Ouick Member Query...

Jan 4, 2006
6,444
Hunter 310 West Vancouver, B.C.
(Isn't summer July 8-12 in Canada?)
Summer in British Columbia is the two consecutive days in which it does not rain and B.C becomes the most beautiful place on earth. And that's pretty much it for the year.
 
Aug 3, 2012
2,542
Performance Cruising Telstar 28 302 Watkins Glen
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.
It is interesting because you can transition a boat from a vehicle to a camper, so once stopped and anchored, it seems the dui laws would not be in effect, BUT... a boat never stops being a dangerous place, so the captain is always on duty and responsible. Good seamanship implies you have thought your way through the upcoming challenges, and are always ready to respond to any situation. In that case, it seems what is legal should never be an issue, as drinking impairs good seamanship. That last one... o_O
 
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Kermit

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Jul 31, 2010
5,657
AquaCat 12.5 17342 Wateree Lake, SC
It is interesting because you can transition a boat from a vehicle to a camper, so once stopped and anchored, it seems the dui laws would not be in effect, BUT... a boat never stops being a dangerous place, so the captain is always on duty and responsible. Good seamanship implies you have thought your way through the upcoming challenges, and are always ready to respond to any situation. In that case, it seems what is legal should never be an issue, as drinking impairs good seamanship. That last one... o_O
+1 Thanks for saving me the trouble of writing this myself.
 
Apr 15, 2012
36
Catalina 400 Milwaukee, WI
Like others have said, in WI there is no open container law for boats. I asked our Harbor Patrol about this, and they concurred, however an open container does give them Probable Cause for them to stop you for anything including a safety inspection. The USCG never needs PC for an inspection (and THAT'S a whole 'nuther thing!), but our Police/Harbor Patrol does.
 
Jun 11, 2004
1,621
Oday 31 Redondo Beach
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.
Thanks for that. Just to be clear, I have no problem with a reasonable BUI limit but I do like to have an occasional beer or light cocktail while on a daysail.
 

Johnb

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Jan 22, 2008
1,419
Hunter 37-cutter Richmond CA
Rick,
Can you cite the proposed bill so I can write to my representatives to oppose it?

Thanks
I will write to my representative to support it. People who are climbing around the boat, bow persons, grinding or even just rail meat, need to be sober.
 
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Gunni

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Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
I will write to my representative to support it. People who are climbing around the boat, bow persons, grinding or even just rail meat, need to be sober.
I believe the question is how do you get from open container to not sober? The legislation is over reach based on presumption of facts not in evidence.
 
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Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
I will write to my representative to support it. People who are climbing around the boat, bow persons, grinding or even just rail meat, need to be sober.
It is the responsibility of the person in command of the vessel to set the alcohol policy on the boat under their command, it is not the state's responsibility to set the limit.

It is in the state's interest to ensure that the person in command of a vessel is not impaired by alcohol or drugs because that person represents a danger not only to him/herself and others on the boat, but also to the general public.

The assumption in open container laws is that the person in possession of the open container is actively consuming the alcohol and that there is a state's interest in controlling that consumption in some given place, a motor vehicle or a public space. At least in NY, it is illegal to have an open container in the passenger compartment of a car but not in the trunk, the assumption being that if the alcohol is in the trunk it is not being actively consumed.

The problem with an open container law on a boat is definitional. I would hazard a bet that at any given moment on a cruising boat there is at least one open container, either a box of wine, a bottle of rum, or some other adult beverage. It is certainly the case on my boat, especially when I go to Canada, because open bottles don't count in the limit of alcohol that can be brought in to the country.
 
Feb 26, 2004
22,759
Catalina 34 224 Maple Bay, BC, Canada
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.
Being an EX-Californian, I still think this is dumb. "What's the matter with existing laws?" might be the question one would ask.
 

Johnb

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Jan 22, 2008
1,419
Hunter 37-cutter Richmond CA
I believe the question is how do you get from open container to not sober? The legislation is over reach based on presumption of facts not in evidence.
How do you get not sober without opening a container?
 
Mar 1, 2012
2,182
1961 Rhodes Meridian 25 Texas coast
Have zero idea about other places, but on MY boat these are the rules- Offshore, NOBODY drinks Nada, nothing,, zip.

Inshore, I allow guests a moderate amount but as skipper, I NEVER consume any form of alcohol until the lines are on the dock, or the anchor is set. Then it's one beer, and after dinner, ONE drink. Period. Boating while intoxicated is totally as stupid as driving while.
 
Sep 20, 2014
1,320
Rob Legg RL24 Chain O'Lakes
One little known USCG regulation is that the Helmsperson may not be considered the operator of the vessel. The operator is Captain, on commercial boats, on recreational boats it is the owner or the person who normally commands the vessel. Joe Hazelwood (Exxon Valdez Captain) learned this the hard way. Locally, a few years back there was a boating accident in Oswego NY, while the person driving the boat was not impaired, the operator/owner was. He was arrested for BUI.
How about if I am the owner, but am not on the boat?? Does my physical location change my liability even though it is unrelated to the operation? Same goes for the question of the boat under anchor. As soon as I step off the boat, is it now legal to be drunk? The boat condition and safety has not changed.
 
Oct 13, 2013
129
Beneteau 37 Oceanis Platinum Edition Seabrook, TX
If you are a live aboard with open bottles of say rum down below and sailing; can you be considered having open containers? I'd be in big trouble. Lol.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
I figure once this topic had more replies than there are states, we were officially off topic!

In Minnesota, which has BY FAR the highest number of recreational boats per capita, having a beer while boating is pretty much enshrined in our state constitution. Unless their is some huge defining moment (like a tragic accident) that is unlikely to change.

Not like the water cops like it however.

And as others note, the existence of an open container increases PC and your likelihood of a more thorough look-see and an attempt to gauge your sobriety level.

Good news is that at least on Lake Minnetonka, which is the most patrolled lake in the state, sailboats are pretty much invisible to the water cops. Unless its for lights at dusk, I've never ever seen one pulled over.
 
Jan 11, 2014
11,321
Sabre 362 113 Fair Haven, NY
How about if I am the owner, but am not on the boat?? Does my physical location change my liability even though it is unrelated to the operation? Same goes for the question of the boat under anchor. As soon as I step off the boat, is it now legal to be drunk? The boat condition and safety has not changed.
I'm not an attorney, nor do I play one on TV.

As for loaning the boat to a friend, the friend becomes the operator and is in command of the vessel. The friend would then be the first one responsible. However, since it is your boat and you made the (poor?) decision to lend it to your drunken friend you would probably have some level of liability. But that's a good question for lawyers and judges to argue and that's why we all should have liability insurance.
 

Gunni

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Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
If you hand off operation of your boat you also hand off use of your liability insurance coverage. If you step off the boat and get drunk you are Drunk in Public. If you anchor where you should not anchor and are drunk that impairment will be a factor in the resolution of your liability.
 
Jan 19, 2010
12,362
Hobie 16 & Rhodes 22 Skeeter Charleston
In Minnesota, which has BY FAR the highest number of recreational boats per capita, ....

Ummmm not sure about that one @Jackdaw . Where I grew up in Southern Louisiana, every (EVERY) driveway has at least one boat in it. And everyone I know takes their boat out to the "camp" on the weekend to fish or crab or whatever is in season. Minnesota might take the prize in the mid-west but I would not be surprised if there are more registered boats than cars in Louisiana.