BWI laws

Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
Here's an interesting question; asking for a friend..... ;^)

Like every other state, Minnesota has a BUI statute. For accuracy, here it is:

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169A.20 DRIVING WHILE IMPAIRED.
Subd. 1a.Driving while impaired crime; motorboat in operation. It is a crime for any person to operate or be in physical control of a motorboat in operation on any waters or boundary water of this state when:
(1) the person is under the influence of alcohol;

Which creates this law:
BOATING WHILE IMPAIRED (BWI) • Operating a motorboat while under the influence of alcohol, a controlled substance (or its metabolite), or other harmful substances is unlawful. 37 • Operators who are impaired may be required to take tests by an enforcement officer to determine the presence of these substances. There is a penalty for refusal. BWI convictions and refusals are recorded on the violator’s driver’s license record. Most of the BWI law is found in the motor vehicle statutes. The alcohol concentration for impaired operation is .08.

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Now the questions. First what does ''operate or be in physical control" really mean? I get hand on the wheel or tiller while sailing qualifies, but how about:

1) Drifting with mainsail up on a low wind day

2) At anchor

3) You are the 'person in charge' letting someone else steer?

Minnesota has a huge loophole, the statute (and the law) actually says 'motorboat'. When is a sailboat a motorboat? Ever? Does the motor have to be on? In gear adding propulsion? How about sitting at anchor charging the batteries? If you are on a J/22 and you left the OB at the dock, are you bulletproof?

Here is an older but mostly accurate overview of all state statues:
https://www.networkforphl.org/_asset/x0yd8k/Boating-Under-the-Influence-State-Laws-Oct-2016.pdf
 
Oct 22, 2014
20,989
CAL 35 Cruiser #21 moored EVERETT WA
I think your question is specific to the jurisdiction, as all laws are. The Minnesota Supreme Court has weighed in on the question of "physical control". Here is an excerpt from a Minnesota lawyer website who deals with DWI cases.
A driver may be convicted of DWI under Minnesota law if he or she operates, drives, or is in physical control of a vehicle while under the influence of alcohol, a controlled substance, or a hazardous substance. While the terms “drive” and “operate” are fairly direct and easy to understand, the term “physical control” is a different matter entirely.

The Minnesota Supreme Court has interpreted the concept of physical control to include conduct and a variety of activities beyond the actually driving a motor vehicle. This means that an individual does not necessarily have to be driving to be considered in physical control of a vehicle.

As surprising as it may seem, a person may be cited for DWI for entering the vehicle and sleeping in either the front or back seat of a parked car. Even when unconscious and with the engine off and the keys in his or her pocket, an individual may be considered to be in physical control of the car. In a previous case, a motorist from Minnesota was found to be in physical control of her vehicle when she was standing behind the vehicle, with the key in the ignition and the engine running, with a flat tire, and no one else present.

If a person has control of, has access to, or is in possession of the car keys and can turn the vehicle’s engine on at any point or without much difficulty, he or she may be considered to be in physical control of the vehicle. Although a law enforcement official must be able to present additional evidence that shows that the driver and the vehicle may potentially be a source of danger, the location of the keys may be an important factor.

In theory, this very broad legal interpretation of the term “physical control” aims to have a far-reaching effect and discourage intoxicated persons from even thinking about interacting with their vehicle—except as a passenger. In order to prevent a physical control DWI citation, the best plan of action would be to plan ahead and give your keys to a trusted family member or friend and ask them to drive you home. Otherwise, stay away from your vehicle at all costs and call for a cab instead.

Minnesota laws give law enforcement officials discretion when it comes to arresting drivers for DWI. Whether or not a person is in physical control of a vehicle can be a fact-specific question,​
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
I think your question is specific to the jurisdiction, as all laws are. The Minnesota Supreme Court has weighed in on the question of "physical control". Here is an excerpt from a Minnesota lawyer website who deals with DWI cases.
A driver may be convicted of DWI under Minnesota law if he or she operates, drives, or is in physical control of a vehicle while under the influence of alcohol, a controlled substance, or a hazardous substance. While the terms “drive” and “operate” are fairly direct and easy to understand, the term “physical control” is a different matter entirely.

