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