Thread subject: Whaler Central - Boston Whaler Boat Information and Photos :: Water in my drunk tank - What is the law?

Posted by Mark Finkenstaedt on 11/07/09 - 5:27 PM
#1

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!

Posted by ioptfm on 11/07/09 - 5:53 PM
#2

I would think that the law would differ from state to state

Posted by Tig on 11/07/09 - 8:02 PM
#3

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.

Posted by Binkie on 11/08/09 - 7:34 AM
#4

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.

Posted by JohnnyCW on 11/08/09 - 10:01 AM
#5

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.

Posted by MW on 11/08/09 - 11:20 AM
#6

Not sure of the Law but, for me "The Captain", drinking is "VERBOTTEN", I'm also on "Look out" duty.

Posted by ioptfm on 11/08/09 - 2:50 PM
#7

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.

Posted by kamie on 11/08/09 - 5:26 PM
#8

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.

Posted by Mark Finkenstaedt on 11/08/09 - 9:22 PM
#9

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.




Posted by CES on 11/09/09 - 4:02 AM
#10

As with anything, using good common sense and moderation must prevail.

Posted by Guts on 11/09/09 - 4:36 AM
#11

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

Posted by Binkie on 11/09/09 - 7:02 AM
#12

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.

Posted by RyanF on 11/09/09 - 8:34 AM
#13

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.






Posted by CES on 11/09/09 - 8:52 AM
#14

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.

Posted by Binkie on 11/09/09 - 9:29 AM
#15

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

Posted by mattgeiger on 11/09/09 - 10:10 AM
#16

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

Posted by Tig on 11/09/09 - 1:10 PM
#17

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

Posted by ioptfm on 11/09/09 - 3:42 PM
#18

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

Posted by JohnnyCW on 11/09/09 - 4:25 PM
#19

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.

Posted by whalerman on 11/09/09 - 4:34 PM
#20

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

Posted by bruser on 11/09/09 - 5:17 PM
#21

So you want opinions or the law?. In Michigan there is no open container law for boating. You can be drinking when pulled over by Law Enforcement, the limit is .08. If you blow that on the PBT you will be going to jail.
If the officer makes a stop on you vessel and you appear to be intoxicated, weither you blow the PBT or not, if the office can articulate the circumstances of the probable cause that led him to arrest you you will e found guilty.

I have witnessed an individual who was apparently intoxicated who was arrested. The individual did not blow the PBT but subsiquent blood test reveiled a BAL of only .02 however the LEO was able to describe the circumstances eloquently in court and the suspect was found guilty of BWI.

Posted by RyanF on 11/09/09 - 5:53 PM
#22

ioptfm wrote:
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


Well I am sorry you have been unlucky in your experience. The Coast Guard stats can be found here: http://www.uscgboating.org/statistics/accident_statistics.aspx You will see alcohol contributes to an unfortunate number of accidents, but so do many other things. It is an exaggeration to say all serious boating injuries are alcohol related.

We are only talking about this because car driving laws are being applied to boating, which is in no way a good thing. While you may not be saying one should not have a bear while boating, but that is exactly the message the nanny and law enforcement types will take from your statement. This is too bad because boating is hopefully an escape from land life's hassels. Now you have me started so here we go.

That being about in a boat somehow makes it acceptable for law enforcement to harass folks under the mantra of saftey is unfortunately where we now are. And lets not leave out the worst egomaniac busybody loosers in maritime histroy: The USCG reserve. Sorry commercial orange life jacket lovers, that's the truth.

Boating saftey cheerleaders don't tend to be the type of folks I like to interact with, but when I must, I do prefer to be drunk.

Posted by ioptfm on 11/09/09 - 6:00 PM
#23

OK for Ryan's benifit...........I stand corrected.......100% of boating accidents and injuries are not alcohol related.........but an ass of them are! Stop by the ER sometime on a weekend!

Posted by BwhalerBil on 11/09/09 - 6:06 PM
#24

I have to side with RyanF. Twenty years of assisting boat incidents is going to produce several alcahol related problems. However 100% is just about a statistical impossibility.

I have boated all my life and live on the water where alcahol is over used, creating problems, but knowing that lack of experience and COMMON SENSE account for more than a isolated or zero number of accidents. In twenty years you can not convince me that someone sober as a Judge (not always true) will have looked the wrong way at the wrong time, not knowen the rules of the road, or in many cases not sure of where the road is causing unfortunate outcome.

