Drinking and boating

gpomplin

I've posted enough I should edit this section
Oct 13, 2006
3,214
0
Santee
Name
gary
Boat
A BIG RUBBER DUCK
Just heard on the news this weekend there is a big push on drinking and opperating a boat they say that even if there is an empty open beer can in the boat they will be writting tickets for open containers and checking for under the influance,(opperating under the influence) So be carefull we dont need any BDrs taged...Have a safe fishing weekend...:finger::finger:
 

T BICKLE

super cool LA guy
Sep 27, 2007
3,689
5
Culver city
Name
garrett
Boat
16ft ebbtide under construction
were you "opperating under the influance" when you typed this post?

jk thanks for lookin out
 

Burndog

I've posted enough I should edit this section
Dec 26, 2005
326
8
Dana Point
Name
Steve
Boat
Wellcraft 232 Coastal
Open container? I thought the law was you could drink all you like as long as you are not drunk (whatever the current legal percentage of etoh in your system)?
 

gpomplin

I've posted enough I should edit this section
Oct 13, 2006
3,214
0
Santee
Name
gary
Boat
A BIG RUBBER DUCK
Open container? I thought the law was you could drink all you like as long as you are not drunk (whatever the current legal percentage of etoh in your system)?
the way they talked it is the same as a open container in a automobile
 

Burndog

I've posted enough I should edit this section
Dec 26, 2005
326
8
Dana Point
Name
Steve
Boat
Wellcraft 232 Coastal
"""A person arrested for operating a motorboat under the influence may be requested
to take a blood or breath test to determine blood alcohol concentration (BAC).
Refusal to take the test may result in increased penalties (fine, or jail, or both) if
convicted. A BAC of .08% presumes intoxication, a BAC of .05% but less than
.08% may be used with other evidence to determine intoxication. """
 

gpomplin

I've posted enough I should edit this section
Oct 13, 2006
3,214
0
Santee
Name
gary
Boat
A BIG RUBBER DUCK
"""A person arrested for operating a motorboat under the influence may be requested
to take a blood or breath test to determine blood alcohol concentration (BAC).
Refusal to take the test may result in increased penalties (fine, or jail, or both) if
convicted. A BAC of .08% presumes intoxication, a BAC of .05% but less than
.08% may be used with other evidence to determine intoxication. """
just like driving on the road DUI same laws apply
 

BiggestT

I've posted enough I should edit this section
Sep 8, 2004
12,620
7,647
Fullerton
Name
SM
Boat
Salsipuedes & Czech Mate
If there is an open container within reach of the operator, they assume he's drinking while driving. Containers with other passengers out of the operator's reach are treated like drinking in the back of a motorhome while underway.
 

Burndog

I've posted enough I should edit this section
Dec 26, 2005
326
8
Dana Point
Name
Steve
Boat
Wellcraft 232 Coastal
just like driving on the road DUI same laws apply
I think there is a difference. You can drink but just not to the point of getting legally drunk. SO the open container thing is not applicable. If it is, there are a bunch of us that need to reconsider some of our habits.
 

Marcus

"Oddjob"
May 21, 2004
7,967
321
45
Carlsbad
Name
Marcus
Boat
Tuna Jihad toilet cleaner/Intrepid
the way they talked it is the same as a open container in a automobile
While there is no "open container" law for boats, as there is for vehicles, it is just as illegal to operate a boat under the influence as it is to drive a car while under the influence.

From the article posted above
 

johnnylite

Never too late to change.
Sep 19, 2006
3,792
17
Camarillo
Name
John
Boat
Triumph 210cc
Operating either a car or boat while legally intoxicated makes you one dumb asshole.
No excuse, no reason.

My .02
 

Bigfish69

Dirty Fisherman
Jun 19, 2006
4,248
0
Lakeside Ranch
Name
JOHN
Boat
Wellcraft V-20, 200 hp etec, 85' Holiday sportfisher
Ahhh shit,,,gotta change the strategy. Here hold the wheel Harold!

69R
 

gpomplin

I've posted enough I should edit this section
Oct 13, 2006
3,214
0
Santee
Name
gary
Boat
A BIG RUBBER DUCK
just talked to the coast guard and was told no drinking at all while the boat is in motion and no open containers in the boat at all. he told me if you do have any wash them out good and crush them and put in a bag of sorts before getting back underway and yes if the do suspect that you have been drinking they can ticket and arrest you and impound the boat..
 

DawnPatrol

Cora's & Hollis' GrandPa
Mar 27, 2005
1,293
18
Fletcher Hills
Name
Alan
Boat
2520 Parker SL 250 Yammie
I love to drink as much as the next guy-- especially after a long day of fishing. And I am not preaching to anyone, you do what you wish, but when I am operating my boat I want all my faculties in place for anything that happens unexpectantly out there-- its a very unforgiving environment out there, especially offshore. I am responsible for all persons on board, so I'm on the wagon until I get off my sled
 

Bigfish69

Dirty Fisherman
Jun 19, 2006
4,248
0
Lakeside Ranch
Name
JOHN
Boat
Wellcraft V-20, 200 hp etec, 85' Holiday sportfisher
just talked to the coast guard and was told no drinking at all while the boat is in motion and no open containers in the boat at all. he told me if you do have any wash them out good and crush them and put in a bag of sorts before getting back underway and yes if the do suspect that you have been drinking they can ticket and arrest you and impound the boat..
Is that right?:1041677399:

So no one on deck can have and open container while the boat is moving?