The Minnesota Supreme Court has interpreted the concept of physical control to include conduct and a variety of activities beyond the actually driving a motor vehicle. This means that an individual does not necessarily have to be driving to be considered in physical control of a vehicle.

As surprising as it may seem, a person may be cited for DWI for entering the vehicle and sleeping in either the front or back seat of a parked car. Even when unconscious and with the engine off and the keys in his or her pocket, an individual may be considered to be in physical control of the car. In a previous case, a motorist from Minnesota was found to be in physical control of her vehicle when she was standing behind the vehicle, with the key in the ignition and the engine running, with a flat tire, and no one else present.

If a person has control of, has access to, or is in possession of the car keys and can turn the vehicle’s engine on at any point or without much difficulty, he or she may be considered to be in physical control of the vehicle. Although a law enforcement official must be able to present additional evidence that shows that the driver and the vehicle may potentially be a source of danger, the location of the keys may be an important factor.

In theory, this very broad legal interpretation of the term “physical control” aims to have a far-reaching effect and discourage intoxicated persons from even thinking about interacting with their vehicle—except as a passenger. In order to prevent a physical control DWI citation, the best plan of action would be to plan ahead and give your keys to a trusted family member or friend and ask them to drive you home. Otherwise, stay away from your vehicle at all costs and call for a cab instead.

Minnesota laws give law enforcement officials discretion when it comes to arresting drivers for DWI. Whether or not a person is in physical control of a vehicle can be a fact-specific question,​
Yep, knew all that re DWI laws in MN... which why I was asking for opinions, thoughts, or facts about how they apply to boating, either here in MN or elsewhere.

Regarding the 'physical control' aspect, it's interesting. There are well understood differences between boats and cars. A boat can be more like an RV, and I'm sure that while you're parked in a spot having a beer on the couch watching TV, you are safe from DWI laws. In Minnesota (although it may be a supreme court interpretation, can't remember) if an RV is being used as a home in roughly the way described as above, it's treated as a house and not a vehicle. They can't come in without a warrant.
 
May 17, 2004
5,025
Beneteau Oceanis 37 Havre de Grace
(I am not a lawyer, but...)

Earlier in that Minnesota statute they define "motorboat" and "motorboat in operation" -

169A.03 Subd. 13 - "Motorboat" has the meaning given in section 86B.005, subdivision 9.

86B.005 Subd. 9: "Motorboat" means a watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.

169A.03 Subd. 14 - "Motorboat in operation" does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring or a motorboat that is being rowed or propelled by other than mechanical means.

So if you're securely moored/anchored you probably have an out per subdivision 14. I don't know exactly how to interpret "propelled" in the definition of "Motorboat". If a sailboat has a motor that's not running, it is not currently being propelled by a motor. But does that mean it's not a boat propelled by machinery? My sense is that "propelled" could mean "is equipped to utilize". If someone asks how my car is propelled, I'm going to answer that it's propelled by a gas engine. I'm not going to say "well, right now it's just sitting in the parking lot, so it's not propelled by anything." So if I'm right about that, any sailboat equipped with an engine is a "motorboat", and you therefore can't "operate" it while intoxicated. If you're adrift you're not securely anchored/moored, so you are operating the motorboat while intoxicated.
 
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Nov 26, 2012
1,653
Hunter 34 Berkeley
It seems that the examples are all cases where the person was not actually caught driving but it is obvious that they were either going to be soon or were previous to being caught. The difference between a boat at anchor and a parked car is that no one routinely spends the night in a car. I can't imagine getting a DUI in an RV that is set up at a camp site unless you have done something else.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
(I am not a lawyer, but...)

Earlier in that Minnesota statute they define "motorboat" and "motorboat in operation" -

169A.03 Subd. 13 - "Motorboat" has the meaning given in section 86B.005, subdivision 9.