Posted by CES on 11/09/09 - 6:20 PM
#25

RyanF. I'm with ya brother, that's why I am laughing at most of these posts. Government is in our lives too much now, and it's getting worse. You nailed it! There's absolutely nothing wrong with having a few beers while out on the water. However, as I said before, common sense and moderation must prevail.

Posted by Binkie on 11/09/09 - 7:59 PM
#26

Ryan, your comment---Boating safety cheerleaders don't tend to be the type of folks I like to interact with, but when I must, I do prefer to be drunk

Fortunately for you, there are no laws against typing while drinking, that is unless you are driving too. LOL

Posted by Mark Finkenstaedt on 11/09/09 - 8:28 PM
#27

Thanks all - It's starting to resemble ContinWave in here.

So the conclusion is:
1. There are no hard and fast rule to an open container
2. Don't drink too much or ever.
3. Don't blow a .08.
4. Hide your empties or use them as an anchor.
5. Buy a RescueStreamer ® - because one beer - you're gonna need it.

Now, lets talk about my gelcoat...

Thanks y'all

Posted by JohnnyCW on 11/09/09 - 8:49 PM
#28

You folks sure like putting words in other's posts.

I stated that in nearly 20 years, I've never responded to a boating accident that resulted in serious injury or death where alcohol was not a factor.

I never said every boating related incident I've responded to involved alcohol. I've responded to many more incidents that involved only minor injuries or thankfully no injuries at all. Many of them have involved alcohol, many did not.

I choose not to drink any alcohol when I operate my boats. I make that decision based on many years of experience in professional emergency services and almost as many years as a 100 gross ton certificate holding Captain.

I don't villainize others that choose a different course as long as they abide by the law. Many folks enjoy alcohol responsibly and will never experience unfortunate circumstances on the water. Personally though, if I were to ever be involved in any kind of boating incident that resulted in any injury to someone else, I don't know that I could stand the thought that somehow the outcome could have been different if I had not consumed something that altered my ability to react in any measure.

Posted by MW on 11/10/09 - 12:56 AM
#29

I think we better get back to work, or the Captain's gonna come down here and start yellin.

Edited by MW on 11/10/09 - 12:56 AM

Posted by surfncnow on 11/10/09 - 7:58 AM
#30

I will admit, I have a few beers while boating and don't see an issue with it being done. It irritates my ass hearing folks demanding drivers permit to operate a boat. "It will generate revenue my ass." If you feel that way, pick a new hobby. For me, boating is a way to escape society.


Sorry for the rant.

Edited by surfncnow on 11/10/09 - 8:08 AM

Posted by Binkie on 11/10/09 - 2:10 PM
#31

For entertainment, its good fun to watch drunks load their boats at the ramp. That`s probably not against the law as they are neither in their boat or on the road. Public intoxication?

Posted by theo on 11/11/09 - 11:07 AM
#32

Mark Finkenstaedt wrote:
It's starting to resemble ContinWave in here.


"And this the most unkindest cut of all."

If it turns into CW I'm out of here.

Posted by Mark Finkenstaedt on 11/11/09 - 1:37 PM
#33

theo wrote:
Mark Finkenstaedt wrote:
It's starting to resemble ContinWave in here.


"And this the most unkindest cut of all."

If it turns into CW I'm out of here.


Right! Play nice everyone. It's a simple question - answered long ago.

Posted by ioptfm on 11/11/09 - 5:46 PM
#34

Surely no one takes this personal............I hope eveyone respects the opinion of others and we can all agree to disagree

Posted by JohnnyCW on 11/12/09 - 1:49 PM
#35

...disregard please.

Edited by JohnnyCW on 11/12/09 - 1:51 PM

Posted by arthureld on 11/12/09 - 3:44 PM
#36

It seems to me that exaggerating about the % of accidents caused by alcohol only makes the problem worse.
The problem is bad enough so no one should have to exaggerate to be convincing.

I'm not trying to offend anyone.

We seem to make this mistake with kids about many things and we end up losing their respect and they do it more than ever.
It geves them an excuse not to pay attention.

JM02

Is Binkie posting while drunk driving? lol

Posted by JohnnyCW on 11/12/09 - 4:08 PM
#37

arthureld wrote:
It seems to me that exaggerating about the % of accidents caused by alcohol only makes the problem worse.
The problem is bad enough so no one should have to exaggerate to be convincing.


Who exaggerated? I read misstatements by another member that misconstrued what I posted but my statement in regard to my personal experience is absolutely factual and accurate.

