BUI while Anchored??

[rpwillia]

Potomac River observation and question

On the Potomac river I have never seen a sailboat stopped. Too many power boats and jet skis doing things to attract attention - sailboats just do not make for a high value target. Now if you are anchored out and barney is sitting by in stealth mode waiting for someone to go roaring by and you make some noise, you may get a visit.

Would pork rinds count as food? Certainly beer should count as getting your carbs. So if you are eating pork rinds and drinking beer that gives you your daily quota of protein and carbs.

 

[DannyS]

Two quick stories that actually happened to me...
We were anchored in 8-10 feet of water less than 100 feet from shore after a long day of sailing. My wife and I jumped in the dinghy for a quick trip to the outhouse on shore, no PFD's. Park Service boat flew over to us and tagged us for the offense. They said they were going easy on me because they only gave me a ticket and not my wife. I didn't argue because I was in the wrong by the letter of the law, but what gets me is that if we had jumped off the boat and swam to shore, they couldn't have done a thing.
Second story, We were pulled over by the Coast Guard for a routine boat check, no problems and the Coasties were very nice and professional. We did have a few crushed beer cans on the floor that they asked me about. They said that I didn't appear to be drunk or under the influence but they had to ask and they didn't press me on the issue. That was it, and they left. The experience was pleasant and easy although having any authorities questioning me always gets me a bit nervous.
By the way, we were motoring home and not at anchor.

 

[Buck420]

TOTALLY agree w/ u Stu....
But, rather than fight a loosing battle; just put 4 inexpensive PFDs ( and a couple of dollar store whistles and what ever else the LEOs may want to harass you about) in the dingy and just leave the stuff there.
The REAL reason for the harasment, as well as for stop-light camera ticketing and most moving violation type traffic tickets is for REVENUE for the locality. It has vertually nothing to do w/ actual safety ... that's just the EXCUSE to give you the "revenue generating invoice".

We really can't fight the "high and mighty" b___ s___ claims that theses laws are to "keep the public safe". All you can do is be smarter than Barney. Buying all the PFDs, etc, costs maybe half what the revenue generating invoice costs; and if everybody did it, the lack of revenue just might cause some localities to reduce the number of marine LEOs when they realize they're not producing enough .... revenue !
Wouldn't that be sweet ! !

 

[Scott B]

So far this thread has been hypothetical stories and no concrete cases of boardings while anchored and drinking charges being laid.

 

[MoonSailer]

Part of the problem is that the law doesn't define where it is legal to drink. I looked at several state laws and all were very clear that they would arrest you and do horrible things to you if they caught you boating under the influence. Not one said that if you were at anchor it was legal to drink. It is the climate of fear where you never know what is legal and they are under no obligation to tell you what is illegal. It is a fear tactic to keep people always afraid. I would love it if some states published simple english law books so that people knew what was legal. Another roblem is that LEO's can enforce laws or not and DAs can enforce laws or not and this adds another level of fear and confusion. Also there is the job security factor. A number of arrests "proves" the need for laws and LEO's. Then you have political groups like MADD pushing to outlaw alcohol consumption completely. Americans never know their rights under the law. Sure we told we are free but then get arrested for drinking a beer in public.

 

[Maine Sail]

Wow...

Part of the problem is that the law doesn't define where it is legal to drink.

The Code of Federal Regulations (CFR), which is where the COLREGS are also defined, defines this pretty clearly.


I am amazed that I can go away for a while and still nobody referenced the 33 CFR Part 95 which is quite clear in its definition of "underway" when it pertains to drinking.

33 CFR PART 95—OPERATING A VESSEL
WHILE UNDER THE INFLUENCE OF
ALCOHOL OR A DANGEROUS
DRUG

"Underway means that a vessel is not
at anchor, or made fast to the shore, or
aground"

"95.015 Operating a vessel.
For purposes of this part, an individual
is considered to be operating a
vessel when:
(a) The individual has an essential
role in the operation of a recreational
vessel underway, including but not limited
to navigation of the vessel or control
of the vessel’s propulsion system.
(b) The individual is a crewmember
(including a licensed individual), pilot,
or watchstander not a regular member
of the crew, of a vessel other than a
recreational vessel."


Please use CFR 33 Part 95 as your defense when the over reaching, uninformed & barbaric buffoons try to snip you for having a cocktail on board while at anchor.

CFR 33 Part 95 (LINK)

P.S. I just printed this out to keep on board.. Hope this answers the question..? Some states may super-cede this but it is unlikely that many would as the COLREGS which are defined in the CFR are widely accepted by each state.

