Curious about DUI on a boat...

[TroutBumDave]

So, this may be a stupid question, but I just don't know. If I'm out in my pontoon boat, or any boat for that matter, and I crack a cold one can I get in trouble? There aren't "open container" laws for boaters, are there? I imagine you could get a DUI if you crashed your boat or ran someone over while you were plowed, but can an officer give you a sobriety test while he's checking your license?

Thanks.
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[Q_Ball]

Basically the same laws for vehicles apply to boating. Your pontoon or float tube qualifies as a boat. A few years ago we were check and thankfully we were anchored and had not opened mine yet, otherwise my buddy would have received ticket.
Sometimes the refreshing cold one isn't worth it.

See link below.


http://static.stateparks.utah.gov/docs/B...lights.pdf
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[sinergy]

Yep Same as your car, and the punishments are now stricter since those three idiots hit that gal in Pineview.
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[a_bow_nut]

I couldn't tell ya about the open container but the law is very clear about their DUI laws.

If your boat has a motor then you are held to the same standards as when you are driving a car.

If it doesn't have a motor then you are free to drink to your harts content.

Until its time to drive home that is.[]
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[FISHAMANIAC801]

Unicycle-bike-walking-floattube-camel-car-paragliding doesn't matter same same! Dont do it aint worth the hassel nor the expense !!! [sly]
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[RockyRaab]

I dearly love a good beer, but there are two reasons I never drink while fishing. One, it's DEhydrating because processing alcohol uses up more body water than the beer contains; and Two, there's the drive home.

There have been times when I wished I had one in the cooler, but I got over it - until I got home.
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[gaardvark]

From the boating laws as published:
Utah law prohibits a person under the influence of alcohol and/or drugs to operate a motorboat.
...
The operator of a motorboat may not have an open container of an alcoholic beverage while the boat is in operation. A person operating a motorboat on Utah’s waters is considered to have given consent to take any chemical test requested by a peace officer who feels the person has been operating a motorboat while under the influence of alcohol and/or drugs.

I may be wrong, but it appears to me that there is specific mention of a motorboat, so I would guess as long as you are not guilty of public intoxication, you would not be subject to DUI if drinking while in a tube or kickboat.

Of course, this is only my interpretation, not an endorsement of getting plastered. And in truth, it doesn't have any direct relevance to my choice of beverage anyway.
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[Ktrout]

That is the same way I understood the law. I have seen lots of people floating down the Weber river with beer in hand while the cops make sure they have a PDF on. But never seen anyone get in trouble with drinking while in a tube. Also I understood it that you can drink while in a boat, which is clearly not allowed in a vehicle, as long as you are not the one operating the motorboat. So it seems as though you can drink while in a toon, kickboat, raft, kayak etc, as long as you don't have a motor.

Also not endorsing it, just clarifying the facts.
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[mojorizing]

[quote gaardvark]From the boating laws as published:
Utah law prohibits a person under the influence of alcohol and/or drugs to operate a motorboat.
...
The operator of a motorboat may not have an open container of an alcoholic beverage while the boat is in operation. A person operating a motorboat on Utah’s waters is considered to have given consent to take any chemical test requested by a peace officer who feels the person has been operating a motorboat while under the influence of alcohol and/or drugs.

I may be wrong, but it appears to me that there is specific mention of a motorboat, so I would guess as long as you are not guilty of public intoxication, you would not be subject to DUI if drinking while in a tube or kickboat.

Of course, this is only my interpretation, not an endorsement of getting plastered. And in truth, it doesn't have any direct relevance to my choice of beverage anyway.[/quote]
I think he's correct too. No motor- no motorboat. Go motorless if you want to drink.
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[TubeDude]

[cool][#0000ff]Hey, if our oil companies can mix gas and alcohol why can't we?[/#0000ff]
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[inline "DRINK BOATIN'.jpg"]
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[FishSlayer2112]

people have got dui's by just having car keys in their pocket. And people have got open container violations by having empty beer cans in their trunk.

.08 whether you're anchored, driving, parking, or in control of any vessel or vehicle.
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[CoyoteSpinner]

Seems you've flushed out your answer.

How I've understood it - bit more lenient than an auto. Just can't have an "open container" when under motor.
So park it before you pop it. But as stated - there's still the .08 rule , and common sense - to abide by. Easy to get tippy when you're tipsy.


So as George Carlin once put it - don't drink AND drive, do all your drinking and THEN go driving!
I do not condone this remark, just think GC is a funny guy!

[Basseidon]

If it requires a key to start it, don't have any alcohol near it, you can get a DUI on a lawnmower! I don't like to drink and fish anyways, I end up spending more time peeing and BSing than actually fishing. I save the boose for the fishfry! Besides you don't want to get caught peeing in the lake, someone on here may see it and start another post about the health hazards related to urine in our crystal clear, pure, ready to drink lakes []
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[TroutBumDave]

Alright, so I fair amount of info in here, thanks. I read over that link that was posted and I still have some gray area. So, let's assume I'm the driver of the boat and my two passengers are both drinking. I had one beer earlier in the day when we were shore fishing. Fish cop decides to come check us and notices open containers in the boat. I am clearly under the legal limit, but my buddies are good and sloshed.

Do I get a ticket for open container? What if I haven't been drinking at all? The way I read it, you can only get in trouble with an open container if you're the person driving the boat -- but that's pretty damn vague if your buddies are the ones drinking. If how I read it is correct, how would the crick-dick know?

I know I'm beating this point to death, and tell truth, I don't even drink -- but I've noticed people on this site posting pictures of fish in their boat and there are open beer cans/bottles all over the place. I just wanted to clear things up and maybe give heads up to those fella's that might be doing something wrong and don't know it.
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[Jazzperch1]

see im not sure about it either, cause sometimes ill be out in my tube and fishing is slow so ill drink a cold one or two and continue to fish, ya i may get a slight buzz but im not wasted or anything and by the time i drive home(hours later) im fine, so i dont see the big deal if your in a floating tube without a motor, but with a motor that could cause issues with the people that over do it.
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[flygoddess]

If the driver is sober, the open containers shouldn't matter, however there is also PUBLIC INTOXICATION.
There is a difference in drinking and being drunk however one leads to the other.
You can get charged just walking down a street drunk.
Plus, they don't want you stinking drunk in a bar either.
So, if you want to get that drunk, do it at home.[]
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[Ktrout]

Jazzperch1, legally you are fine to drink in your tube as long as it does not have a motor. But if you attach a motor to it, then it is illegal. Also not endorsing it, just like I wouldn't recomend people drink too much and swim.

TroutBumDave, regarding whether you could get an open container violation if you did not have a drink while operating a motorboat, but had one beforehand and your buddies were still drinking while you were opearting the motorboat, the answer is probably yes. But it is actually not against the law to do that as long as you were under .08. What I mean is that a cop could get by what was going on and write you a citation, even though you (I say you just for an example since you don't drink) did not actually do anything wrong.
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[fishnutts]

There is a logical answer for your question [], As you see the fish cop approaching, you throw your sloshed fishing buddies and their open containers over board, and take off in the boat, while the fish cops are fishing your buddies out of the water, you escape with the remaining beer in the cooler and all the fish they caught. ok, maybe i did not state that exactly how i would do it, i wouldn't throw the open containers overboard, i just hate to see beer go to waste.
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