Boating and Drinking

[tcb]

Hi All,

Having a conversation with my brother yesterday on the eve of our first trip of the year, the discussion turned to alcohol and boating.

Not to sound like an uneducated moron, but neither of us knew what the rules were for drinking while on the boat.

For your information: http://www.boat-ed.com/wa/course/p4-5_alcoholdrugs.htm

Please be safe, I have seen many, many folks get hurt on the water. Last summer I helped paramedics pull a very hurt girl off of some rocks on Banks because the group she was with decided cliff jumping was 'cool' after a day of drinking.


- Tim

[beerman1981]

So, as long as the driver is not intoxicated, it sounds to me like it is legal to have a beer or two while you are fishing on the vessel, as long as no one is getting out of hand. Is this everyone elses interpretation?

Joe

[tcb]

My interpretation is the exact same as if you were driving a car. You can get nailed for being impaired, as well as intoxicated.

Since a field sobriety test isnt exactly practical and the ratio of boats to enforcement officers on most lakes is laughable, the chances of being given an OUI is slim to none. Being given an OWI is probably a bit higher, and almost guaranteed if its in relation to an accident.

This being said, I dont know anyone personally who has been charged with OUI/OWI except for the boat operator in the scenario in my original post.

edit: also note that a couple beers can seem like 4-5 if you arent drinking water (or any other hydrating liquid) thanks to Mr. Dehydration.

[fishunt83]

Im not sure if it depends on where you are as far as what lake or not. I know that when I am out on Lake Washington for Sea Fair, drinking is allowed to all personnel that are not driving the boat. Therefore the driver/s of the boat are not allowed to drink but all others are. We learned this when the police did a safety check on our boat. They explained the laws of alocohol to us

[TroutCowboy]

I think in simplest terms, the same rules (.08 blood alcohol, age, etc.) apply to boating as they do on the road.
However, I think the big difference here is there's no open container restriction.**

So, unlike in a car, you can be "pulled over" with a beer in hand but not necessarily be in trouble for just that. Of course that's as long as you're not underage, intoxicated or violating any other rules (speed, life jackets, etc.) in the eyes of the officer.

Keep in mind, unless you live on or are camping on that body of water, you will have to get back into your car eventually to pull your boat home, where you must play by the DUI rules and you better not hit me with my carload of kids. [-x

Common sense applies, obviously. I enjoy drinking cold ones while out on the water just like anyone else might. But while you might think it'd be a snap to drive a boat on a wide open body of water -- with no stripes to stay within or shoulder to run off of -- consider that you might not even encounter a fellow "buzzed" boater, just an uneducated one (don't get me started on jet-ski operators!! ), and have to second-guess which direction he's going to turn next and a few beers will certainly not sharpen your reaction times.

Have fun, man. Crack a few cold ones for the rest of us. But be safe. And drink a lot of water inbetween those beers -- those dehydration hangovers can be brutal!!

** Don't quote me on this -- I'm no officer or attorney. Someone PLEASE correct me if I'm wrong -- I've been operating successfully under this assumption for years on bodies of water like Lake Washington as well as lakes here on the dry side of the state. I'm still Googling to try to get confirmation.

P.S. I just saw the post that went in after I'd already started this reply. Sounds like the rules may be different based on the body of water -- or even the event, in teh case of Seafair when Lake Washington is OVERLOADED with boats and/or drunks. I guess the rule to follow is do your homework before you hit the water.

[TroutCowboy]

Still trying to verify the legality of an "open container" for the driver while boating, but I found this interesting:

"The penalties for a BUI criminal conviction are less harsh than that of a DUI conviction. In fact, a BUI is merely a misdemeanor crime carrying a maximum penalty of 90 days in jail and a $1,000.00 fine. A BUI does not require mandatory penalties as a DUI conviction does require mandatory DUI Penalties."

And, unlike a DUI, you can refuse the breath test for a BUI without the harsh consequences of doing so for a DUI (automatic license suspension, etc.):

"Further, there are no consequences in refusing the BAC breath test for a BUI. There are no driver license sanctions when refusing the BUI breath test nor are there any driver license consequences with a BUI criminal conviction. A BUI is still a criminal conviction, and is aggressively enforced."

I found this info here:

Seattle DUI Attorney

[gpc]

I know there coming down a little harder on this. The call it a BUI. Last year for Sea Fair I know they set a record for how many theyve ever given in one day for Sea Fair. Im not exactly sure if its still a .08 like driving or not . Another thing Im not sure about is if the size of the boat matters. Because if you have a 11 footer with an electric motor I dont see you geting into too much trouble as compared to a 20 ft Skeeter with 250 ponys?!? But I do know they are cracking down on BUIs

[bigastrout]

I think its if it has a motor including trolling motors you are subject BUI laws.

[hewesfisher]

Im not exactly sure if its still a .08 like driving or not . Another thing Im not sure about is if the size of the boat matters. Because if you have a 11 footer with an electric motor I dont see you geting into too much trouble as compared to a 20 ft Skeeter with 250 ponys?!?

The link tcb posted states .08 just like operating a motor vehicle. I think the key words are "operating a boat" so I would take that to mean just that, if you are causing a boat to move, then you are operating it, whether by oar, electric motor, wind power, or gas motor. Remember, you can pose a hazard to others as a result of imbibing.

My wife and I went through a 13 session US Coast Guard safe boating course last winter, and the sheriff's deputies that came on the last day of class made it clear they view this as a serious offense. Lake Couer d'Alene has lots of big boats and lots of partying. I know the officers are clamping down on this, and WA is right in step.

Speaking of that, Trout Cowboy makes reference to the fact there are no driver's license suspensions when operating a boat - for now. Soon, everyone who operates a boat with more than 15hp will be required to obtain a Boater's Education Card. For more information see this website: http://www.parks.wa.gov/boatersafety.asp

[tcb]

Speaking of that, Trout Cowboy makes reference to the fact there are no driver's license suspensions when operating a boat - for now. Soon, everyone who operates a boat with more than 15hp will be required to obtain a Boater's Education Card. For more information see this website: http://www.parks.wa.gov/boatersafety.asp

I can't wait!

[fishunt83]

In a way its good but in a way its gonna frustrate the hell out of me!

[YellowBear]

I keep this pretty simple.
No Booze on my boat at anytime.

[cole steffens]

all im gonna say is im guilty of it and please know your limitation

[beerman1981]

all im gonna say is im guilty of it and please know your limitation

Exactly dude. There are a lot of serious accidents on the water when boaters decide to get annihilated. However, like you said... Moderation. Nothing beats being out in the boat, fishing and sipping on a couple of cold ones while you enjoy mother nature. It's when people take this into excess, and a couple of beers turns into 8 or more that we wind up having problems. Know your limit, drink some water instead of beer, and exersize safety.

Joe