Ouick Member Query...

Nov 9, 2008
1,338
Pearson-O'Day 290 Portland Maine
Maine has such a law. It is legal for passengers to imbibe but the skipper may not. That said, I have no problems having a Sam Adams with my sammich. That is A Sam Adams, not a pair, a couple or a growler. Most folks think a cooler of pounders is a requirement for fishing. Might explain all the boating deaths on fresh water on weekends.
 

gpd955

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Feb 22, 2006
1,164
Catalina 310 Cape May, NJ
You can consume in NJ but if you are under the influence, you suffer penalties similar to that if you were operating a motor vehicle. Under the influence is 0.08%BAC per se OR any amount if it is determined that alcohol has contributed to the unsafe operation of the vessel. In other words, you can blow a 0.04%BAC (under the "legal limit") but if you fail SFST's you can be convicted of being under the influence. You give up your driving privilege in NJ as well if convicted

Here is the NJ statute on operating under the influence
http://law.justia.com/codes/new-jersey/2015/title-12/section-12-7-46/
 
Nov 8, 2007
1,523
Hunter 27_75-84 Sandusky Harbor Marina, Ohio
In Ohio, including our half of Lake Erie:

It is an offense to operate a vessel while having a Blood Alcohol Content (BAC) of 0.08 or more. A BAC less than 0.08 is admissable in court along with other evidence of impairment to prove operating under the influence. For persons under 21 years of age, it is an offense to operate a vessel while having a BAC of 0.02 or more. Further, it is an offense for persons under the age of 21 to purchase, possess, consume, or be under the influence of alcohol.
 
Jun 11, 2004
1,621
Oday 31 Redondo Beach
For clarity, the CA proposal is to extend the existing motor vehicle prohibition of open containers to the operator of a boat. DUI limits already apply. Besides the operator issue, I also have a concern that sailboat crew could be construed as operating a boat when engaged in sail trim, grinding, navigation, etc.
Rick,
Can you cite the proposed bill so I can write to my representatives to oppose it?

Thanks
 
Feb 13, 2016
551
macgreggor venture 224 ohio river
I have a question pertaining ohio, if im out anchored for the night, sails down, is it then legal to drink on the boat
 
Feb 20, 2011
7,990
Island Packet 35 Tucson, AZ/San Carlos, MX
I have a question pertaining ohio, if im out anchored for the night, sails down, is it then legal to drink on the boat
Legally, up to a point. After that, it's just stupid.
Check with your state's revised statutes.
 
Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
I have a question pertaining ohio, if im out anchored for the night, sails down, is it then legal to drink on the boat
Interesting question. Somewhere I recall reading a discussion where a boater was charged with BUI because he was over the limit while anchored. The argument was that if the anchor were to drag the boat would need to be operated in order to reset the anchor and at that point, the boater would BUI. The argument is similar to giving a DUI to a person who is in a parked car and sleeping it off. It could be just an urban legend, but sounds plausible. I have had the experience of being awoken by neighboring boaters because my anchor was dragging and I might have had a drink with dinner before going to sleep. ;)
 
Nov 7, 2012
678
1978 Catalina 30 Wilbur-by-the-Sea
Two things stood out about my visit to Louisiana in 1994: drive through daiquiri shops... and no left turns at multi-lane intersections... you drove through the intersection and made a u-turn in a designated lane. This was probably to keep the people from turning left in front of oncoming traffic while sipping a 32oz frozen Pina Colada... yikes!
I remember a little more, but vaguely because we got drive-thru at 10am... then we drank and ate our way through the French Quarter...
I apologize for a little thread-jacking here. :(
Ah, New Orleans. I Worked hurricane Katrina recovery and one of the first places to open was Super Popeyes on Veterans Highway. They had a line over a block long for the drive-thru as they sold dauquiris.......
 
Feb 13, 2016
551
macgreggor venture 224 ohio river
In not even saying drunk in ohio 3-4 beers and your right at the line of illegal, you are allowed while at dock tied off to get hammered if wanted, seems that and anchored would be similar
 
Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
A little off topic, a few years ago I was surprised to find that the first rest area on I 95 in New Hampshire is a state run liquor store..... They had some very good prices on rum and no state sales tax.

But a liquor store on an interstate highway rest area?
 
Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
In not even saying drunk in ohio 3-4 beers and your right at the line of illegal, you are allowed while at dock tied off to get hammered if wanted, seems that and anchored would be similar
There are 3 fundamental issues here, 1) What's legal? 2) What's good seamanship? and 3) What's the likelihood of getting busted?

If you are anchored in a reasonably secure spot and there is no undue attention being drawn to your boat, and nothing bad happens, you probably won't get busted for drinking while at anchor.
 
Feb 20, 2011
7,990
Island Packet 35 Tucson, AZ/San Carlos, MX
But a liquor store on an interstate highway rest area?
While it has a tinge of disrepute, depending on the neighboring state's liquor laws, that could be pretty darned profitable, huh?
State-run? :laugh:
 
Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
While it has a tinge of disrepute, depending on the neighboring state's liquor laws, that could be pretty darned profitable, huh?
State-run? :laugh:
No sales tax in New Hampshire. Just a few miles north of Boston MA. They got some of my money. :)
 
Jan 1, 2006
7,039
Slickcraft 26 Sailfish
A little off topic, a few years ago I was surprised to find that the first rest area on I 95 in New Hampshire is a state run liquor store..... They had some very good prices on rum and no state sales tax.
I'm well familiar with that place. It's a tax issue. MA residents drive up to purchase liquor at much lower tax rates than MA. I don't think they drive home drunk. Just a little wealthier and looking forward to cocktails. Last time I was in the area the prices weren't that great. Either NH raised its taxes or the retailers raised their prices.
My room mate from school lived in southern NH and that's why I would be in the area. He died about 5 years ago and my heart still aches. You just can't order up a new friend.
 

Rick D

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Jun 14, 2008
7,131
Hunter Legend 40.5 Shoreline Marina Long Beach CA
Thanks, folks. Tally as of now is 12 states without open container / drinking bar for boat operators; two with. Should be an interesting meeting.... One issue is trying to push back when there are clear issues with DUI for jet skis and some how trying to differentiate that from "yachts" or "sailboats" or ... Anyhow, that's why the state has its own lobbying organization and we'll see what they come up with. IMHO, it seems to be a solution in search of a problem, but I think it is sticky. Thanks again for your help.
 

Rick D

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Jun 14, 2008
7,131
Hunter Legend 40.5 Shoreline Marina Long Beach CA
Rick,
Can you cite the proposed bill so I can write to my representatives to oppose it?

Thanks
SB 65 (Hill) Might be early to write. This one might go away or be carefully amended. I suspect it's got a few miles to go... I'd recommend just tracking it for a while. Thanks.