I have heard that some states and the USCG have nothing better to do than arrest boaters for drinking alcohol ""while at anchor"". Is this a fact in some areas?? What about dry counties can you drink on your boat without fear of the government. I don't want a debate about the wisdom of drinking while anchored but would like some facts about legal issues. most boaters that I know have something to drink while at anchor after a day of sailing. Is it legal?? Thanks
BUI while Anchored??
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As an opinion I think it would be rather like arresting people for drinking in public on the patio of a resturant. The intent of the law is the key to the question. Most "DRY" counties prohibit the sale of not the consumption of alcohol.
Well, start with "you have heard". From where? First hand? On the internet, then it must be true. There must be a law that states you can't drink on your boat at anchor. If that law does not exist it would be stupid for any agency to make an arrest. This leaves the agency open to charges of illegal or false arrest along with the potential for lawsuits. I seriously doubt the Coast Guard would participate in any action like this. Chuck
I wonder too?
Here in texas if you are sleeping in the back seat of a car and the keys are in it you can be charged with DWI. If passed out you will be convicted.
Here in texas if you are sleeping in the back seat of a car and the keys are in it you can be charged with DWI. If passed out you will be convicted.
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Like it most cases, it all depends on how much attention the boat draws. If the crew is drunk and making a lot of noise, then I can see any officer making an arrest and base it on alcohol. At the very least, they can get you with Public Intoxication as I've been told by law enforcement officials that it doesn't matter if you are on private property or not, if the public can see you and you make a scene, to jail you go.
Now having a crew sitting in the cockpit drinking beers and telling stories quietly, never heard of them being arrested.
Now having a crew sitting in the cockpit drinking beers and telling stories quietly, never heard of them being arrested.
Here in Ontario if you are on a ahored boat it is legal to drink if.. Your boat is equiped with sleeping quarters, a head, and cooking facilities. It is then considered a residence. Although I have heard of the OPP asking to see some food on board to prove you are actually residing there.
Calling a boat a legal residence is important in some circumstances like having a gun or alcohol. "In dry" counties it is legal to have open alcohol in your home but not in your car. So depending upon how your boat is defined an open bottle of rum is either legal or illegal. Same with a gun most circumstances say that it is legal to have a loaded gun in your home but it is illegal to have one in your car. Don't get me wrong as I am not at all in favor of drunk boating. But after the anchor is down for the night many people drink. I am not in favor of getting drunk on a boat(I don't get drunk). But I do drink sometimes.
The ILLOGIC is astounding. Let's see, the anchor is down. Does that mean you just anchored and are "presumed" to be going NOWHERE so it's OK to have a drink? Or does it mean you intend to IMMEDIATELY get ready to leave, and therefore can't have one?
What a load of crap!
Just keep the LEOs away from me.
Let them go chase the recklessly speeding blowboaters!!!
What a load of crap!
Just keep the LEOs away from me.
Let them go chase the recklessly speeding blowboaters!!!
You" heard " you are just sitting there on your boat minding you own business, and the the next thing you know the Coast Guard is arresting you for BUI. What a bunch of crap. Stories like that do a great bunch of professionals a disservice. Lay off the Coast Guard.
Allegations
Dick, I agree. It would be rare for the Coast Guard to pull that kinda crap. However, more and more reports are beginning to come in about the abuses of local LEOs. Harassment is becoming altogether too normal in certain areas of the country. There've been reports of it right here on this board, most usually for not wearing PFDs in dinghies in a recent topic. See: http://forums.catalina.sailboatowners.com/showthread.php?t=111463
This topic ratchets it up a notch, albeit unconfirmed and more of an unproven allegation of what COULD happen, as I discussed in my earlier posts on this topic.
The Coast Guard has a lot better things to do. Thank goodness.
Dick, I agree. It would be rare for the Coast Guard to pull that kinda crap. However, more and more reports are beginning to come in about the abuses of local LEOs. Harassment is becoming altogether too normal in certain areas of the country. There've been reports of it right here on this board, most usually for not wearing PFDs in dinghies in a recent topic. See: http://forums.catalina.sailboatowners.com/showthread.php?t=111463
This topic ratchets it up a notch, albeit unconfirmed and more of an unproven allegation of what COULD happen, as I discussed in my earlier posts on this topic.
The Coast Guard has a lot better things to do. Thank goodness.
Stu.. in the article you posted the boater was simply asked to show his PFD's. What is wrong with that? That is their job.
Stu ...Sure did. A simple story about a PFD check turns into a line of tales about enforcement. If ya follow the law you have nothing to worry about. If you don't you have to come up with a stroy why you weren't legal and why you should be left alone anyway.
did you get one?? usually is unlawful to drink and boat----usually the uscg doesnt board anchored boats---but homeland security will...goood luck.....
i've never seen a sailboat get stopped by LEO's at all they usually give us a wide berth as they go after the speed boaters and the PWC's .
here's a story for you
i was out single handing in 40+wind no one else in sight on the pond except my and the sherriffs boat and they were watching me till the waves got too big for them and then they ran and hid. i would too if i had their little boat
here's a story for you
i was out single handing in 40+wind no one else in sight on the pond except my and the sherriffs boat and they were watching me till the waves got too big for them and then they ran and hid. i would too if i had their little boat
Dick, there is that! I agree.
Where I have difficulty is when the law says you MUST wear it in a dinghy, as I discussed in that thread. They haven't yet mandated adults wearing PFDs on "motherships" but one respondent mentioned some states require wearing them in dinghies, which is utterly foolish, because the law was passed because of fishermen guys in flat bottomed skiffs falling overboard perhaps due to the inherent instability of those craft. Lemme know what's comparatively more stable than an inflatable dinghy.
Like I said, stupid laws breed contempt for the law, not compliance. I think that's worse.
Sand Sailor - You're on a lake. The experiences I have heard from my friends back east would make your skin crawl: mid day weekend folks dinghying in for ice and ice cream and maybe beer get busted for not having a PFD in their inflatables when they're all of 300 feet away from their boats and the dock, flat calm, 100 degrees out. Just harassment, stupid law. Yeah, yeah, yeah, they "shoulda brung" their PFDs, what's so hard about putting them in the dinghy? But if they're (the PFDs) down below in the big boat because they weren't wearing them on the mothership, or they've been in this anchorage for a few days and have put them away, and it's 100 degrees and no ones gonna wear it, and it's only 300 to 600 feet away in 3 foot deep water...???
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