Sailing and alcohol

[slipaway]

Virginia also specifically exempts being anchored from the boating under the influence definitions (https://law.lis.virginia.gov/vacode/...ction29.1-738/). But otherwise, it does not limit a BUI finding to a blood alcohol level (.08 is the limit), it can also be shown by behaviors.

[StuM]

Originally Posted by TrentePieds

Observing the venerated dictum: "48 hours from bottle to throttle" obviates any need to concern oneself with the niceties of the law relating to "operating while under the influence".

Two days without a drink before going sailing? Shirley, you jest!

[Pelagic]

It amazes me that some seek to justify decisions with permisions.

That is not the sailors life where wind, weather and a close bond with the well being of your boat and crew guides you to when and how much .

If you cant trust yourself, who can you trust?

[boatman61]

Originally Posted by Pelagic

It amazes me that some seek to justify decisions with permisions.

That is not the sailors life where wind, weather and a close bond with the well being of your boat and crew guides you to when and how much .

If you cant trust yourself, who can you trust?

Cheers.. hic'

[barnakiel]

I am not as think as you drunk I am.

[Pelagic]

Originally Posted by boatman61

Cheers.. hic'

Ok

[Eder]

Once off shore there are no rules thank God. FWIW I don't imbide while underway other than a Gin & Tonic at sundown.


Having said that I dont enjoy mingling with teetotallers on shore or off.

[Uricanejack]

Originally Posted by StuM

Two days without a drink before going sailing? Shirley, you jest!

I suppose. It depends how good the party was?

[boatpoker]

Originally Posted by Eder

Having said that I dont enjoy mingling with teetotallers on shore or off.

What about brussel sprouts ?

[Belezar]

In the US - coastal and inshore waters are generally state jurisdiction. For commercial airline pilots you only have to wait 8 hours after having a drink, so 48 hours seems a bizarre and unnecessary adage. Depends on my location and crew, but a beer with lunch or a good rum drink in the afternoon is okay on my boat. (Someone has to stick up for the drinkers). I do have the Serious Drinker with a Sailing Problem T Shirt.

[Redline452]

Originally Posted by Sand crab

That statement in post #16 about revocation of operator privileges for being over the limit is interesting. There is no licensing for most recreational boating operators in the US so how do you revoke something you never had and can't get?

Canada requires that you have a PCOC - Power Craft Operator Card. The bar isn’t very high, but it’s far better than nothing.

[Geitz]

Wisconsin law, which would apply to our side of Lake Michigan and Superior:


30.681  Intoxicated boating.(1)  Operation.
(a) Operating while under the influence of an intoxicant.No person may engage in the operation of a motorboat while under the influence of an intoxicant to a degree which renders him or her incapable of safe motorboat operation.
(b) Operating after using a controlled substance or alcohol.
1. No person may engage in the operation of a motorboat while the person has an alcohol concentration of 0.08 or more. This subdivision does not apply to commercial motorboats.
1m. No person may engage in the operation of a motorboat while the person has a detectable amount of a restricted controlled substance in his or her blood.
2. No person may engage in the operation of a commercial motorboat while the person has a blood alcohol concentration of 0.04 percent or more by weight of alcohol in his or her blood. No person may engage in the operation of a commercial motorboat while the person has 0.04 grams or more of alcohol in 210 liters of his or her breath.





However, despite these only applying to motorboats, there's this catch-all:


30.68  Prohibited operation.(2)  Negligent operation.No person may operate or use any boat, or manipulate any water skis, aquaplane or similar device upon the waters of this state in a careless, negligent or reckless manner so as to endanger that person's life, property or person or the life, property or person of another.

[OneBoatman]

Hey Doctorbill, Don't overthink this thing. I have both sailboats and powerboats. There's drinking in moderation and there is OUI. It is generally true that every jurisdiction sets a boundary which may be enforced in Court. I can assure you the USCG and those employed as marine police will assist you if trouble determining who was operating the vessel whether or not it was equipped with sails, whether or not it was equipped with an auto pilot or whether it happened to be being used at time, and whether it was in fact the owner at the time of interest to them. They will enter that information on the citation. Just the same, if everyone jumps overboard shortly before something bad happens, then the owner of the vessel will be arrested perhaps along with everyone recovered. The authorities usually arrest and charge whomever they determine is responsible, that's what they do, and you don't want to be that person(s). Do not assume that because you as an owner where found not to be operating the vessel that you won't face consequences. The courts take care of the rest. Any irresponsible boater can be found responsible. Quite frequently but not always, the authorities version prevails.
USCG (Master)

[lestersails]

Our introduction to sailing was a crewed charter out of Charlotte Amalie in 1988. The captain had a firm rule, which was "no drinking until the anchor is set". Sounded good until we realized that he did not consider beer to be drinking. He downed 1-2 six packs starting right after breakfast. Then when the anchor was set, he started in with the liquor (some rum drink with egg whites, probably his main source of protein).
At the end of the trip, when stripping the beds, we all found that every cubic inch of stowage was filled with liquor. Maybe boat fires are always bad enough that it doesn't matter, but we thought that was quite a bit of accelerant.
As newbies, we really had no idea how dangerous and irresponsible his intoxicated captaining was. I used to joke to my pals that "if Cap'n Pat can do it drunk, I should be able to do it sober" and I took it up (sailing, not alcoholism). Not a drop (beer or liquor) for me until anchored or moored and if there is a known risk at night (predicted squalls or high winds) then 1 drink max.
I would assume that a captain of a vessel for a paid charter operates under commercial vessel rules? If so, this guy was way, way outside the law.

[doctorbill]

Originally Posted by OneBoatman

Hey Doctorbill, Don't overthink this thing. I have both sailboats and powerboats. There's drinking in moderation and there is OUI. It is generally true that every jurisdiction sets a boundary which may be enforced in Court. I can assure you the USCG and those employed as marine police will assist you if trouble determining who was operating the vessel whether or not it was equipped with sails, whether or not it was equipped with an auto pilot or whether it happened to be being used at time, and whether it was in fact the owner at the time of interest to them. They will enter that information on the citation. Just the same, if everyone jumps overboard shortly before something bad happens, then the owner of the vessel will be arrested perhaps along with everyone recovered. The authorities usually arrest and charge whomever they determine is responsible, that's what they do, and you don't want to be that person(s). Do not assume that because you as an owner where found not to be operating the vessel that you won't face consequences. The courts take care of the rest. Any irresponsible boater can be found responsible. Quite frequently but not always, the authorities version prevails.
USCG (Master)

Very well said and it’s what my intuition has been telling me. The law enforcement can and will use their judgement and discretion in applying the law. Common sense usually makes sense, too bad it’s not more common!