Dangit, time to sell the boat.

69R

P.S. Is there a web site we can access more of this info from?
 
Last edited:

gonsurfn

I've posted enough I should edit this section
Feb 12, 2004
1,018
144
Ocean Beach - SD
www.fairwindsca.com
Name
Sal
Boat
2005 Grady White 180 Fisherman
just talked to the coast guard and was told no drinking at all while the boat is in motion and no open containers in the boat at all. he told me if you do have any wash them out good and crush them and put in a bag of sorts before getting back underway and yes if the do suspect that you have been drinking they can ticket and arrest you and impound the boat..
Interesting....I was stopped about a year ago by the CG and was inspected. At the time, we had just gotten out of the water from surfing and had just cracked a beer for each of us (2 people). CG asked if i knew the law about DUI on the boat...said it is same as car but open container was OK as long as you are not drunk. I didnt get his name but he was training new cadets at the time.
 

minibic

God damn i look good!
Aug 24, 2008
239
0
San Diego/CA/USA
Name
Matt
Boat
any thing that floats
i guess you all are to old to remember lake havasu?, all i know is that on the california side or arizona side as long as you aren't driving you can drink till your dead. don't think that the laws would be different from fresh water to salt, and doesn't the coast guard part of the military? could have sworn it was the police that do the policing. coast guard is more concerned with trafficking of drugs, people, and weapons, bui arrests is of no concern unless you fall out of your boat and they have to come look for you.
 

Burndog

I've posted enough I should edit this section
Dec 26, 2005
326
8
Dana Point
Name
Steve
Boat
Wellcraft 232 Coastal
just talked to the coast guard and was told no drinking at all while the boat is in motion and no open containers in the boat at all. he told me if you do have any wash them out good and crush them and put in a bag of sorts before getting back underway and yes if the do suspect that you have been drinking they can ticket and arrest you and impound the boat..
Good job calling the Coasties Gary. I did the same regarding having a gun on board.
 

Otto

I've posted enough I should edit this section
Aug 1, 2008
1,505
463
San Diego
Name
Floyd - Guy from Repo Man
Boat
19 SeaPro
Just called Harbor Police. It is legal to drink and drive. Your not allowed to be drunk and drive. Same laws apply when your over .08 drunk. You going to jail.
 

Burndog

I've posted enough I should edit this section
Dec 26, 2005
326
8
Dana Point
Name
Steve
Boat
Wellcraft 232 Coastal
Here's some more online info on the subject:

California Boating Under the Influence - Boating DWI, Boating & Open Containers, California Dui Penalty, California DUI Lawyers
boating & open alcohol containers

California allows consumption of alcohol aboard vessels and boats for both passengers and private leisure boat operators, yet enforces the state's legal BAC limit for operating a motor vehicle or vessel of .08% and below, or under the influence.

and then there is this Lawyer that says the following:

DUI Boating

The Harbors and Navigation Code does not bar passengers or the operator of a boat or watercraft from drinking alcohol or carrying open containers in the vessel. Aside from this fact, a BUI offense is almost identical to the California Vehicle Code's explanation of operating a car or truck with a BAC at or above .08%. The details of the regulation can be found in California Harbors and Navigation Code Section 655:
(b) No person shall operate any vessel or manipulate water skis, an aquaplane, or a similar device while under the influence of an alcoholic beverage, any drug, or the combined influence of an alcoholic beverage and any drug. (c) No person shall operate any recreational vessel or manipulate any water skis, aquaplane, or similar device if the person has an alcohol concentration of 0.08 percent or more in his or her blood. (d) No person shall operate any vessel other than a recreational vessel if the person has an alcohol concentration of 0.04 percent or more in his or her blood.






Personally, I like a cold one while boating but also being anywhere near drunk is out of the question.
 

Bottom Line

Village idiot
Jul 9, 2006
6,577
1,972
Warner Springs
Name
Steve
Boat
Invader CC - Bottom Line
Well, the Coast Guard I deal with has stopped/checked me on several occasions over the years - most recently during this past bug season. I was drinking a beer and operating the boat. I asked specifically what the law is and they said operating the vessel while impaired is against the law but there is NO rule that states that alcohol can't be consumed by the operator.

When returning from an offshore trip, it is my custom to crack a beer at the entrance to the bay and consume it by the time I reach the dock - totally legal.....
 

tuna taxi

I've posted enough I should edit this section
Jun 11, 2004
1,743
92
49
92335
Name
Jorge
Boat
20' Skipjack
Whatever you do just be safe, don't be the idiot that has his face planted on the 10 o'clock news.

If they enforce the open container policy they're going to have to line them up. Perhaps they should have an, 'On the water sobriety checkpoint'........I can here the theme to Benny Hill playing in the background.