DUI while at Anchor

Interesting discussion over on the Cruisers forum.

DUI While at Anchor? - Cruisers & Sailing Forums

Interesting, thank goodness my 14 year old son has his boaters education card here in the NW. He's legal to man the helm anytime the anchor 'drags'..... good info to know.

With that said, you can get an "in control of a restricted vehicle" (mandatory night in jail) citation for merely going to a friends car (with keys in hand) to retrieve a phone (or anything else)..... Legally (most states) you can't go anywhere near a car with keys in hand if you're intoxicated. So look around and make sure a patrol car isn't watching the parking lot before you go to a car to get anything! Most people don't know this law until it's too late.

Been part of that debate manys a time.

Here's a thought. How many LEOs do you see patrolling your anchorage after dark?

Alaskan Sea-Duction said:

Interesting discussion over on the Cruisers forum.

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Reads more like a bunch of seagulls fighting over a french fry.

Ted

I don't know what your talking about, when the officer was on my boat it was hard aground and was therefor incapable of being underway or being operated, just as if it was sunk. Can you get in trouble for being on a sunken boat while under the influence??

The anchor? Oh it was just saving my place for the next day.

O C Diver said:

Reads more like a bunch of seagulls fighting over a french fry.

Ted

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Oh play nice Ted. They could say the same for TF about the (do I dare say it?) many anchor threads.

menzies said:

Here's a thought. How many LEOs do you see patrolling your anchorage after dark?

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Shush!!!

Common sense will not be tolerated in emotionally charged straw man debates like these. Hang any that dare sniff a cork while near the waterfront.

There are so many misconceptions, urban myths, convictions overturned that have become "common knowledge"..... DUI charges - Even when you are not driving!

Hard to believe some would even post what they did overy there...but....typical....

Set your own limits and be responsible for your actions...if anything comes out of those tyes of discussions is there is no set answer. There is probably an example for every possibility under the sun.

I have my own ideas...but then I had some experience reviewing the on scene circumstances in BUI cases.

When you are securely anchored after a tough day, and the wife is fixing some gourmet food, then you have a sundowner. Or several sundowners. That is one of the Rules. Another Rule is "it is easier to get forgiveness than it is to get permission."

I better remove that neon Budweiser sign off my aft-deck. Made a good stern anchor light at night....

My now clean and sober boating friend decided to take the kegerator out of his cockpit as he was always tipping a few and worried the kegerator might attract the LEOs more than just his driving....

I thought I read somewhere something to the effect, "if the vessel has permanent sleeping and cooking provisions" once the hook is down your good to go, it's your home.

One of the many rulings that leans in the favor of the boater...but more and more the DUI/BUI laws are gaining traction and courts interpreting that drinking outside of a deep cave is a threat to society.

I think the more likely BUI point would be the cruise from the dingy dock out to the anchorage, after closing the yacht club bar, LOL.

BerettaRacer said:

I think the more likely BUI point would be the cruise from the dingy dock out to the anchorage, after closing the yacht club bar, LOL.

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like shooting fish in a barrel for the LE guys.

...too bad it would be a total waste of enforcement on most cases.

BerettaRacer said:

I think the more likely BUI point would be the cruise from the dingy dock out to the anchorage, after closing the yacht club bar, LOL.

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This is our concern. Pulled over after dinner on shore, perceived wrong lights, life jackets, dinghy reg and the potential to blow a .08 plus is very real. Anchored has never been a concerned.

When I first read the title to this thread I figured it had happened on Portland where Alaska SD is currently residing. I figured Tom threw this up there as part of the "Keep Portland Weird" theme.


That thread on Cruiser Forum was so full of BS it smelled like a barnyard.


The whole thing boils down to this--yes, maybe you could get a citation or arrest for BUI under the circumstances described but most LE officers (especially water cops I've known) would never even consider doing that because you are there for the night and they have better things to do.

BerettaRacer said:

I think the more likely BUI point would be the cruise from the dingy dock out to the anchorage, after closing the yacht club bar, LOL.

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So.....

What if you're rowing the dinghy back, without any motor on the dinghy (i.e. oars only)?

GFC said:

. I figured Tom threw this up...

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Unfortunate turn of phrase!

tcpip95 said:

So.....

What if you're rowing the dinghy back, without any motor on the dinghy (i.e. oars only)?

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Same as cycling a bicycle I guess. Done like a kipper!

