Can passengers consume alcohol?

[H20Rat]

Re: Can passengers consume alcohol?

You need to check your local regulations. In MN the driver is allowed to consume alcohol while driving, but cannot be over the legal limit. Passengers are free to drink what they like.

ND is the same. Everybody can drink, the captain can't be above .10. (even though auto DUI level is .08) Drinking to excess is bad, no argument there, but I've waved to game wardens on more than one occasion with a beer in hand.

Glass bottles will get you stopped for a safety inspection almost immediatly. I don't blame them, glass bottles + bare feet = big problem! Lots of state parks and public beaches outlaw glass bottles for that very reason.

 

[GatorMike]

Re: Can passengers consume alcohol?

In Georgia, everyone (inlcuding the captain) can drink. The captain cannot be over the legal limit (0.08) or it's BUI and you loose your auto drivers license also. An important note, if you are in an accident and have ANY level of alcohol you automatically are charged with BUI.

I expected to see, (In Georgia it is encouraged). Of course being a Gator that is the opinion we have of the state up north. Just funnin ya, I know all Jawja boys ain't Dawgs.

 

[hemidoc]

Re: Can passengers consume alcohol?

It may vary by local, but the "water cops" will more often come along side of you if you have multiple fishing poles in the water(and no fishing licence) than an open container.
Just use a coozie or a plastic cup to keep it under the radar.
And as said keep the Bozos off the boat.

 

[hemidoc]

Re: Can passengers consume alcohol?

I expected to see, (In Georgia it is encouraged). Of course being a Gator that is the opinion we have of the state up north. Just funnin ya, I know all Jawja boys ain't Dawgs.

BTW Are you the "guy" that parks their 12' John boat in the middle of the channel to "fish"?

 

[bigskiohio]

Re: Can passengers consume alcohol?

i live on the maumee river and boaters are always drinking and the cops and dnr dont say anything the captain cant be drunk of course
but state parks are a different story

 

[26aftcab454]

Re: Can passengers consume alcohol?

To answer your question, yes, for sure the state matters. Why don't you go to your local marine patrol and ask them. My state provides a free booklet that shows all of the laws, safety requirements, etc. Maybe yours does too.

As an aside, I grew up in a boating family. Dad and Grandpa always had a beer in the boat. Maybe even 2. But I never saw anybody drunk EVER, except for Otis in Mayberry on TV.

We also ran with scissors, swam in the neighbor's wading pool after we let the frogs swim in it, rode our bikes without helmets and ate burgers even if they fell on the floor.

Dad did, however, install aftermarket seat belts in the car even before they were offered as an option, MADE me take a safe boating course even though it was not mandatory and I had to be home by 10PM.

My point is that today the problem is that some (maybe even many) people take things to excess and they are the ones that spoil things for everybody else.

Good answer Jim!

 

[26aftcab454]

Re: Can passengers consume alcohol?

Alcohol is prohibited in all Sate parks on or off water in my State anyhow.
The exception is Lake Erie where cunsumption is permitted in open waters (beyond the breakwall) although the operator must remain sober.

I am glad to live & boat in TEXAS!
.08=BUI carries same penaltys as DUI-

I do wave to Lake Patrol with a beer in my hand.
It is a shame the actions of a few spoil it for the rest of the responsible , fun loving folks. I have been doing it over 20 years- no problems. But I have seen a few "Otis's" on the water.

 

[Triton II]

Re: Can passengers consume alcohol?

Here in Australia if you don't provide alcohol for your passengers, you won't stay alive long! Maybe I mix with the wrong people! Nah, seriously, skipper's rules when on the water are the same as driving with a 0.05 limit except if you are on a designated mooring when you can be drunk as a skunk. As long as you don't pee or blow your lunch in the Bay! The Water Police breathalise skippers so moderation is the order of the day. Passengers can drink as much as they like.

 

[JB]

Re: Can passengers consume alcohol?

Not on my boat they can't. Not ever.

 

[mjgates]

Re: Can passengers consume alcohol?

Boats are a recreational vehicle, at least in VA. The driver cannot be over a .08, but your passengers can do what they like as long as they aren't acting like jerks. I don't restrict my passengers, as long as their not skiing, and the game warden has never said anything.

 

[SLiM JiM 156]

Re: Can passengers consume alcohol?

In California everybody in the boat can have open containers, even underway, as long as the driver is under .08.

 

[cr2k]

Re: Can passengers consume alcohol?

Where I usually boat in CA is a State Park. On one side (day use only) people are allowed to drink on the beach. On the Campground side you can only drink in the campground. BUT if you are in a boat the operator is prohibited but the passengers are allowed. So on the campground side you just sit in the boat tied to the beach if you want a beer. Weird for sure.

 

[SLiM JiM 156]

Re: Can passengers consume alcohol?

Where I usually boat in CA is a State Park. On one side (day use only) people are allowed to drink on the beach. On the Campground side you can only drink in the campground. BUT if you are in a boat the operator is prohibited but the passengers are allowed. So on the campground side you just sit in the boat tied to the beach if you want a beer. Weird for sure.

Weird laws for sure. I used to go to Konocti on clear lake and they wouldn't let anyone have an open container on their dock, regardless if it was off your boat or from the bar, but you could drink on your boat that's tied up to their dock.

 

[krakatoa]

Re: Can passengers consume alcohol?

man you guys live in tough states, there's nothing wrong with having a beer or two while on the water just don't be an idiot.

