Lake, California, Very wrong. In that case the Deputy was drunk, running well beyond reckless fast at night in his personal boat off duty. Drove over a sailboat witnesses identified as having lights on. Lights hard to see with on shore lights behind and the driver blind drunk. Law fraternity, stonewalled and covered for the deputy dragging this out for years. On another note, this points out the main problem with any vessel NAV or anchor lights being white. Especially, anchor lights aloft disappear against shore lights. We string blue LED solar Christmas lights all around our lifelines at anchor. Situations sometimes bring boats into the harbor after dark. The Bimini makes seeing a mast anchor light Tough to spot.

Back to the OP. State by state rules and even some local rules call you under way at anchor. I believe you are not constrained in a marina berth tied to the dock. Know the rules or beware.

[MSAdamMary2020]

Originally Posted by Sojourner

Wow guys, come over here to the Med. We're all tipsy most of the time A little more seriously, we never touch a drop on passages of any length whether it's an hour or 40. As soon as the anchor is dropped, set, backed down on, crack goes the beer. I'm not getting blackout drunk, but over the 'legal' limit for sure most nights, as are most of my friends. If there is any weather coming, back to passage rules, since action might need to be taken. Simple compromise.

Agreed. Brilliant rules of the boat.

[merrydolphin]

Alcohol and boating seem to go hand and hand. Alcohol abuse and boating seem to go hand and hand.
I remember being anchored in a “Safe” anchorage in the Bahamas. (A fairly remote area). When I woke up in the morning I was shocked to see that my stern was only a few feet from a jagged reef. I said to my wife “WOW! We must have dragged last night.” She said, “ I tried and tried to wake you up. A severe thunderstorm hit us during the night. You couldn’t wake up. Fortunately the anchor caught before we hit the reef”. That was one of my final clues that I needed to quit drinking. Haven’t had one for 35 yrs now. If you drink more than a drink or 2 normal drinks. While at anchor. (Or daily). You may want to look closer at you life’s habits.

[Shrew]

Originally Posted by merrydolphin

If you drink more than a drink or 2 normal drinks. While at anchor. (Or daily). You may want to look closer at you life’s habits.

OK bud, pump the brakes a bit. This thread is already laced with a ton of sanctimonious responses, but this is too much.

If you choose not to drink that is a personal decision. If you want to share why you've made your life choices (a la AA style) that is fine, though........know that nobody asked.

However, feel free to keep your opinions about how other people should live their lives to yourself.

[Smokeys Kitchen]

Originally Posted by 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.

???

I am a little confused on this one Mike. Don't understand what having a head has to do with drinking while on a boat?

Maybe its a Canadian thing ..or I am missing the punch line ...