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Old 01-15-2022, 06:25 AM   #21
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Originally Posted by Alaskaflyer View Post
...I’m reasonably sure that - assuming they can prove he was operating - the act of striking another boat can be used to help prove his being under the influence to the extent of being less safe.
I am not a lawyer, but I believe for a charge of DUI to stick, they need proof of alcohol, and his test came up clean ( even though it was 9 hours after the accident ) The crash could be explained by a host of other possibilities....got a bug in his eye, had a siezure, fell asleeep, dropped his cigarette, etc. If it were an automobile accident I believe the charge would be "Driving to Endanger" and is still a serious charge.
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Old 01-15-2022, 07:25 AM   #22
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Old 01-15-2022, 08:51 AM   #23
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that's one of the interesting things i saw moving here to Australia was the frequency of roadside PBT (portable breath testing), and around here its 100% everyone gets a tube to blow in. I'm allays amazed at 6-7-8am they will nab a few at 0.25 or higher. That must have been a heck of a Tuesday night for them to still be 3x the limit the next morning.
A few years ago we were on a minibus travelling to the Green Mountains. We came upon a roadside breath test, the young lady bus driver expected to be waived through. Nope, she had to stop and take the test. She said it was the first time she had been ever been stopped when driving the minibus.
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Old 01-15-2022, 01:27 PM   #24
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“No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device;”

I’m reasonably sure that - assuming they can prove he was operating - the act of striking another boat can be used to help prove his being under the influence to the extent of being less safe.
Plenty of ways to convict on other violations if DUI isn't possible. DUI requires proving causal effect, not just result. How many drinks and when might do so. Breathalyzer might but only in the jurisdictions where it is in boating laws. In Chattanooga years ago during Riverfest they made hundreds of arrests coming out of Chickamauga lock only to have all tossed as TN law didn't have a section for the water. Last I knew, in Texas on the water, breathalyzer is only for probable cause but not as proof. Generally blood is the solid proof. They didn't get that in time in this case. However, other evidence will work for them and they may not get all the charges they want, but plenty.
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