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Water in my drunk tank - What is the law?
Mark Finkenstaedt
#1 Print Post
Posted on 11/07/09 - 5:27 PM
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This came up Thursday during a beautiful but chilly cruise.

Drinking!

Yes, I know the effects of alcohol and DUI-DWI laws - boating magnifying the effects but what is the law to having essentially an open container whilst boating.

Let's say it's your one and only 12 oz of the day and you've been working on it for hours so at no point will you ever be near any limit- you're not over the influence or anything like that.

Driving a car with an open container not allowed right? What about whilst boating? Open container laws whilst boating - as the Skipper.

I can't find anything this specifically.

Cheers!! Hic!


2001 18' Dauntless - 150HP 2010 E-TEC
 
ioptfm
#2 Print Post
Posted on 11/07/09 - 5:53 PM
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I would think that the law would differ from state to state


Tom
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Tig
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Posted on 11/07/09 - 8:02 PM
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Up here in Canada open liquor must be in a "closed compartment". DUI laws apply to operation.
If you have a sleeper and a head the rules change a bit but I think you have to be moored.


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Binkie
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Posted on 11/08/09 - 7:34 AM
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In Florida, no alcohol allowed on boats in state parks. I guess you can drink when you drive, everywhere else, but the cops are giving alot of field sobriety tests on the water, and a DUI on the water reflects on your drivers licence for your car.


Rich
 
JohnnyCW
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Posted on 11/08/09 - 10:01 AM
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There is no open container law on a vessel in Florida. Your either impaired by definition of the law or you are not. Field sobriety tests, breathalyser, and the subjective judgment of the LEO can all play a role in an arrest.

During my nearly 20 years in professional emergency services I've responded to a lot of boating related injuries and deaths. I've never been to one single significant boating injury or death that was NOT alcohol related.

I'm just as eager to enjoy a few beers as anyone but I do not drink any alcohol when I'm operating my vessel.

 
MW
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Posted on 11/08/09 - 11:20 AM
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Not sure of the Law but, for me "The Captain", drinking is "VERBOTTEN", I'm also on "Look out" duty.


Matt
 
ioptfm
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Posted on 11/08/09 - 2:50 PM
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JohnnyCW wrote:
During my nearly 20 years in professional emergency services I've responded to a lot of boating related injuries and deaths. I've never been to one single significant boating injury or death that was NOT alcohol related.
vessel.


Living on a barrier island that borders the ICW and the Ocean, I will agree............Having assisted and treated many victims, I too have never had one that was not achohol related and unfortunately they have been numerous.


Tom
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kamie
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Posted on 11/08/09 - 5:26 PM
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Mark,

There is no state open container law in VA, those are mostly county rules. Not to say the state troopers would not pull you from the car, search it, make you take a sobriety test, .....
On the water, if your doing something stupid and Marine Police pull you over, they will throw the book at you. If your going to drink, wait until you get back to the dock. There are plenty of boaters that don't heed the warning and you want to be 150% on your toes watching out for them.

 
Mark Finkenstaedt
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Posted on 11/08/09 - 9:22 PM
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I'm not a drinker especially when I'm usually out with the kiddies doing all the work. Baiting hooks and blowin' the inflatables.

This was more of a "I don't know the answer to that" - then trying to figure out what I could and couldn't get away with whilst jetting.

Thanks for the input.

Spent a long time out today during the glorious weather - These boats are great fun but now the wifey wants a cabin.





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CES
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Posted on 11/09/09 - 4:02 AM
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As with anything, using good common sense and moderation must prevail.


Cliff
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Guts
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Posted on 11/09/09 - 4:36 AM
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I do Not Drink when going off shore in or out ! They will at some point have a license to navigate a boat, IT IS COMING !!! It is a way of creating revenue in every way. It's all about the Money !!! After years of being on the water commercial fishing and recreational fishing and Jet ski racing. The Biggest problems come from people who have never been on the water and having fun recreating with no experience!!! The slogan " SOBER BOATER" is the best policy. Just my two cents on this. Licenses for boaters are coming don't forget the revenue it will bring in. And safer for all of us that think SAFETY!!! On the safety issue for those that go off shore, I'm going to get one of these...

http://www.rescuestreamer.com/say.htmlm/say.html


Edited by Guts on 11/09/09 - 4:48 AM
 
Binkie
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Posted on 11/09/09 - 7:02 AM
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Personally I think drinking on a boat is an invitation to disaster, If you get stopped by the po-lice, and they smell liquor or you or see that you have been drinking, they might give you a breathalyzer test, and you might not pass. Plus who knows how much damage you could do to yourself or others if you are drunk. I don`t drink when I play golf either, it screws my game up. I seem to lose concentration.


Rich
 
RyanF
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Posted on 11/09/09 - 8:34 AM
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JohnnyCW wrote:
During my nearly 20 years in professional emergency services I've responded to a lot of boating related injuries and deaths. I've never been to one single significant boating injury or death that was NOT alcohol related.
vessel.