You`re totally right!!!!!

 

[craze1cars]

Re: Can passengers consume alcohol?

Individual states set these laws. Within the states, any individual community or local governments can create their own laws that are more strict than the state's laws if they choose. There is no federal standard. This applies to all actions, reaching far beyond boating. Some states have helmet laws for motorcycles, some don't. Some states allow open containers of alcohol to be consumed in CARS, by drivers (if driver is under their limit) while many do not. Some counties within some states do not permit alcohol sales EVER. In Indiana, you cannot buy package liquor, nor purchase a new car, on Sundays. But in many other states you can do both no problem...

Laws are ALL OVER the board on just about everything. It is each individual's duty to research and follow all the laws about what they are doing, and where they are doing it.

Here's a state-by-state summary guide for BOAT DRIVERS boating under the influence. It doesn't address open containers, nor passengers. I can't vouch for how accurate it is as I see a couple errors:
http://dui.findlaw.com/dui/boating-under-the-influence/bui-state-laws.html


I live in Indiana. As long as you weren't too drunk to remember to buy more beer on Saturday (illegal to BUY on Sunday), you will be permitted to boat and drink on Sunday...and every day! Open containers are permitted on boats. Passengers and driver can all drink. Driver must be .08 or less. If driver goes above .08 the following law kicks in, and I know of no lakes or communities that over-ride this law...but just because I don't know, doesn't mean stricter areas in Indiana don't exist:

IC 14-15-8-8
Operation of motorboat while intoxicated
Sec. 8. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat:
(1) with an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol per:
(A) one hundred (100) milliliters of the person's blood; or
(B) two hundred ten (210) liters of the person's breath; or
(2) while intoxicated;
commits a Class C misdemeanor.
(b) The offense is a Class D felony if:
(1) the person has a previous conviction under:
(A) IC 14-1-5 (repealed); or
(B) this chapter; or
(2) the offense results in serious bodily injury to another person.
(c) The offense is a Class C felony if the offense results in the death of another person.

 

[mpsyamaha]

Re: Can passengers consume alcohol?

Not on my boat but that is just me. I made the rule when my sons became legal drinking age and started to act like beer and fishing go together. They were grown and I had little control over their lives but I did have control over what goes on on board my boat. The rule was made with them in mind but applies equilly to anybody who wants to board my boat.

I did make one exception, on a trip to Bimini I carried over more beer than 4 guys could ever consume in a week simply because beer in the Bahamas is outragious and even tho I don't drink I didn't want to see my buddies have to pay those prices.

so this guy is actually saying that beer and fishing DONT go together?!?!

passengers on my boat can drink all they want, and i like to have a couple beers when fishing but dont get drunk. the only time i dont drink beers when fishing is at night, its just too dangerous and hard to see at night.

 

[PitchFork]

Re: Can passengers consume alcohol?

I expected to see, (In Georgia it is encouraged). Of course being a Gator that is the opinion we have of the state up north. Just funnin ya, I know all Jawja boys ain't Dawgs.

Not this Family; the wife and I went to Florida early 90's and we are die hard Gators.

I also have learned what states I will not move to. Beer is the first thing put into the cooler. I work for a beer or two on the boat on Friday Night after work while floating on Lanier. Matter of fact I will be doing just that in 28 hours from now.

 

[Home Cookin']

Re: Can passengers consume alcohol?

Keep in mind you may be looking at two or more sets of laws and they may conflict. First you have the "legal limit" issue, which would apply to the driver, obviously, but might apply to a passenger as to "drunk in public." Then there are "open container" (drinking in public) laws which may have no bearing on how much is consumed. We learned that Ontario even has a "possession" law. Then there are jurisdictional issues: are you in state, federal, city/county, or "designated" (park, wildlife preserve) waters? Good luck figuring out the conflicts there.

So passengers riding past a beach or dock while drinking, or even being moored, may raise the "in public" issues completely separate from "legal limit" issues. And there is the "underaged possession" law where giving your 20 1/2 your old son who just came back from Iraq a cold beer is a big problem on the boat but wouldn't be in the den at home.


Asking a LEO is a good start but even they might not know the various conflicts or other laws, and even an LEO can be wrong.

Some laws are intentionally vague, so the LEO's can use the "drinking in public" type laws to control those who do not know how to control themselves. But sadly, the vagueness can also lead to abuse by the LEO.

One philosophical point: even if you are stone cold sober after that one beer two hours ago, if you are driving (let's say pulling some children on a tube) and God forbid there is a tragedy, completely not your fault, you do not want to be explaining and defending yourself as to "have you been drinking today?" Believe me it's not worth it. So just factor that into your planning and use of good judgment; it may be a more relaxing day knowing you never have to answer that question, than the relaxing you get from the completely legal beer or two.
(For that reason, too, I keep my beverages down and covered--no point in risking an unpleasant conversation with a LEO who is mad at the world that day).

In all things use good judgment and be discreet.

 

[25thmustang]

Re: Can passengers consume alcohol?

Beer in hand while driving, any vehicle, just seems wrong to me.

Beer while on the boat, seems right.

 

[jkust]

Re: Can passengers consume alcohol?

Wow, at first I thought it must be a Canadian posting this. The responses make me think that my state of Minnesota may not be the biggest nanny state after all. I'm sure it won't be long before our regs change to be more in line with some of the above. MN was one of the last states to move away from .10 to .08 at the risk of losing federal funds.