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Ouick Member Query...

Discussion in 'Ask All Sailors' started by Rick D, Jan 9, 2017. Add this thread to a FAQ

  1. dscribner

    dscribner

    Joined Nov 9, 2008
    1,303 posts, 28 likes
    Lancer 25
    US Biddeford, 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.
     


  2. gpd955

    gpd955

    Joined Feb 22, 2006
    1,162 posts, 7 likes
    Catalina 310
    US 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/
     


  3. David in Sandusky

    David in Sandusky

    Joined Nov 8, 2007
    887 posts, 41 likes
    Hunter 27_75-84
    US Sandusky Harbor Marina, Lake Erie
    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.
     


  4. Richard19068

    Richard19068

    Joined Jun 11, 2004
    565 posts, 8 likes
    Oday 31
    US Redondo Beach
    Rick,
    Can you cite the proposed bill so I can write to my representatives to oppose it?

    Thanks
     


  5. sailnewbie

    sailnewbie

    Joined Feb 13, 2016
    547 posts, 38 likes
    macgreggor venture 224
    us athens ohio 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
     


  6. justsomeguy

    justsomeguy

    Joined Feb 20, 2011
    5,073 posts, 335 likes
    MacGregor, Island Packet 35
    US Tucson, AZ/Puerto Penasco, MX
    Legally, up to a point. After that, it's just stupid.
    Check with your state's revised statutes.
     


  7. sailnewbie

    sailnewbie

    Joined Feb 13, 2016
    547 posts, 38 likes
    macgreggor venture 224
    us athens ohio ohio river
    Not quite following
     


  8. dlochner

    dlochner

    Joined Jan 11, 2014
    766 posts, 149 likes
    Sabre 362
    US Oswego, NY
    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. ;)
     


  9. justsomeguy

    justsomeguy

    Joined Feb 20, 2011
    5,073 posts, 335 likes
    MacGregor, Island Packet 35
    US Tucson, AZ/Puerto Penasco, MX
    The only people that are drunk while aboard are passengers and fools.
    dlochner's got it.
     


    Allan12210 likes this.
  10. The Garbone

    The Garbone

    Joined Nov 7, 2012
    663 posts, 15 likes
    1978 Catalina 30
    US Wilbur-by-the-Sea
    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.......
     


  11. sailnewbie

    sailnewbie

    Joined Feb 13, 2016
    547 posts, 38 likes
    macgreggor venture 224
    us athens ohio 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
     


  12. dlochner

    dlochner

    Joined Jan 11, 2014
    766 posts, 149 likes
    Sabre 362
    US Oswego, 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?
     


  13. sailnewbie

    sailnewbie

    Joined Feb 13, 2016
    547 posts, 38 likes
    macgreggor venture 224
    us athens ohio ohio river
    Interesting they must need more dui stops in that area
     


  14. dlochner

    dlochner

    Joined Jan 11, 2014
    766 posts, 149 likes
    Sabre 362
    US Oswego, NY
    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.
     


  15. justsomeguy

    justsomeguy

    Joined Feb 20, 2011
    5,073 posts, 335 likes
    MacGregor, Island Packet 35
    US Tucson, AZ/Puerto Penasco, MX
    I disagree. But I wouldn't stop you. That's the control freak's job. :biggrin:
     


  16. justsomeguy

    justsomeguy

    Joined Feb 20, 2011
    5,073 posts, 335 likes
    MacGregor, Island Packet 35
    US Tucson, AZ/Puerto Penasco, MX
    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:
     


  17. dlochner

    dlochner

    Joined Jan 11, 2014
    766 posts, 149 likes
    Sabre 362
    US Oswego, NY
    No sales tax in New Hampshire. Just a few miles north of Boston MA. They got some of my money. :)
     


  18. shemandr

    shemandr

    Joined Jan 1, 2006
    2,674 posts, 143 likes
    Marblehead Skiff 14'
    US Greenport, NY Greenport, NY
    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.
     


  19. Rick D

    Rick D

    Joined Jun 14, 2008
    6,116 posts, 66 likes
    Hunter Legend 40.5
    US Long Beach, Shoreline Marina, 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.
     


  20. Rick D

    Rick D

    Joined Jun 14, 2008
    6,116 posts, 66 likes
    Hunter Legend 40.5
    US Long Beach, Shoreline Marina, CA
    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.
     



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