86B.005 Subd. 9: "Motorboat" means a watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.

169A.03 Subd. 14 - "Motorboat in operation" does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring or a motorboat that is being rowed or propelled by other than mechanical means.

So if you're securely moored/anchored you probably have an out per subdivision 14. I don't know exactly how to interpret "propelled" in the definition of "Motorboat". If a sailboat has a motor that's not running, it is not currently being propelled by a motor. But does that mean it's not a boat propelled by machinery? My sense is that "propelled" could mean "is equipped to utilize". If someone asks how my car is propelled, I'm going to answer that it's propelled by a gas engine. I'm not going to say "well, right now it's just sitting in the parking lot, so it's not propelled by anything." So if I'm right about that, any sailboat equipped with an engine is a "motorboat", and you therefore can't "operate" it while intoxicated. If you're adrift you're not securely anchored/moored, so you are operating the motorboat while intoxicated.
Great find.

169A.03 Subd. 14 - "Motorboat in operation" does not include a motorboat ... that is being rowed or propelled by other than mechanical means.

This would imply that a sailboat while sailing is NOT a motorboat?
 
May 17, 2004
5,025
Beneteau Oceanis 37 Havre de Grace
Great find.

169A.03 Subd. 14 - "Motorboat in operation" does not include a motorboat ... that is being rowed or propelled by other than mechanical means.

This would imply that a sailboat while sailing is NOT a motorboat?
True. I had read the part about being anchored but my eyes skipped that last phrase. Seems like an even bigger loophole than the interpretation in your original post.
 
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Jan 22, 2008
8,050
Beneteau 323 Annapolis MD
I'd think "motorboat in operation", would mean as in other definitions, be to within the definition of "under way". A case in MD, a guy was asleep behind the wheel. Obviously he had gotten the car to that place and was ticketed. He fought, being the car was not moving. He lost. My brother was once given a ticket for "not driving with his lights on"(not dark yet). The nice officer checked of the square "not a moving violation". My brother, the lawyer and now an ambassador to a country, said if the car was not moving, then lights were not required for a "parked" car. He won his point.
 
Jun 21, 2004
2,532
Beneteau 343 Slidell, LA
Great find.

169A.03 Subd. 14 - "Motorboat in operation" does not include a motorboat ... that is being rowed or propelled by other than mechanical means.

This would imply that a sailboat while sailing is NOT a motorboat?
Clay, I wouldn't push my luck on this one! I have read of individuals being arrested for walking while intoxicated!
In LA, same laws that apply to automotive vehicles apply to boats. No drinking while operating a boat, no open alcoholic beverages while the boat is operational for captain nor crew, and of course, DUI or impaired operation of a boat will get you in the slammer. As usual, interpretation depends on the agency and officer that does the inquiry.
 

BarryL

.
May 21, 2004
1,000
Jeanneau Sun Odyssey 409 Mt. Sinai, NY
Hey,

What about this scenario:

Sailing sailing with engine off. Autopilot on, sails trimmed. The boat owner is drunk. Another person on the boat is sober. Who is 'operating' the boat? What if adults are drunk but a minor is not? It's real difficult to state who is operating the boat. In many states you don't even need a license to 'operate' a boat.

Barry
 
Jul 12, 2011
1,165
Leopard 40 Jupiter, Florida
Thinking diagonally, there seems to be a push to have "driver's license" as some form of national ID card -- "BWI convictions and refusals are recorded on the violator’s driver’s license record. " I'm not (that) paranoid, but what does BWI have to do with my driving ability or record. No state requires a boating license for adults (that I know of), and the two skills are vastly different. Before anyone jumps on me, I am not in favor of impaired boating, and only moderately supportive of some form of skills test before boat operator licensing.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
Clay, I wouldn't push my luck on this one! I have read of individuals being arrested for walking while intoxicated!
In LA, same laws that apply to automotive vehicles apply to boats. No drinking while operating a boat, no open alcoholic beverages while the boat is operational for captain nor crew, and of course, DUI or impaired operation of a boat will get you in the slammer. As usual, interpretation depends on the agency and officer that does the inquiry.
For sure, not looking to ‘push my luck’!