Return from the dinghy dock in a motorized vessel, absolutely. Return in a non-motorized vessel, yes. (And yes, people do get DUI's on bicycles).

Now as to while anchored. First, I'm going to express a personal opinion on the wisdom of being the only operator and drunk while anchored. It sure doesn't put you in very good condition if an emergency came up that required you to operate the boat.

As to the legal side, it is my understanding in most areas that being anchored is still operating. I did see arrests and tows of anchored vessels on the lake when there was not a sober person left on the boat to operate it. Now generally there was not an assumption they were staying overnight.

While I feel they could legally ticket you with a DUI while anchored, I also feel it's highly unlikely anyone will and highly unlikely the ticket would hold up in court if fought. However, your anchor breaks free, you're slow to respond and you get the engine started but not in time to avoid hitting something. Now you have a DUI.

The logic in saying an anchored boat is operating is that it may have to and that reactions may be called for while anchored that could be impaired by an excessive amount of alcohol.

That thread on Cruisers and Sailing Forum was one that I quickly decided to avoid. Not sure how to put this but.... there are a higher number of "alternaitve thinkers" on that forum. I enjoy it and is a great source of info and help for a sailor like me, but there are a number of topics that get toxic in a hurry.

My own take is that if you aren't being stupid, you generally have little to fear from LEOs or the CG. Of course, I would define drinking to excess under any circumstances as stupid, so.....

menzies said:

Unfortunate turn of phrase!

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And not done by accident!

We should keep an eye on this issue in Florida particularly as the anti-anchoring sentiment pervades much of law enforcement. What better way to promote that agenda than to hassle people for drinking at anchor?

O C Diver said:

Reads more like a bunch of seagulls fighting over a french fry.

Ted

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Couldn't be more apropo with regard to that other forum and what a powerful mental image. I can see them, hear them and smell the salt air. Thanks for my morning chuckle Ted.

This is a very real issue here. When fireworks are planned LEOs tell some anchored or moored boats they must move. This usually happens just before dark after boats have been parked for a while.

So my question is do you tell the LEO you cant move the boat because you have been drinking ( call for a tow?) or just move it and risk the consequences.

Roger Long said:

We should keep an eye on this issue in Florida particularly as the anti-anchoring sentiment pervades much of law enforcement.

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Really? I haven't seen that at all. I see a whole lot of speculation about what LEOs maybe COULD do, given the way the laws are worded, but none of this worry ever seems to play out in reality.

Now, there are clearly some waterfront home-owners with strong anti-anchoring sentiments, at least when they perceive it to be spoiling their view. But--perhaps with a couple of extremely isolated incidents--I have seen no evidence that such sentiment pervades law enforcement in any way.

As to the issue of BUI and getting a ticket while anchored... As I posted over in the other thread, I have searched high and low and have not been able to find even one, single incident of a Florida boater EVER getting a BUI ticket when they were legally anchored for the night. Not one. Not ever.

So it seems this is all just a tempest in a teapot. A whole lot of worry over absolutely nothing.

Roger Long said:

We should keep an eye on this issue in Florida particularly as the anti-anchoring sentiment pervades much of law enforcement. What better way to promote that agenda than to hassle people for drinking at anchor?

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To reinforce that thought, A member of LEO commented on this topic in that other forum. His statement only confirms that if you are Moored IN an approved mooring field they don't pester anyone. But if you are anchored....Whether in an approved anchorage or not, You're fair game. This seems to fit it with the anecdotal evidence heard about land owners bitching about 'other people' intruding on their view, sound, front deck by anchoring. This has gained traction since the landowners pay taxes, and 'generally' the visiting yachters don't.

Not trying to throw this to OTDE material, but seriously, when I read that thread I was confused. Is there not a legal definition of being DUI, (which I worked out meant drunk in charge), over there..? Here on the other side of the world, we have a 0.05 legal level of blood alcohol - under that, either in a vehicle or boat, and you're good to go. At anchor for the night, one would never be breath tested anyway. Only learner and provisional licence drivers have a zero blood alcohol status for driving. I can't believe over there just having had a beer would put you in jeopardy..? Surely you get tested first..? For a country that does not enforce bike helmets, and even seat belts, in some states anyway, charging a boatie with being DUI for having a beer on board seems...well...weird.

Greetings,
Mr. PB. DUI/BUI= Driving/Boating Under (the) Influence. Yup, tempest in a teapot indeed.