Beer and boating [Archive] - The Michigan Sportsman Forums

numberguy77

06-26-2007, 08:44 AM

I originally posted this in another forum, but thought that perhaps this forum was more suited for my question.

The topic of drinking a beer while you're boating came up around the camp fire this weekend and again this morning around the water cooler. My view is that it is the same thing as driving a car, no drinking and driving for boating. Others that were in the discussion were quite adamant that you CAN drink while you are driving a boat. Anyone have a link to a site where I can get the official decision? Thanks.

spiritofthewild_06

06-26-2007, 08:57 AM

You cannot operate a motorvessel while drinking. It is the same thing as drinking and driving a car. When I was in the coast guard I was stationed near put-in-bay, not sure if you ever heard of the place but its a big party island. 90% of our boardings involved people operating there boats while intoxiced. You go to jail just like if you were out on the road. In fact they just lowed the blood alchol level to .08 from .10 I believe. If you are the operator and are not drinking make sure others are not drinking when you have your boat in gear as well. You can have alcohol on your vessel just don't have it open while its going. Go to this link below.
http://www.uscgboating.org/safety/bui.htm

bigcountrysg

06-26-2007, 09:05 AM

http://www.boat-ed.com/mi/handbook/alcohol.htm

This link above is for the Michigan boating hand book. It still states .10 is the legal BAC level wether or not that is correct I do not know.

Hunter54

06-26-2007, 09:47 AM

Ninja

06-26-2007, 09:54 AM

spiritofthewild_06

06-26-2007, 10:28 AM

The way I understand it is in Michigan waters you can drink a beer while you are driving your boat as long as you are not over the legal limit (intoxicated). DO NOT cross into canadian water though as it is illegal there to have any open intoxicants on board. I do not know about Ohio waters.

State regulations are different than federal regualations, remember if you are on the big lakes, that are patroled by the coast guard you are subject to federal regualations as well.

Ninja

06-26-2007, 11:03 AM

State regulations are different than federal regualations, remember if you are on the big lakes, that are patroled by the coast guard you are subject to federal regualations as well.

Please cite the Federal Statute.

Federal Regulations do not prohibit open containers in boats....by either the driver or passengers.

The point at which it is considered illegal to operate a boat, is when an individual's blood alcohol concentration (BAC) is registered at .08 percent (in some places the cut off is .05 percent) or when the boat operator is unable to safely control the boat.

n.pike

06-26-2007, 11:11 AM

The topic of drinking a beer while you're boating came up

Is it possible not to? Why would you want to go without the beer?:D :D

I'd sell my boat if I had to go without the beverages.

wally-eye

06-26-2007, 11:16 AM

I just don't understand the mindset that one feels its safe to drink and operate a boat yet can't do the same with an auto......:rant:

spiritofthewild_06

06-26-2007, 11:31 AM

Please cite the Federal Statute.

Federal Regulations do not prohibit open containers in boats....by either the driver or passengers.

The point at which it is considered illegal to operate a boat, is when an individual's blood alcohol concentration (BAC) is registered at .08 percent (in some places the cut off is .05 percent) or when the boat operator is unable to safely control the boat.

In waters that are overseen solely by the states, the states have the authority to enforce their own BUI statutes. In state waters that are also subject to U.S. jurisdiction, there is concurrent jurisdiction. That means if a boater is apprehended under Federal law in these waters, the Coast Guard will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

Thats what I was trying to say, not that there are two totally different sets of laws for BUI. Guess It didn't come out right ninja, sorry.

You can also go to this link for federal regulations: http://www.nyss.com/federal.html#2A

Ninja

06-26-2007, 11:50 AM

In waters that are overseen solely by the states, the states have the authority to enforce their own BUI statutes. In state waters that are also subject to U.S. jurisdiction, there is concurrent jurisdiction. That means if a boater is apprehended under Federal law in these waters, the Coast Guard will (unless precluded by state law) request that state law enforcement officers take the intoxicated boater into custody.

Thats what I was trying to say, not that there are two totally different sets of laws for BUI. Guess It didn't come out right ninja, sorry.

You can also go to this link for federal regulations: http://www.nyss.com/federal.html#2A

No apology necessary......I was just pointing out that it is NOT illegal to drink and operate a boat if your BAC is below a certain point in Michigan.
There are no Federal Laws prohibiting open containers, and no Michigan laws currently prohibit open containers in boats, unlike vehicular laws.

spiritofthewild_06

06-26-2007, 12:06 PM

Your right, there isn't, from my time in the coast guard i've learned that if you do have open containers on your vessel while underway, its more likey that you will be pulled over and boarded, if the coast guard sees you. Thats kinda common sense though. I think we went around the tree instead of just cutting it down on this topic!

CL-Lewiston

06-26-2007, 12:38 PM

spiritofthewild_06

06-26-2007, 12:59 PM

It's not safe, in fact I could tell you some stories of people who thought it was safe to drink and boat, but all we were tring to do here was give info on the laws of drinking and boating. I myself do not recommend drinking and operating a boat, but as long as you have a designated driver and are responsible about it, it isn't a problem.

wally-eye

06-26-2007, 01:03 PM

"I just don't understand the mindset that one feels its safe to drink and operate a boat yet can't do the same with an auto......"

But most do with an auto.. If you cant drink and drive why do bars have parking lots?? Im NOT DRUNK-I do it all the time.. dah

I don't understand quite what you are saying. I was however attempting to understand why is there a difference in the law in that its legal to operate a boat and not an auto AND I do feel that doing both are wrong..........

Ninja

06-26-2007, 02:34 PM

I don't understand quite what you are saying. I was however attempting to understand why is there a difference in the law in that its legal to operate a boat and not an auto AND I do feel that doing both are wrong..........

It is legal to operate an auto after you have been drinking as long as you don't exceed certain BAC levels.
You cannot have open containers of alcohol in the auto.
You CAN have open containers of alcohol in the boat, and the driver can be drinking, but also must not exceed the BAC level as prescribed in the law.

BTW.....I also do not condone these practices.

wyldkat49766

06-26-2007, 11:40 PM

I myself do not recommend drinking and operating a boat, but as long as you have a designated driver and are responsible about it, it isn't a problem.:yeahthat:

Ferg

06-27-2007, 07:38 AM

Operating an auto or a boat - common sense has to be your guide - I can't tell you how many bodies that I have pulled out of the water and from under pilings and breakwaters that wouldn't have been there had it not been for BUI.

Watch some young mother standing on the pier as you pull their 5 year old out from under the rocks on the breakwater along with her husband because he didn't know where to draw the line.

We tend to drink more when we are haveing fun in the sun - and sometime don't realize where we are WRT our BAC.

Nija is correct in Mi there are no open container laws WRT to boats and as long as you are under the limit, your cool.

But, I can tell you this, if you go jetting past a CG vessel with a beer in your hand your chances of being boarded just went WAY up.

Good thread.

ferg....