Is booze legal on boats in the US?

[4Winns2]

Re: Is booze legal on boats in the US?

It's legal on my boat until I see the Sheriff's boat. We just had a deadly crash (see my thread Boat Crash in Cent NY kills two) here last weekend and I read today that they're going to start "beefing" up patrols for BUI. I drink moderately (1 to 1.5 beers per hour) so I probably shouldn't worry but I'm not inviting any Sheriff to my boat to judge; I stay down the other end of the lake where he has no jurisdiction. With all that said, what does one do if they are pulled over for suspicion of DUI? I did little research this morning and every DUI lawyer selling his time on the web basically had this to say:

http://www.associatedcontent.com/article/73297/suspected_dui_what_to_do_if_you_are.html

Most of this advice is going pee off any cop.

 

[OKANAGANGUY]

Re: Is booze legal on boats in the US?

1 to 1.5 beers per hour) so I probably shouldn't worry but I'm not inviting any Sheriff to my boat to judge;

Hell fellow...Down south 1-1.5 low alcohol beers is the same as 2 swallows of Canadian beer. So if I drank 2 Canadian beers a hour that would be the same as 5 beers a hour down south. That would means serious and continius bladder evacuations. Have a few beers on the boat, be responsible and watch for the RCMP and all should be good. They are usually the only Grey inflatable on the lake anyways.

 

[4Winns2]

Re: Is booze legal on boats in the US?

1 to 1.5 beers per hour) so I probably shouldn't worry but I'm not inviting any Sheriff to my boat to judge;

Hell fellow...Down south 1-1.5 low alcohol beers is the same as 2 swallows of Canadian beer. So if I drank 2 Canadian beers a hour that would be the same as 5 beers a hour down south. That would means serious and continius bladder evacuations. Have a few beers on the boat, be responsible and watch for the RCMP and all should be good. They are usually the only Grey inflatable on the lake anyways.

My brother in-law got a case of Brador last week and had a couple with him last night. Now that's real beer.

 

[Reel Poor]

Re: Is booze legal on boats in the US?

It's legal on my boat until I see the Sheriff's boat. We just had a deadly crash (see my thread Boat Crash in Cent NY kills two) here last weekend and I read today that they're going to start "beefing" up patrols for BUI. I drink moderately (1 to 1.5 beers per hour) so I probably shouldn't worry but I'm not inviting any Sheriff to my boat to judge; I stay down the other end of the lake where he has no jurisdiction. With all that said, what does one do if they are pulled over for suspicion of DUI? I did little research this morning and every DUI lawyer selling his time on the web basically had this to say:

http://www.associatedcontent.com/article/73297/suspected_dui_what_to_do_if_you_are.html

Most of this advice is going pee off any cop.

Those are DUI laws and not BUI laws. Maritime law is completely different when it come to boarding, search, seizure and suspicion. Basically when boating in Coast Guard designated navigable waters you give up many of your rights.

 

[4Winns2]

Re: Is booze legal on boats in the US?

Those are DUI laws and not BUI laws. Maritime law is completely different when it come to boarding, search, seizure and suspicion. Basically when boating in Coast Guard designated navigable waters you give up many of your rights.

DUI and BUI are treated just about the same in New York state. I did my homework on this matter this morning. I want to know my rights beforehand. We aren't a Coast Guarded (unless you include the local auxillary in their pontoon boat) body of water so I'm not sure how much more power they have over our county Sheriff in his boat. Generally, the way I read is that you can plead the 5th to everything except the BAC test; and, you're heading to hospital to do that.

 

[Cptkid570]

Re: Is booze legal on boats in the US?

I thought it was illegal to not have a cooler full of beer in the boat.

 

[Drowned Rat]

Re: Is booze legal on boats in the US?

The Coast Guard enforces the BWI laws of the state they are in. Since BWI is a state law and the Coast Guard is a federal agency, technically they are citing you with gross negligence, not BWI although BWI is a contributing factor. The Coast Guard will always terminate your voyage and turn you over to the local authorities who will then cite you for BWI and lock you up. It's a double whammy. BTW, if you're in an area like say, South Shore Long Island and the Coast Guard stops you for BWI, you're actually in 4 jurisdictions all at once, (Federal, Nassau County marine police, Hempstead Bay Constables, and sometimes Park Service.) They can all cite you for the same crime with slightly different verbiage. It can get quite expensive and/or time consuming clearing everything up. Definitely not worth it.

 

[bouttime007]

Re: Is booze legal on boats in the US?

In Maine the BAC is .08 for BUI (boating) and OUI (operating under Infuence-car) but there is next to nothing for patrols on the water. I have only seen 2 game wardens (no sherrif on the water) in 1 and a half years. Up here the wardens have basicly the same authority as a cop, but there is alot of water to cover for the amount of wardens we have. They make a killing at the launch though. I havent heard of anyone getting tagged with BUI, and it is legal to drink as much as you want on the boat if you arent the operator. --Its too damn HOT to get drunk out there for me. (maybe if Im just a passenger once in a blue moon)

 

[4Winns2]

Re: Is booze legal on boats in the US?

In Maine the BAC is .08 for BUI (boating) and OUI (operating under Infuence-car) but there is next to nothing for patrols on the water. I have only seen 2 game wardens (no sherrif on the water) in 1 and a half years. Up here the wardens have basicly the same authority as a cop, but there is alot of water to cover for the amount of wardens we have. They make a killing at the launch though.