 

[Stu Jackson]

Wow.

Logic.

How utterly sublime...

 

[Maine Sail]

Wow.

Logic.

How utterly sublime...

Call me crazy.....

 

[Jim Seamans]

Ok new name for Maine Sail - Crazy Maine Sail

thanks Crazy

 

[Seattle Scott]

Here is the Washington State law

You have to be "operating" the boat, and the definition of "operating" requires the boat to be "underway", so if anchored, you cannot commit BUI.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Boating Under the Influence: RCW 79A.60.040 / Reckless Boating: RCW 79A.60.040
.
(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under > RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under > RCW 46.61.506; or
(c) The person is under the influence of or affected by intoxicating liquor or any drug; or
(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.
​

(16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

 

[Lee Coller]

typo

You have to be "operating" the boat, and the definition of "operating" requires the boat to be "underway", so if anchored, you cannot commit BUI.
(16) "Operate" means to steer, direct, or otherwise have physical control of a vessel that is underway.
(17) "Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

Wow, by that definition you could be on a boat totally drunk dragging anchor and still not be BUI, but if you started to fix the problem you would be BUI.

To me that's the best argument to watch your intake even when at anchor.

 

[Tom S]

........

To me that's the best argument to watch your intake even when at anchor.

Or get a bigger and better anchor

 

[Bob S]

Last Saturday we anchored outside Edgartown on Martha's Vineyard. The NOAA weather forecast didn't show much for wind but temperatures where perfect. The admiral and I went for a nice dinner and had a glass of wine each. We dinghied back to our boat around 10:30 with a full moon and the sea was like glass. Around 1:30 it started blowing out of the north. It kicked up between 25-30kts. By 6:30 am we had 4-6 foot breaking waves. I have never experienced anything like this before. I struggled for 15 minutes trying to bring up the anchor as my wife steered in the direction I was pointing in. I can tell you that I was very happy I wasn't drinking at dinner!

 

[RichH]

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

Most state DUI laws dont differentiate between moving and non-moving 'vehicles'. If you are **drunk** and you are in (or ON) a vehicle (auto, truck, tractor, riding lawn mower, bicycle, horse, donkey, boat, roller-skates etc.) you are subject to the DUI laws. So, if you are above 0.08 BAC and you are **ON your boat*** (at anchor, at your slip/mooring), in most states, you are definitely subject to the DUI laws.

Incidentally, if you are drunk, were driving, but are NOT inside nor on the vehicle, but laying along the side of the road, etc. and clearly outside of the 'vehicle' ... you are not subject to the DUI laws (if there are no witnesses and you can keep your mouth shut). So, if the water nazi are near/prowling and you are drunk .... dont get ON the boat but sleep on the dock or a bench for the night.

On of the worst accidents I ever responded to as a paramedic was vehicle vs. a cow being ridden by the 'town drunk'. His drivers license was long suspended so he rode a damn cow to the local hangout and on the way back he 'wandered along the roadway' with the cow causing an accident .... instant pokey time when he was 'released' from the Hosp., the cow ...... instant 'hamburger', an *unbelievable* mess when hit by an 18 wheeler. BTW- he was previously arrested for driving a lawn mower (back from the local gin mill) DUI and while his driving license was already suspended. ..... and they vote.

 

[Tom S]

......So, if you are above 0.08 BAC and you are **ON your boat*** (at anchor, at your slip/mooring), in most states, you are definitely subject to the DUI laws. .........

Huh !?! What states are they? Is Maryland like that? Are you sure or just repeating something that someone once said or that you interpreted that way.

Yes if you are over the limit and sleeping in the back seat of a car and the keys are in the ignition they can get you, but I am pretty sure its a LONG stretch for any LEO or local DA to prosecute anyone for being over the limit WHILE TIED UP AT YOUR OWN SLIP"

Not to be a hard azz, but please do us all a favor and show us the statute and/or ordinance in your state that says you can get a BUI while sitting on your own boat at the dock. Just about all laws and ordinances like this are on the internet . Please find it for us -- especially since you wrote " -DEFINITELY- subject to the DUI laws........." If you are so definite than it should be easy for you to find some facts and links to support your claim.

Trust me that is a BOGUS assertion - They then could start writing DUI in peoples homes and apartments then (disorderly conduct while drunk is another issue). The only way they could get you while you were sitting on your boat is if they possibly had proof you sailed it in to the slip earlier while BUI

 

[Scott B]

Rich, the difference being your boat becomes a residence while anchored or tied up and your vehicle is always your vehicle.