400: Live aboard at anchor drinking?

[ascarr]

I am sure that many of us have been at anchor and having dinner with friends in a nice secluded area having a drink... question I asked around about is the drinking laws at anchor.

https://www.ecfr.gov/current/title-33/part-95

Underway means that a vessel is not at anchor, or made fast to the shore, or aground.

So looking at this logically if you have the boat turned off and your at anchorage fastly secured, when all of a sudden Texas Parks and Wildlife come to your boat ask to board, see you guys are all liquored up are you going to get a BUI?

I have kept myself from ever drinking anything on the water. Not because I don't want to have a cold drink out there but the lives of all on board and yourself are under your responsibility. But when you get to an anchorage and are done sailing around for the night sitting back and wanting to have a drink really has become an issue when you live aboard your vessel. I have never seen a true yes or no answer on this question.

Have any of you experienced anything situation wise like this where your done boating for the night and at anchor you get approached by law enforcement?

I know its common in Texas Galveston area for both Parks and Wildlife Rangers along with Coastguard to stop boaters all the time. I have had while at anchor Parks and Wildlife approach my vessel and do an inspection while at anchor fishing but my guess is they did that to check fishing licenses rather than anything like oh are they drinking. But I don't want to take a chance on the water at anchorage and find out that I could still be dinged for a BUI etc.

So if anyone has the experience or previous dealings with this let me know. I worry more about being at anchorage asleep after having some drinks and some one hits my vessel and by law any accident on the water to be reported has to have anyone involved alcohol tested within 2 hours. I would hate to get a major life changing fine or other in a case like that just because I thought it was ok to be at anchor and have some drinks etc. Let me know if anyone has some serious incite and links to legal cases and things like that for proof of what the laws really are. Thank you guys.

[Captain Bill]

In Florida state law defines at anchor as underway while federal law does not. You will get a BUI from Florida Law enforcement but not from the Feds.

[Lodesman]

Originally Posted by Captain Bill

In Florida state law defines at anchor as underway while federal law does not. You will get a BUI from Florida Law enforcement but not from the Feds.

Out of curiosity, what law is that? Chapter 327 doesn't define "underway", but refers to International and Inland Navigation Rules, which we know defines being at anchor as not being underway.

You could get a BUI if "operating" a vessel with blood alcohol 0.08%, meaning most people could safely have a drink or two. If you're on a boat, you should never be drunk as you should always be capable of dealing with the numerous things that can go wrong (IMO).

[Brioche]

A quick look says Florida statute 327.35 says boating under the influence is charged against anyone "operating" a boat. Sitting at anchor does not sound like "operating". But to test that you would either have to get arrested and go to court or get solid advice from a Florida attorney.

[Dave_S]

I believe you can be charged here in Qld Australia but I've never heard of it happening. I see the argument for it because you may need to operate the boat at any time.

I suspect it is not enforced because it's not a fact that you will be required to operate the boat it is just a possibility and then what do the officers do, they can't leave people on the boat because then the next person in charge is then also breaking the law etc.. so they would have to remove all people from the boat and leave the boat unattended or take charge of the boat. Both options are a bad idea.

[Bowdrie]

IIRC, this is a quote from Lord Dunraven.
"Drunkenness and immorality are the very backbone of yachting".
However, in today's world, "No fun shall be allowed".

[paralog]

Originally Posted by Lodesman

Out of curiosity, what law is that? Chapter 327 doesn't define "underway", but refers to International and Inland Navigation Rules, which we know defines being at anchor as not being underway.

You could get a BUI if "operating" a vessel with blood alcohol 0.08%, meaning most people could safely have a drink or two. If you're on a boat, you should never be drunk as you should always be capable of dealing with the numerous things that can go wrong (IMO).

Really "you should never be drunk" that would put a hell of a lot of recreational boaters in jail.
Take a look at any popular anchorage on a busy weekend and i bet half of the boat owner would not pass breath test.

[Lodesman]

Originally Posted by paralog

Really "you should never be drunk" that would put a hell of a lot of recreational boaters in jail.
Take a look at any popular anchorage on a busy weekend and i bet half of the boat owner would not pass breath test.

And I bet half of those boat owners are just accidents waiting to happen, and have no business being out in boats.

[wingssail]

Didn't read the whole law. I'm not in Texas and damn well not ever going there, at least not on my boat.

AND, I will willingly admit to being a total scofflaw on this requirement.

We drink at the dock. (people have been carried home from our boat and other times, we've been carried back to our boat.)

We drink at anchor. People have fallen off.

We drink underway, but not much. (wine with an elegant dinner in the middle of a crossing is one of life's real luxuries)

We drink after racing, but not during the race. (the trip back to our marina after a big win is quite comical). Somebody is the designated driver. Hope they can helm a sailboat.

Not proud of this, particularly, but there it is..

[Joli]

Originally Posted by wingssail

Didn't read the whole law. I'm not in Texas and damn well not ever going there, at least not on my boat.

AND, I will willingly admit to being a total scofflaw on this requirement.

We drink at the dock. (people have been carried home from our boat and other times, we've been carried back to our boat.)

We drink at anchor. People have fallen off.

We drink underway, but not much. (wine with an elegant dinner in the middle of a crossing is one of life's real luxuries)

We drink after racing, but not during the race. (the trip back to our marina after a big win is quite comical). Somebody is the designated driver. Hope they can helm a sailboat.

Not proud of this, particularly, but there it is..

We're pretty much the same.

Passaging we have a captains hour around dinner time, a beer or wine or a rum drink.

At anchor or docked we drink what we like and entertain guests.

[RaymondR]

Put your "not under command" signals up and tell the officer that the vessel is not under command due to lack of sober crew.

[Ballsnall]

If you are the skipper and onboard then you are "in command" and should not be impaired regardless if at anchor or not. If you wish to become inebriated then you should delegate command to another person of sober constraint.

What we get away with in practice doesn't make it lawful.

[Sojourner]

Wow guys, come over here to the Med. We're all tipsy most of the time A little more seriously, we never touch a drop on passages of any length whether it's an hour or 40. As soon as the anchor is dropped, set, backed down on, crack goes the beer. I'm not getting blackout drunk, but over the 'legal' limit for sure most nights, as are most of my friends. If there is any weather coming, back to passage rules, since action might need to be taken. Simple compromise.

[fxykty]

Same, we drink alcohol contains beverages before, during, after and between times of being underway. Generally not too excess, though I remember making and drinking a bunch of Pina Coladas while at anchor that meant I was just about sleeping when we retrieved our anchor and started an 900 mile passage.

Depending on where you are, the road-based drinking while driving rules may apply to boating - they do where we are now. Despite that I’ve never seen any enforcement.

There should be at least one person who is not (legally) impaired. It doesn’t have to be the skipper, as long as the (sober?) person is competent to handle the boat. Legally is there the same concept of a “driver” on boats as there is for cars? Hopefully not.

But let’s be real, especially when you are live aboard - having a drink while underway or at anchor is not a practical problem.

[Mariefred]

After reading Robert Knox Johnston's book, I thought knocking back half a bottle of whisky, raising a handkerchief on the forestay, and then sparking out for 8 hours was a standard heavy weather tactic.