Up until two years ago there was virtually no cops on our lake- -no budget for it I heard. We'd see a Sheriff's boat maybe twice in the summer. They had too many lakes for too little patrol boats in our county.

So, one of rich guys (Tim Green: played for the Atlanta Falcons; commentates football games; and writes a book or two) on the lake buys a new boat and donates to the Sheriff's with the stipulation that it stay on our lake. The word is that Tim does not like PWC's and this was his way to help keep them away from his mansion, I guess. I don't really care them either- -fiberglass with a chain saw engine under the hood.

 

[bouttime007]

Re: Is booze legal on boats in the US?

Up until two years ago there was virtually no cops on our lake- -no budget for it I heard. We'd see a Sheriff's boat maybe twice in the summer. They had too many lakes for too little patrol boats in our county.

So, one of rich guys (Tim Green: played for the Atlanta Falcons; commentates football games; and writes a book or two) on the lake buys a new boat and donates to the Sheriff's with the stipulation that it stay on our lake. The word is that Tim does not like PWC's and this was his way to help keep them away from his mansion, I guess. I don't really care them either- -fiberglass with a chain saw engine under the hood.

We have no budget for sherrifs boats either, it would seem odd to see a cop pulling someone over on the lake !! Hardly ANY boat traffic on the lake I frequent, mostly PWCs. I dont mind them per se, some stupid kids doing stupid things but nothing like the stories ive heard here.

 

[QC]

Re: Is booze legal on boats in the US?

On Lake Havasu there are multiple cop boats. CA and Arizona. They sometimes sit on the buoy line just waiting for overloaded boats or people over wakeless speed etc. They take a lot of guys away every weekend . . .

There are also larger Patrols on Lake Mead during busy weekends. Same thing, they hang out right at the entrance to the Marina just looking for any reason to do an inspection. If you are not overloaded, kids have their life jackets on and you're not being an idiot they completely leave you alone.

 

[4Winns2]

Re: Is booze legal on boats in the US?

On Lake Havasu there are multiple cop boats. CA and Arizona. They sometimes sit on the buoy line just waiting for overloaded boats or people over wakeless speed etc. They take a lot of guys away every weekend . . .

There are also larger Patrols on Lake Mead during busy weekends. Same thing, they hang out right at the entrance to the Marina just looking for any reason to do an inspection. If you are not overloaded, kids have their life jackets on and you're not being an idiot they completely leave you alone.

"...they hang out right at the entrance to the Marina just looking for any reason to do an inspection." Hmmm, I wonder if that could be construed as entrapment in any way. I guess an inspection is enough of a reason to get a better whif of your breath.

 

[Bigprairie1]

Re: Is booze legal on boats in the US?

........no thats not entrapment...thats fishing in the right spot.

 

[Reel Poor]

Re: Is booze legal on boats in the US?

They don't need a reason to stop you, board your boat (which you can't deny them), conduct an inspection/search.

 

[Drowned Rat]

Re: Is booze legal on boats in the US?

They can't search without reasonable suspicion or your permission, but they can perform safety inspections without any cause whatsoever.

 

[Maps]

Re: Is booze legal on boats in the US?

Here in Quebec Beer is legal almost everywhere...

Passengers in boats are permitted to consume alcohol at all times.
However the Captain cannot drink while driving and cannot exceed .08

The size of the boat is irrelevant unlees maby for Sea-Doo's and Jet Ski's.

 

[studlymandingo]

Re: Is booze legal on boats in the US?

it's harder to drink a beer while riding a jet ski​

 

[mike176]

Re: Is booze legal on boats in the US?

if pulled over for drinking stop the boat drop ancer may sure the cops sees you do all of this then holdup a beer and open it, chug like your lisence depends on it so he can see. when you drank that beer the vessel was not under your contorol, now when he take your BAL it is nolonger valid for when you where driving also there is no open container law for boats in florida so you get off scotfree. Just make sure you don't get behind the helm for the rest of the day cuz that cop is going to be pissed.

 

[bass buster]

Re: Is booze legal on boats in the US?

I thought it was illegal to not have a cooler full of beer in the boat.

That was funny!

Here in WI, the boating, and driving car under the influence BAC, is the same....08.

I just looked at the WI regs, and here the 'implied consent" law goes for boaters too. Which means, that upon accepting your legal boat registration, (like your car license) you agree to consent to a breath-alcohol test if asked to by law enforcement. If you refuse, its considered an automatic failure of the field test.

As far as I can tell, it is legal to have alcohol on board here, and open containers are not an issue, as long as the person driving the boat, or at the helm if anchored, is under the legal limit.

I like my beer as much as anyone, but i won't get drunk while on the water. (unless maybe, I'm a passenger, LOL)
Same common sense and responsibility should apply when driving your car,but just like on the road, there are idiots on the water too.

 

[roscoe]

Re: Is booze legal on boats in the US?

Sounds good in theory mike, but it doesn't play out that way.

All the cop has to do is order you to not drink the beer and hand over your id. If you drink the beer, you are in serious trouble. Starting with disorderly, then obstruction, then .........

I don't care to much what the cops do around here.
Its the Game Wardens that I worry about.
They have unlimited search and seizure powers here, even on private property.