DUI While at Anchor?

[denverd0n]

Even though I answered this several pages back, since it has come up multiple times again in the last few pages, I will state again...

I spent quite a bit of time searching. I cannot find even one case of anyone in Florida, ever, being charged with BUI for drinking after they were legally anchored for the night. None. Nada. Zilch. Not one, single case. It just does not happen.

So this is all nothing more than theoretical BS. It's a whole bunch of back and forth angst over something that NEVER HAPPENS!

If you are spending time worrying about this, then you have WAAAAY too much time on your hands, and you are spending it worrying about all the wrong things!

[Pelagic]

After careful study I have determined that this problem (real or imaginary) relates to powerboaters only....who obviously suffer from mast envy thus compensating with jugs of silicone and copious consumption of fuel and alcohol...


LAKE HAVASU 4TH OF JULY WEEKEND 2015 PARTY IN THE…: http://youtu.be/bSgam95x2R0

However it does seem like the police favor electric propulsion.

Police Tasered Spring Breaker, Uncensored ! 2015…: http://youtu.be/fsLAJZAYOrU

[estarzinger]

Originally Posted by denverd0n

I spent quite a bit of time searching. I cannot find even one case of anyone in Florida, ever, being charged with BUI for drinking after they were legally anchored for the night. None. Nada. Zilch. Not one, single case. It just does not happen.

hmmm . . . I put a simple search in google and immediately found several apparent cases:

https://www.reddit.com/r/legaladvice..._sailboat_bui/


Your state could be next!!!

http://myfwc.com/media/2195647/May25-31.pdf (look in the GILCHRIST COUNTY section)

and right here on CF there is a thread where cases are discussed http://www.cruisersforum.com/forums/...ces-84010.html

[S/V Illusion]

Originally Posted by Pelagic

There are all kinds of boating types.... Some like to party harder than others....

Party At The Channel Lake Havasu Memorial Day Wee…: http://youtu.be/A4Tr4d9Ww1c

Interesting how some associate partying with drinking as though alcohol is essential to their enjoyment.

The extent to which some here want to argue the link is rather dysfunctional, e.g., it's their "civil right" to act stupid.

[ryon]

Originally Posted by S/V Illusion

Interesting how some associate partying with drinking as though alcohol is essential to their enjoyment.

The extent to which some here want to argue the link is rather dysfunctional, e.g., it's their "civil right" to act stupid.

Interesting, how some governments view alcohol and drugs as a revenue source.

[Pelagic]

I think those videos of rowdy drinking parties of hot rod boaters make a compelling point about the need for increased police supervision and booking latitude at those type of gatherings.

That legislators felt the need to give the police greater empowerment was probably a result of some pretty disturbing boating accidents.

Living in a nanny state does have its drawbacks.

[Stu Jackson]

Originally Posted by PortClydeMe

Ps; Please guess how many rolls of Reynolds Wrap it took me to completely tin-foil my boat today. Well, I don't know either, as I lost count. But let me tell ya, it wasn't cheap!

Ahh, NOW I see what your problem is.

The concept is to use the tin foil to make YOURSELF a HAT, not to wrap the boat. Think how much more you paid for the tin foil.

[S/V Illusion]

Originally Posted by ryon

Interesting, how some governments view alcohol and drugs as a revenue source.

With an $18trillion debt, and growing, I'm sure that's the reason

[PortClydeMe]

Originally Posted by Stu Jackson

Ahh, NOW I see what your problem is.

The concept is to use the tin foil to make YOURSELF a HAT, not to wrap the boat. Think how much more you paid for the tin foil.

Yeah, don't remind me! The again, I've always coveted metal-hulled vessels, and making thru-hulls is now a snap!

Now busy shore-side collect cans to recycle for a fresh sixer of Michelob. Wish me well!

[rognvald]

Originally Posted by RainDog

This is one is the most abused quotes ever, but this case is especially egregious. If our definition as Americans of "essential liberty" is the right to get wasted any time and place we chose, then we really have lost our way.