Living on a barrier island that borders the ICW and the Ocean, I will agree............Having assisted and treated many victims, I too have never had one that was not achohol related and unfortunately they have been numerous.

Oh come on guys! Are you telling us not one accident or significant injury was related to weather conditions, sober distractions, equipement failure, or general stupidity? Alcohol was always the cause? You both either have a stastically unique set of experiences or you are simply full of it.

If you think drinking and boating are a bad idea, just say so like Binkie. No need to make up BS.








-Ryan
 
CES
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Posted on 11/09/09 - 8:52 AM
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RyanF wrote:
If you think drinking and boating are a bad idea, just say so like Binkie. No need to make up BS.


LOL, well said.


Cliff
1966 13' Sport with a 1993 40hp Yamaha 2 Smoker
 
Binkie
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Posted on 11/09/09 - 9:29 AM
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If you think drinking and boating are a bad idea, just say so like Binkie. No need to make up BS.

I THINK THATS WHAT I SAID.

I wonder why drunks are so easily offended? LOL


Rich
 
mattgeiger
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Posted on 11/09/09 - 10:10 AM
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I'd be lying if I said I haven't enjoyed a beer or two while fishing with another member commenting on this thread, but I do keep it very much limited. Now the sailboats I've owned...... jeez, they saw more spilled liquor and beer spilled on deck than an Irish pub. Not saying that even that is ok, but there's a bit of difference in 40 knots and 6 knots.

As far as GA law goes. I don't know for sure. Last I heard - open container was ok.


Edited by mattgeiger on 11/09/09 - 10:16 AM
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Tig
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Posted on 11/09/09 - 1:10 PM
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We all know the laws on consuming and operating, but the law on transporting liquor is also very important if you want to not have your plans disturbed. That's what this thread is about.
I live on the water as do many of my family and friends. We frequently travel to social events by boat.
Last summer we almost ran afoul of the law over an unsealed bottle of wine. Our plans and destination also came under scrutiny. Fortunately I was well informed on the applicable laws and jurisdictions in respect to our plans. I was able to respectfully discuss this to the point the officer changed the subject. What I was not certain about was whether or not I was transporting liquor properly. Fortunately the officer must have accepted the cooler as a closed compartment otherwise we would been fined for having a full bottle of wine with a broken seal. I'll read that as a judgment call in our favour.
Upon arrival home I went to out elaw site and and fully researched the laws on transporting liquor. Now I am certain as to what the right thing to do is. Empties and unsealed containers go in the anchor locker or perhaps under the console until we reach our destination.
If you can't find your laws online online, ask a marine officer first chance you get.


Edited by Tig on 11/09/09 - 2:29 PM
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ioptfm
#18 Print Post
Posted on 11/09/09 - 3:42 PM
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RyanF wrote:
Oh come on guys! Are you telling us not one accident or significant injury was related to weather conditions, sober distractions, equipement failure, or general stupidity? Alcohol was always the cause? You both either have a stastically unique set of experiences or you are simply full of it.
If you think drinking and boating are a bad idea, just say so like Binkie. No need to make up BS.

That is exactly what I am saying..........all serious incidents and injuries that I have treated were alcohol related.......Come spend some time in the emergency room while an injured child is being put back together.....I am not saying that one should not have a beer while boating and I by no means think all that are having a drink are drunks......I enjoy a beer here and there myself, but one has to be responsible and many are not..........I can assure you I have no reason to make up BS..........Take it for what it's worth and use it how you please


Tom
1979 Sport 15'
 
JohnnyCW
#19 Print Post
Posted on 11/09/09 - 4:25 PM
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RyanF wrote:
JohnnyCW wrote:
During my nearly 20 years in professional emergency services I've responded to a lot of boating related injuries and deaths. I've never been to one single significant boating injury or death that was NOT alcohol related.
vessel.


Living on a barrier island that borders the ICW and the Ocean, I will agree............Having assisted and treated many victims, I too have never had one that was not achohol related and unfortunately they have been numerous.

Oh come on guys! Are you telling us not one accident or significant injury was related to weather conditions, sober distractions, equipement failure, or general stupidity? Alcohol was always the cause? You both either have a stastically unique set of experiences or you are simply full of it.

If you think drinking and boating are a bad idea, just say so like Binkie. No need to make up BS.


Your post is out of line and offensive never mind your lack of reading comprehension.

 
whalerman
#20 Print Post
Posted on 11/09/09 - 4:34 PM
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I'd have to agree with GUTS on this issue. Alcohol and boating these days just don't mix. Po Po is watching ~
Hey Ryan ,I dare you to walk a mile in there shoes on a weekend with a very bad ending!!!!


Edited by whalerman on 11/09/09 - 4:41 PM
THOM : 1999 Outrage 18, 2012 E-TEC 150, 2012 EZ Loader trailer
 
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