bonn. today !!

[dawhunt]

I wasn't up there today but,I did talk to a friend that was.He said the sherrif or the c.g. one or the other was handing out tickets for $150.00 to people that were anchored in the channel and giveing tickets to people that were seen drinking in there boats.Wish they would have been down by red and ticketed the a--hole that throwing beer cans and bottles in the river

[Bait O' Eggs]

What is the law on drinking in the boat. I never do it so I am not much worried about it. From time to time I end up with somebody along for the ride that pulls a beer out of their cooler.

If they are a passenger (and drinking) and I am the operator (and not drinking), can I get a ticket like an open container in a car?

[WheresMyBobber]

Unless the law has changed in the very recent past, it is legal to drink while boating unless you become legally drunk. I would fight that ticket unless I found that the law had just changed.

[Salmonator]

Same as a car as far as I understand for the DRIVER. Passengers are free to tip their 40's in their homies honor..

[Killertraylor]

This sounds like a job for....me. I started my legal career as a prosecutor and tried several DUII cases, but never a Boating under the influence of intoxicants case (although I did once prosecute a Biking under the influence case). You can drink in a boat - even the driver. The driver cannot be "affected to a noticeable and perceptible degree." There is a presumption that you are "affected to a noticeable and perceptible degree" if your BAC is .08 or higher - but you can still get a BUII even if your BAC is less than .08 - same rule as in a car. The .08 is just a presumption that the state gets in court and then the burden is on the defendant to overcome the presumption. Some people are "affected to a noticeable and perceptible degree" at .04, .05, etc. You can't get an open container ticket like you do in a car because that statute doesn't apply to boats. I'll look up the exact statutes to confirm this when I'm at work tomorrow (its been 5 years since I was a prosecutor) but I'm 99% sure that this is still the law. I drink constantly in the boat (it's a requirement of my job images/icons/tongue.gif) in the presence of fish and game officers, sherriffs, etc. and have never had one of them give me a hard time about it. In fact, some of my best friends that I fish with are cops and they drink in the boat too.

[Tanner]

KT,
So we have an attorney here at ifish huh?

Did you hear it was so cold in Portland last winter that they found some lawyers with their hands in their own pockets?
images/icons/grin.gif

[Kenia]

Tanner
You crack me up Dude!!

[Killertraylor]

In keeping with my promise (Despite the poor attempt at humor) I looked up the open container law. It's ORS 811.170 and it is pretty long, but basically provides that you are in violation if you drink any alcoholic liquor in a motor vehicle is upon a highway. A boat is not included under the definition of "motor vehicle" and the water is not included in the definition of "highway" and therefore you can drink in the boat. The Boating under the influence of intoxicants statute is at ORS 830.325 - "No person under the influence of an intoxicating liquor or controlled substance shall operate, propel or be in actual physical control of any boat on any waters of this state. No owner of a boat or person in charge or in control of a boat shall authorize or knowingly permit the boat to be propelled or operated on any waters of this state who is under the influence of an intoxicating liquor or controlled substance." The main difference between a boating under the influence and driving under the influence charge is the affect it has on your drivers license - there is no suspension to your driver's license for a Boating under the Influence ticket.

AND - I'm a bit disappointed in your inability to come up with better lawyer jokes.

[Bait O' Eggs]

Killer - thanks for the effort, I guess I used up my 5 minutes of free advise images/icons/rolleyes.gif then some.

The arguement might come in handy some day. I hate to make an arguement with a cop especially when I have no idea what I am talking about.

[ZaQ]

A doctor sits down in a plane and comes to realize he is sitting next to a lawyer. He tells the lawyer he is going to the front to get a drink, do you want anything. The lawyer says, 'yes a coke would be nice'. While the doc is gone, the lawyer spits in in the doctors shoes, that he left under the seat in front of him. When the doc gets back the lawyer is kinda snickering. The doctor asks 'what it is so funny', the lawyer smiles and replies, 'nothing'. Doctor hands the coke to the lawyer and sits down, sliding his feet into his spit filled shoes. The lawyer starts laughing out loud and takes a big swallow of the coke in an effort to subside the laughter. The doctor shakes his head, and says 'we doctors and lawyers really have to stop this crap, you spitting in my shoes, me peeing in your coke.' DOH!!!!!!!!!!!!!!!!

[Ed]

Killert,
Does "operate under the influence" mean one drink per say or "affected to a noticable degree" or .08? Thanks

[WaterDog]

I have a OSMB handout and it says if the operator of the boat is convicted of being under the influence you can receive a $5000 dollar fine, lose your boating license for one year, and lose your registration for 3 years. It goes on to say that passenger’s may drink but they are putting themselves and others at risk and it is the responsibility of the “captain” to make sure those that are drinking are not putting anyone in harms way.

For me I don’t drink when I’m on the boat. Just being on the water and fishin makes me feel good. images/icons/smile.gif