Raindog,
Franklin's quote taken in its historical context defines the important values and ideals sought by our founding fathers in respect to "essential liberty." I don't understand how this well defined precept of liberty has changed or has any less meaning today. The only difference being that most 21st Century Americans have not read nor do they understand even the most basic ideas of our American Revolution or 18th Century American History,ergo, the bizarre and perverse interpretations and opinions common today concerning liberty by the uneducated masses. However, ask them about Miley Cyrus, the Kardashians, or Caitlyn Jenner, America's Got Talent or Dancing with the Stars and that's a different matter. Some people need to feel protected and will relinquish all their rights and liberties to feel "safe." We cannot change this since it is genetically encoded in some peoples DNA. However, once these rights have been abolished, they are very difficult to regain. As a final remark, your statement concerning the "right to get wasted any time and place we choose, then we have really lost our way" attempts to control and sanitize the human condition where we live in sterile, whitewashed communities with our Stepford wives with Fred Astaire(tuxedo) and Ginger Rodgers(evening gown) as our neighbors. . . did I also say Doris Day with a freshly baked batch of peanut butter cookies at the front door? Liberty? I suppose for some . . . but this is why many of us take to the sea to escape the oppressive dictates of the Common Man and his Sensibilities and to live freely without the excessive interference of a mandated world . . . unless, although, you are boarded at anchor by the local marine patrol holding a dry Russian Martini(shaken not stirred) in hand . . . and then, the beat goes on. Captain Rognvald in absentia

[denverd0n]

Originally Posted by estarzinger

hmmm . . . I put a simple search in google and immediately found several apparent cases...

No offense, but one was not in Florida, one was definitely not anchored for the night, and two don't have enough details to determine what the circumstances were. So I stand by my previous statement. I cannot find even one, single incident of anyone in Florida being convicted and/or fined for BUI after they were legally anchored for the night. Not one.

Yes, there are lots of apocryphal stories. Lots of stuff on forums similar to this one where someone relates a story they heard, or tells what happened to their brother's uncle's cousin. If any of these resulted in court action, though, then it should not be hard to find that on official county and/or state websites, where all court actions are recorded nowadays. But they aren't there.

I'm just not believing that this happens.

[skipmac]

Originally Posted by S/V Illusion

Interesting how some associate partying with drinking as though alcohol is essential to their enjoyment.

The extent to which some here want to argue the link is rather dysfunctional, e.g., it's their "civil right" to act stupid.

Thank you.

Not that I don't really enjoy a glass of wine or two with a good dinner or a cold beer on a hot day but to make alcohol essential to enjoyment?

I am all for personal freedom and highly resent some of the intrusions into personal rights in the US. However I take to heart the cliché "your freedom ends where my nose begins." You want to stay at home and drink yourself into a stupor, fine with me. In fact I am for anyone's right to indulge in any intoxicant of their choice but not the right (?) to drive down the roads (or waterways) where your impairment can impact others (like me).

Regarding the original question, BUI at anchor, 99.9% of the time I would think that to be totally bogus but there is some truth to the concern of what happens if the anchor drags. Or what if someone is BUI and runs into your boat. If you're totally blotto then the situation could head south quickly.

That being said I also think it is an outrage that one's boat can be boarded without a warrant or even probable cause. It isn't just the US that this is the case so if you want to cruise then you're going to have to deal with it.

[Udacha]

Originally Posted by josmason

Frankly you are all wrong, the offense is Boating under the Influence - a BUI. The operator of the vessel will be charged with a BUI if they are under the influence. Other people on the vessel will not be changed with anything. It is treated like a DUI other then you do not lose your license to drive a car but in some cases you could lose your vessel as the authorities do have an option to cease the vessel.

People who are under the influence and fall overboard, drown, because they are disoriented and swim to the bottom. Not a great way to go.

You might want to check with your state laws on the "It is treated like a DUI other then you do not lose your license to drive a car" part. In AZ it does go on your drivers license and it isn't cheap

[Cadence]

Originally Posted by denverd0n

No offense, but one was not in Florida, one was definitely not anchored for the night, and two don't have enough details to determine what the circumstances were. So I stand by my previous statement. I cannot find even one, single incident of anyone in Florida being convicted and/or fined for BUI after they were legally anchored for the night. Not one.

Yes, there are lots of apocryphal stories. Lots of stuff on forums similar to this one where someone relates a story they heard, or tells what happened to their brother's uncle's cousin. If any of these resulted in court action, though, then it should not be hard to find that on official county and/or state websites, where all court actions are recorded nowadays. But they aren't there.

I'm just not believing that this happens.

I think you have it right. I have no idea how the OP's hypothetical situation became an issue of Constitutional law? A drink with grilling at the end of the day, at anchor, and going to jail?

[CarlF]

I believe it's just a matter of time until a court case reigns in boarding without probable cause for safety and head inspections. Maybe a "long time" but I hope not.

The CG's claim to this right comes from a difficult to defend rationalization of an 18th century duty to inspect cargoes coming from international waters for tax duty. At the time, the primary source of the Federal Government's income was duties on ship cargoes. This really was

Safety inspections was not the purpose or even imagined - a good thing since the life jacket had not been invented.

Unless a vessel is thought to be coming from international waters or is engaged in commerce (commercial fishing) the same 4th amendment protections should be applied as for a motor vehicle. It's hard to see why boats and cars deserve such different treatment.