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Old 08-31-2015, 03:25 PM   #1
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DUI while at Anchor

Interesting discussion over on the Cruisers forum.

DUI While at Anchor? - Cruisers & Sailing Forums
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Old 08-31-2015, 03:48 PM   #2
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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.
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Old 08-31-2015, 03:57 PM   #3
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Been part of that debate manys a time.

Here's a thought. How many LEOs do you see patrolling your anchorage after dark?
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Old 08-31-2015, 04:22 PM   #4
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Interesting discussion over on the Cruisers forum.
Reads more like a bunch of seagulls fighting over a french fry.

Ted
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Old 08-31-2015, 04:27 PM   #5
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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.
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Old 08-31-2015, 04:43 PM   #6
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Reads more like a bunch of seagulls fighting over a french fry.

Ted
Oh play nice Ted. They could say the same for TF about the (do I dare say it?) many anchor threads.
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Old 08-31-2015, 04:45 PM   #7
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Here's a thought. How many LEOs do you see patrolling your anchorage after dark?

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.
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Old 08-31-2015, 04:49 PM   #8
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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.
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Old 08-31-2015, 04:51 PM   #9
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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."
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Old 08-31-2015, 04:52 PM   #10
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I better remove that neon Budweiser sign off my aft-deck. Made a good stern anchor light at night....
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Old 08-31-2015, 05:01 PM   #11
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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....
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Old 08-31-2015, 05:29 PM   #12
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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.
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Old 08-31-2015, 05:36 PM   #13
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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.
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Old 08-31-2015, 05:48 PM   #14
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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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Old 08-31-2015, 05:55 PM   #15
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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.
like shooting fish in a barrel for the LE guys.

...too bad it would be a total waste of enforcement on most cases.
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Old 08-31-2015, 05:57 PM   #16
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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.
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.
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Old 08-31-2015, 06:53 PM   #17
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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.
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Old 08-31-2015, 08:04 PM   #18
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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.
So.....

What if you're rowing the dinghy back, without any motor on the dinghy (i.e. oars only)?
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Old 08-31-2015, 08:06 PM   #19
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. I figured Tom threw this up...
Unfortunate turn of phrase!
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Old 08-31-2015, 08:07 PM   #20
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So.....

What if you're rowing the dinghy back, without any motor on the dinghy (i.e. oars only)?
Same as cycling a bicycle I guess. Done like a kipper!
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