Basically being called a liar by another forum member was not behavior I expected here.

Posted by arthureld on 11/12/09 - 4:27 PM
#38

Wasn't calling anyone a liar.
This thread is a few days old and I drop in once in a while. I saw the thread before and probably haven't even read every post. I dumped my thoughts on the subject. Sorry if I offended anyone.

Edited by arthureld on 11/12/09 - 4:40 PM

Posted by ritzyrags on 11/12/09 - 5:05 PM
#39

It is truly good to see that this subject has been well debated.
I have always realized that there is a category of "fishermen" out there that I will have called "Cocktails Fishermen"
Not quite my kind of boating strategy but anyway..
Some of my friends will have the odd brew after having landed a nice one.And this being done for the twofold aim of quenching thirst and celebrating the moment.
Moderation is the golden rule here.
I for one will usually have a cold Coke and this for the reviving aspects of the drink.
Some will need the escape from land based realities bad enough to rapidly put down a few and finally relax.
Good thing that helmsmen with different views will be there to supervise the action.

Posted by JohnnyCW on 11/12/09 - 6:21 PM
#40

arthureld wrote:
Wasn't calling anyone a liar.
This thread is a few days old and I drop in once in a while. I saw the thread before and probably haven't even read every post. I dumped my thoughts on the subject. Sorry if I offended anyone.

It was not you and I apologize if my post was taken in an accusatory fashion. That was not my intention.

Posted by MW on 11/12/09 - 11:13 PM
#41

My situation is easy, I act like a Knuckle head when I ingest alcohol, come to think of it, I'm a "Knuckle head" without alcohol, so why bother ? I always end up "VERY" sick over the toilet, it's not a pretty site. I am lucky because, I "REALIZE" this, so when the drink's come out, I order a coke or coffee, it has been working wonderful for the past 10 years, Alcohol always spell's "Trouble" for "ME", so I avoid it (this is NOT the case with everyone who drink's, just "me"). I do NOT hold anything against anyone having a couple of Beer's, or a few drink's, it just that ahhh, I'll drive ya in my car if ya don't mind, I'll pick ya up and drop ya off too ! I'm often the "Designated driver", I have no problem with that. It's just that when I'm out in the boat, and I see someone "Chuggin" one, I get nervous, and wonder if the guy is like "ME".

Posted by theo on 11/13/09 - 10:12 AM
#42

surfncnow wrote:
I will admit, I have a few beers while boating and don't see an issue with it being done. It irritates my ass hearing folks demanding drivers permit to operate a boat. "It will generate revenue my ass." If you feel that way, pick a new hobby. For me, boating is a way to escape society.


Sorry for the rant.


I'm with you mate. Talk about driver's permits for operating a small boat chaps my backside too. Boating is a great escape for me. A few simple rules, a few easy to observe guidelines for respecting other boaters, and the door is wide open with the potential for the freedom to do whatever I please with a minimum of interference from authorities.

I really believe it's the same allure that captivates all of us - the freedom aspect of it. It's just that for a few non-critical thinkers that means getting as wasted as possible as quickly as possible.

I'm 55 now. I started boating when I was 3. I started drinking beer when I was 16. So for quite a long time now boating and drinking beer have been going hand in hand. Can't say much about the hard stuff but a bottle of wine while floating IN the sunset can be a fine thing too. By the same token, a day on the water with nothing but water to drink suits me fine too.

Here's a recent news story from our own Flathead Lake in Montana. I can only say that no matter how wasted I've ever been in a boat I never got so bad I couldn't tell where shore was!

http://www.missoulian.com/news/local/...03286.html

Talk about a few bad apples spoiling the barrel.

Edit - Forgot to add - the state senator was drunk when he crashed the boat and there's a lawsuit of some kind pending.

Edit - Oh heck, it wasn't that he was drunk, it's just that officers took blood alcohol content measurements and the results for that guy weren't released. Maybe 2 + 2 = something other than 4, I don't know, especially with a boatload of politicians! :)

Edited by theo on 11/13/09 - 10:42 AM

Posted by ritzyrags on 11/15/09 - 1:12 PM
#43

I had to laugh at this.
"I'm not a drinker especially when I'm usually out with the kiddies doing all the work. Baiting hooks and blowin' the inflatables."

Yes after having blown a few inflatables;
I don't think that anyone will have to have any bruskies to get a buzz.
I wonder as to why I did miss that one before.***~:]
Very funny and true.