BUI, Negligent Operation

epresutti

Chief Petty Officer
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Aug 14, 2001
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465
I noticed in a couple of threads there are issues of BUI and etiquette (Negligent Operation). Each year I read the federal guidlines as well as the state for each state I plan on operating a boat, I stop by the ranger office at each lake I choose to run in (for rules and regs for that lake) and use WEB sites for inland and coastal waters when I can, additionally many lakes in Ohio are also governed by the US Army Corps of Engineers and they have a set of rules for operating near dams and leveys.<br /><br />The rules and regulations are very clear (also see: safeBoatingCouncil.org and uscgboating.org).<br /><br />BUI has been a federal offense since January 13, 1988 (personally I have never drunk on the water to hot!), Federal BAC is 0.08%, although some states mandate 0.10%. Civil penalty is $1,000 or criminal penalty $5,000 (not to exceed either), one year imprisonment or both (fine and prison).<br /><br />The next Section in the guidlines covers neligent Operation, they give several examples (not to be all inclusive), one of the examples is:<br /><br />"Excessive speed in the vicinity of other boats or in dangerous waters"<br /><br />Here's my point, common sense and a knowledge of the ferderal and state guidelines is a must if you want to enjoy yourself and survive the trip.<br /><br />Just had to add my 2+ cents.<br /><br />Safe boating to all.<br /><br />Cheers.<br /><br />emp.
 

JB

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Re: BUI, Negligent Operation

I'm with you, Ed.<br /><br />Some of my favorite fishing holes forbid alcohol, pwcs, skiing, excessive speed, excessive noise and overpowered boats of any description.<br /><br />That makes a peaceful, tranquil environment for fishing, sailing small craft, canoeing and just cruising; all compatible activities.<br /><br />A couple of the best fishing holes in the east ban engines over 10hp, and at least one bans gasoline engines, period.<br /><br />That's my kind of fishing hole. :)
 

Bob_VT

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Re: BUI, Negligent Operation

Here in Vermont we had a tragic incident on Northern Lake Champlain on the other day. A 26' sailboat capsized and two young childern drowned (11pm at night). The guy was charged with BUI. I support enforcement of the BUI laws.<br /><br />Full story http://rutlandherald.nybor.com/News/Story/49647.html <br /><br />Bob
 

blifsey

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Re: BUI, Negligent Operation

That's so sad when something done to bring a family closer together (boating) ends up a tragedy and takes two children's life. In GA, a child does not require PFD if boat is not underway (anchored) or if child is in a totally enclosed cabin. My boat doesn't have a cabin but I make the kids keep their PFD on even when anchored. They even have to wear them at ramp when we're launching.<br /><br />BL...
 

blifsey

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Jan 17, 2002
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Re: BUI, Negligent Operation

Bob_VT, did you edit your post or am I going looney? I thought I read the kids didn't have on PFD's but then I read the linked story, it said they did, then I re-read your post and it didn't mention PFD's. Please say I'm not loosing it :eek: <br /><br />BL...
 

rickdb1boat

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Jan 23, 2002
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Re: BUI, Negligent Operation

I don't think there is anything wrong with having an occasional beer on the water, as long as you don't over do it. By that I mean, if you are going to stop for an hour or two, weather it be fishing or stopping in somewhere for lunch, I don't see any harm in having a beer or 2. It's the ones that drink from the time they go out, until the time they come back, that worry me. I know that many of you are dead set against drinking anything while on the water, but it happens all the time. Where I boat it is very common, as there are many Waterfront bars and every gas station sells alcohol. My point is, if you're going to drink whie boating, do it responsibly. Just as you would when operating a car! I'm sure that alot of you will disagree with me, but it's a fact of life that many people Drink while boating. Just don't over do it! They say 1 drink per hour is about it, before it affects you, even more so on the water! I admit that I will have a beer or 2 while fishing or on a cruise, but that's it!! Just be Safe out there, and drink responsibly!!! By the way, .08 is the limit in most states now, and that is only 4 beers in an hour and you're officially DRUNK!<br /><br />Rick
 

Bob_VT

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Re: BUI, Negligent Operation

BLifsey, yes :rolleyes: . I read the updated article in todays paper see link. No No your not going looney ;) <br /><br />Bob
 

epresutti

Chief Petty Officer
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Aug 14, 2001
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Re: BUI, Negligent Operation

Guys,<br /><br />Don't get me wrong I personnaly don't drink, but it is every individuals preference. Rickdb1boat, I know what your saying, it's getting everyone to be responsible where we seem to have the problems.<br /><br />As it stands now I am usually the designated driver/captain and I tell all of my friends the same thing, whereever you are at whatever time it is if you need me to get you CALL! I will be there, just don't drive! It may be irritating to bring the drunks home, but I would rather have them safe.<br /><br />Safe boating to all.<br /><br />Cheers.<br /><br />emp.
 

rickdb1boat

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Re: BUI, Negligent Operation

Great Post Ed! I think it's great that you are willing to help out the "Disabled", when they are in need. You may have done more than just give a ride, you may have saved a life!<br /><br />Rick
 

rickdb1boat

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Re: BUI, Negligent Operation

Hey Ed, By the way, the Lake that I Boat on, <br />(Lake of the Ozarks) in Missouri, had over 50 BUI arrests over the holiday. They estimate that there were over 10,000 boats on the Lake at any given time, so it makes you wonder how many others may have overindulged and got away with it! The lake is 100 miles long and there are 18 Water Patrol Officers on duty (At the Most),to Patrol the whole Lake. So go figure! I do not go NEAR their on any holiday and am Da*n careful on any weekend!!<br /><br />Rick
 

oldboat1

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Re: BUI, Negligent Operation

