Law about ahving a beer in the boat

[Fishing Junkie]

Hi guys,

I have 17,5 foot boat (windshield) and i would like to now if can bring a beer and drink it aboard? I know i can't be drunk or have more then 0,08 of alcohol in my blood but can i drink one or two beers while fishing?

[Wellsley (Frank)]

Depends on any local laws. But a 150lb person drinking 2 beers in one hour is likely to be legally drunk.

[Reel Delight (Walt)]

Yes you are permitted to have a beer or two on your boat. There is no law against it if you are of legal age. Now on my boat, I don't permit it because I fully believe that alcohol & water don't mix very well. I don't need somebody falling overboard and then later their family trying to hold me to blame. I also prefer that other boaters be sober so not to risk my life out on the water.

Actually you can be in violation of federal and state BUI laws. I am not positive about VT law but in NY, if the USCG gets you for BUI, they also have the option to turn you over to NY state or local law enforcement and you can be charged by both for violation of federal & state law. Also BUI violation can be counted toward your drivers license points in most states now.

Alcohol and water really don't mix. Plus it seems that being out in the sun makes the effects of alcohol to increase effects.

Just my 2 cents, but you asked...

[fishhuntadventure]

...I also prefer that other boaters be sober so not to risk my life out on the water...Actually you can be in violation of federal and state BUI laws. I am not positive about VT law but in NY, if the USCG gets you for BUI, they also have the option to turn you over to NY state or local law enforcement and you can be charged by both for violation of federal & state law. Also BUI violation can be counted toward your drivers license points in most states now...Alcohol and water really don't mix....

Well stated. Alcohol is involved in a surprising number of boating accidents according to statistics even when BAC isn't over the legal limit according to some reports. Is it really worth it?

I think the real question Claude is asking is: what are the "open container" laws in Vermont and NY and what are the federal regs on open containers? Growing up in NH I recall that even non-alcoholic brews came under the open container laws. And then there is the definition of "public consumption" and the laws regarding that. In Vermont, you can't have an open container of an alcoholic beverage where it is accessible from the passenger compartment- it has to be in the trunk. Boats don't have trunks...

Personally, Claude, I applaud you for asking.
Too many folks climb aboard and head out to the freedom being out on the water gives. But then they make a mistake in assuming that there are no rules.

These questions are easily answered correctly by a call to the Coast Guard station and the Vermont State Police. I think Vermont laws are under Title 23

[homewrecker]

be very careful

http://www.youtube.com/watch?feature=pl ... XEYwgOUl7c

[raz]

be very careful

http://www.youtube.com/watch?feature=pl ... XEYwgOUl7c

Point well stated Deano!

[Reelax]

Lot of replys without answering the question directly. I take it people don't really know the rules..?? (I am not sure myself)

[Reel Delight (Walt)]

The rules are basically same as DUI rules but the penalties can be much more costly and severe. You can not operate a vessel while intoxicated, nor can you operate a vessel while drinking. Having an open container in one hand and the steering wheel or tiller in the other hand will be an invitation to be cited. If stopped & checked by the coasties, you best not be operating a vessel if you blow more than .08 and if you do, you will get a ticket for sure. Then if you don't have a qualified person to operate your vessel that is sober, your voyage will be terminated and most likely your vessel towed. Depending on circumstance's you can receive a federal or state conviction and possibly both.

My son writes so many BUI citations and hears more sob stories. Guys tell them I will lose my job because they are a truck driver and yes the BUI counts against his commercial drivers license. He then tells the guy that he should have thought of this before he had that alcoholic beverage. People virtually beg my son for a second chance and he tells them I am sorry but I am doing my job. If he doesn't write the citation and something happens, he can be charged himself, his Coast Guard career may be over and he can be held liable for his neglect of duties. He has also had stupid people do stupid things after he starts writing the citation and they end up in cuffs and facing other severe penalties. If the vessel operator is a commercial fisherman or holding a USCG license, they are really looking at big penalties. I also believe that the BUI status is .04 for those with a USCG license just as it is for anyone with a commercial driving license. He is currently patrolling Lake Ontario and he has the option of giving an vessel operator a citation from him which is a federal BUI citation which is answered through a federal magistrate and then taking you ashore and turning you over to state or local authorities and they can also write you a BUI citation under state laws. If you give him a bunch of crap out on the water, I will almost guarantee you a ride ashore in bracelets on the USCG patrol boat to meet a sheriff or trooper on the dock. Then you get a free taxi ride and warm cot before you see the judge.

BUI is really no difference than DUI it that you really can't afford it!