But we for sure have a beer or two on the boat on occasion, and the discussion started at the YC while we were watching a Water Patrol boat stop a Rodney in some big-ass powerboat. ‘Does anyone know of a sailor getting a BUI’? No. ‘Does anyone know of a sailboat ever being pulled over (for anything other than a safety check?)’? No.

That let us to look at the details of the statute, which let to this.
 
Jan 22, 2008
296
Islander Freeport, 41 Ketch Longmont, CO
So in Colorado the BWI law doesn't have the loophole. IN fact you can get a BWI for operating a Kayak or canoe. That being said, the boat must be underway. We have not - YET heard of anyone being arrested or convicted of BWI when the boat is at anchor.

And generally we apply it to only the Skipper/Captain Crew can imbibe as long as at least the Captain is sober (ie: designated driver rule).

And in many states, ours included, there are now age limits for skippers of watercraft depending upon what type of craft (jet ski vs motorboat vs canoe, etc. along with hours of operation for different skill/age levels.
 
Jun 21, 2004
2,532
Beneteau 343 Slidell, LA
Yes,
In times past, I used to to have a couple of beers while sailing or boating. I didn't really give it much consideration as it was considered to be acceptable by most and law enforcement too. With stricter DUI laws everywhere, the "tide has changed." Even though the chances of getting stopped are slim, I don't have a beer until I am back at the dock or anchored for the day. I don't want to take a chance with the possibility of being charged for impairment...way too costly. No, I don't know of anyone busted for DUI while operating a boat.
 
Aug 13, 2012
533
Catalina 270 Ottawa
In Minnesota (although it may be a supreme court interpretation, can't remember) if an RV is being used as a home in roughly the way described as above, it's treated as a house and not a vehicle.
IIRC, in Canada (it might differ from province to province, though), the boat is considered a "vehicle" if it is under way, but if it is anchored or moored, it is considered (like the RV) as a "dwelling". So you can drink alcohol and have open bottles etc. But in order to qualify as a dwelling, you must have a working head and a sleeping arrangement (whatever those two mean).

This prevents a claim that you were stopped for the night in a e.g. bowrider or a Hobby Wave.
 
Oct 2, 2008
3,807
Pearson/ 530 Strafford, NH
Ha ha ha, here in the Live, Freeze, or Die they were arresting university students under the open container law. Drunk with your mouth open. Until they hit a councilor’s wedding gig.

How did Valdez finally wind up?
 
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Jul 5, 2005
217
Beneteau 361 Sandusky Harbor Marina
I once got "pulled over" by the State Park LEO while hosting some friend's on my old Catalina 25. It is a small inland reservoir, there was no wind, so we were just motoring, but three of us were in the cockpit, and two were forward of the cockpit on the cabintop roof. LEO stopped us, only a warning though, stating that EVERYONE had to be in the cockpit. I guess the rationale was that, even though sailboats are sailed often with people forward of the cockpit, since we didn't have the sails up, there was no need for anyone to be out of the cockpit, and to be such was unlawful. fortunately, no one had been drinking. It was a bit of a bummer tho, because the cockpit got quite cramped.
 
Nov 6, 2006
9,884
Hunter 34 Mandeville Louisiana
I have a close friend who was charged with "BUI" while sailing his Tartan 37 in the vicinity of the Thomas Point Light on the Chesapeake at the South River. He is the only guy I know who's been charged.. I witnessed a case where a guy, alone, right outside of Slidell on Lake Pontchartrain, had passed out on the cockpit floor while his boat (Catalina 34) motored slowly in a 300 yard circle.. We couldn't see anyone at the controls so after a short while, called the local sheriff who sent out a boat and they saw the guy.. They thought he had died, but when they carefully boarded, they realized what had happened.. They took his boat back to a dock, and didn't arrest or charge him.. took him home to his wife!.. Probably cost him more than a BUI !