..."only" four beers an hour?? geez. A six-pack in an hour and a half (in 90 degree heat), and some question as to whether it's a case of DUI?<br /><br />At those rates, I think I probably would have fallen off the stern while trying to pee after only about 3/4 hour (a half hour, maybe?)
 

epresutti

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Re: BUI, Negligent Operation

Oldaboat1,<br /><br />Don't forget body size makes a big difference, the bigger the girth the more beer you can drink and still not be over the limit.<br /><br />Sooooooo, if you want to have 4 beers per hour spend some time fattening up and growing a few inches :) <br /><br />Safe boating to all.<br /><br />Cheers.<br /><br />emp.
 

rickdb1boat

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Re: BUI, Negligent Operation

Oldboat1<br /><br /> Just think about that, 4 beers an hour, 1 every 15 Min. X say, 5 hours on the Water. I think you might not remember your name after 20 beers! But I have seen people come close to that( Maybe 3 an Hour) and get out and drive away in the boat. Still, that's 15 beers toward the end of the day! Got to be Hammered!!<br /><br />Rick
 

toomuchclub_1113

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Jun 17, 2002
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Re: BUI, Negligent Operation

Just had this discussion with several boaters over the weekend regarding local laws, BWI/BUI guidelines and where to find information. I believe (haven't been able to find out for sure) that on Lake Ontario even open containers are now against the law! That includes anyone not just the captain.<br /><br />My feelings about the subject are mixed, I agree drinking and operating ANYTHING can be a recipe for disaster. But I also agree that drinking responsibly and getting drunk are on the opposite ends of the spectrum. I personally have seen boaters who shouldn't be on the water for a number of reasons not even involving alcohol.<br /><br />The patrols on the lake have gotten much more invasive over the last couple years....cruising through on unmarked PWC's.....finding someone who happens to be having a beer (not drunk but a beer) and making they're life miserable. Hiding at night just waiting for anyone to come by for a "routine safety check" and always asking about drinking.<br /><br />I love to boat, I love to keep my family safe on the boat, part of which is limiting or excluding myself from having alcohol. Does law enforcement mean to suggest that I'm not adult enough to make those decisions? <br /><br />I want to believe that all this "enforcement" is for the good of the boater but I just can't help thinking about New Yorks new ways to make money.<br /><br />Just to clarify....incase someone thinks I've gone off the deep end...I want people who are drunk to be off the lake but I want people who have the occasional beer or 2 to be left alone. How can we make this work without turning in to a police state? Educate, make the laws clear and concise pull over people for blatent violations of boating laws and leave people who aren't breaking any laws alone. It's pretty easy to tell when someone's been drinking too much.....I mean it's easy for me to see so why not the marine patrols?<br /><br />OK Off my soap box!
 

rickdb1boat

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Re: BUI, Negligent Operation

Where I boat(See Above), it is not illegal to have an open container of beer, while operating a boat. But if the Water Patrol sees it, then he will probably pay you a visit! At night, they also set up "BUI Roadblocks" at certain high traffic areas on the lake,and literally check 100's of boats at random, mainly where there are alot of party spots that can be reached by boat!They know they are going to get a lot of people coming out of these waterfront saloons drunk! The Water Patrol has cracked down BAD on the lake, so if your drinking, you are asking for it. And yes, they hide in coves or docks and observe whats goin on in your boat with high power binoculars. As with many communities, they rely on the revenue of arrests, to maintain a high standard of protection. They must generate money to stay afloat or the Lake would become a very dangerous place to be! And on a side note, It is also "Legal" for a Female to be Topless, as long as they are on the Water, where I boat! Crazy Laws!! Something to think about!<br /><br /> Rick
 

epresutti

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Re: BUI, Negligent Operation

Beernutz,<br /><br />Listed :) <br /><br />Safe boating to all.<br /><br />Cheers.<br /><br />emp.
 

PaulHolcomb

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Jul 8, 2002
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Re: BUI, Negligent Operation

Here's how I feel. Designated Driver's save lives. If you're drinking and not the operator of the boat, then you should be wearing your PFD!! I only have a few experiences with alcohol and boats. And that was in the Navy of all places. I worked for an Admiral on his small craft crew in Seattle, WA for a year. For all of his pleasure boating and race weekends, we served Bermousa's. Champaign and Orange Juice. I don't recommend this drink ever being made while in a boat. Especially if its windy and wavey. Orange juice doesn't settle with waves, and champaign doesn't do well in the Heat!!!
 

JB

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Re: BUI, Negligent Operation

Hi, all.<br /><br />I like a drink as much as the next guy, but I never drink or allow drinking on my boat. <br /><br />I think I could handle it, but so what? Every guy that kills someone thought he could handle it.<br /><br />Please, save the alcohol for after the boating and driving are finished for the day. Booze, including beer is one of the worst ways to deal with dehydration. Drink water or GatorAde.<br /><br />May you live at least as long as I have. :)
 

epresutti

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Messages
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Re: BUI, Negligent Operation

JB,<br /><br />I probably own stock in Gatorade! To your point on dehydration, I always carry a gallon of gator juice. I discovered that for those who have been drinking the night before (or just plain haven't had enough fluids) and STILL want to go out on the boat it is better than a PFD. I am always willing to share, at first they decline but as the day wears on they get the point.<br /><br />Myself, I drink ton's of the stuff, Florida sun (or any sun for that matter) and red hair, fair skin are a formula for disaster. I use that 90 weight sun block as well. Sunburn needs to heal from the inside.<br /><br />Safe boating to all.<br /><br />Cheers.<br /><br />emp.
 
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