If you want to know if you can have beer aboard your boat, the answer is yes. If you want to know if you can operate a vessel while drinking, the answer is no. If you want to know if you can operate a vessel if above the BUI limit, the answer is no. Your vessel is no different that an automobile when it is underway. Now you can be at the dock or at anchor and sit back and relax and eat and drink, as it is like having a picnic. I guess you just need to use your best judgement and remember that alcohol, water and the sun do not always mix very well. The Coast Guard has a zero tolerance policy and so do most other law enforcement agencies.

There are also other considerations such as reckless operation of a vessel and other things that can be involved too. The operator of any vessel is responsible for all persons aboard their vessel.

I myself do enjoy a party and food and refreshments; but I prefer to do it ashore. I personally have a zero tolerance policy and I have never allowed alcoholic beverages aboard my boat. I am not about to try to be a designated driver neither as I don't need somebody overdoing it and then falling overboard. Yes it does happen. When I am out on the water I am looking to fish and enjoy myself and I don't want to be a babysitter for others; yet I am responsible for them and their actions. I can't afford it neither!

[TUnamas]

It has been well stated above, but for those who are further curious, the Vermont statutory law is located at Title 23 VSA § 3323, Operating under the influence of intoxicating liquor or drugs; B.W.I. which provides:

"(a) A person shall not operate, attempt to operate, or be in actual physical control of a vessel on the waters of this state while:

(1) there is 0.08 percent or more by weight of alcohol in his or her blood, as shown by analysis of his or her breath or blood; or

(2) under the influence of intoxicating liquor; or

(3) under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of operating safely.

(b) For purposes of this section, "intoxicating liquor" includes "alcohol," "malt beverages," "spirituous liquors," and "vinous beverages" as defined in 7 V.S.A. § 2, and any beverage or liquid containing any of the foregoing.

(c) A person who is a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug, substance or inhalant other than intoxicating liquor to a degree which renders the person incapable of safely operating a vessel may not operate, attempt to operate, or be in actual physical control of a vessel. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.

(d) For the purposes of this section, "drug" means a regulated drug as defined in 18 V.S.A. § 4201.

(e) A person may not be convicted of more than one violation of subsection (a) of this section arising out of the same incident." (Added 1989, No. 65, § 14; amended 1997, No. 57, § 3; 2007, No. 195 (Adj. Sess.), § 7.)


The Vermont Boater' Ed course describes this law as follows:

Vermont law prohibits anyone from boating while intoxicated (BWI) -- that is, operating a vessel while intoxicated due to alcohol, drugs, or any combination of alcohol and drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slow reaction time. Alcohol contributes to about one-third of all boating accidents nationwide.

Vermont law states that a person is considered to be intoxicated if he or she:

Has a concentration of alcohol in his or her blood of 0.08% or more based upon a chemical analysis of breath or blood or ...
Is under the influence of intoxicating liquor or ...
Is under the influence of any other drug or combination of alcohol and drugs to a degree that he or she is incapable of operating safely.

Vermont law establishes the following penalties for BWI.

Upon a first conviction, those convicted of boating while intoxicated will lose the privilege to operate any vessel (except for a non-motorized canoe or rowboat) for up to one year, must successfully complete an alcohol program at the person’s own expense, and be fined up to $750.

Upon subsequent convictions, the fine is increased up to $1,000.

A person boating while intoxicated who causes the death of another person will, upon conviction, be imprisoned for up to five years, fined up to $2,000, or both imprisoned and fined.

Vermont law has special provisions for operators under 21 years of age.

It is unlawful for a person under 21 years of age who has a blood alcohol concentration of 0.02% or more to operate a vessel.

For a first violation, the person will lose the privilege to operate any vessel (except for a non-motorized canoe or rowboat) for at least six months and must successfully complete an alcohol program at the person’s own expense. For subsequent violations, the privilege to operate a vessel will be lost for one year or until the person reaches 21 years of age, whichever is longer.

A person under 21 years of age who refuses to submit to a breath test after a warning will be subject to the same penalties as for boating while intoxicated.

By operating a vessel on Vermont waters, you have consented to be tested for alcohol or drugs if requested by a law enforcement officer. If you refuse to be tested, you will be subject to the same penalties as for boating while intoxicated.

Remember ... It is unlawful for the owner or person in charge of a vessel to allow someone to operate the vessel if that person is under the influence of alcohol or drugs.


The best thing you can do for your safety and the safety of your passengers and other boaters is simple—
Don't drink and boat!

[TUnamas]

Careful!! Beers and boats don't always mix, and it can go bad fast! "Throw 'em a beer!"

http://www.youtube.com/watch?v=TGBsCQDauXE

[Gecha (Gerry)]

Careful!! Beers and boats don't always mix, and it can go bad fast! "Throw 'em a beer!"

http://www.youtube.com/watch?v=TGBsCQDauXE

That's why you should ALWAYS use a net

[Gecha (Gerry)]

That's a funny one.

https://www.facebook.com/photo.php?v=139391642909128