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Name:
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Capt M Brooks
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Subject:
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Boating Drunk, Question for Captain Brooks
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Date:
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7/29/2010 10:58:34 PM (updated 7/29/2010 11:00:12 PM)
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There is no open container law that applies to boats. Alcohol consumption is not illegal aboard a boat or on public waters provided the following: the operator of the boat is not under the influence of alcohol, the persons consuming alcohol are 21, the persons consuming alcohol are not so intoxicated as to present a problem or endanger themselves or others, the boat is not on a body of water that falls within a dry county. We prefer that the operator be stone cold sober and we will test anyone we see operating that we know has been consuming alcoholic beverages. That may very well be an individual's one and only beer for the day but we don't know that.
As far as skiing or being towed, yes, a person can be charged with BUI for being under the influence while they are skiing or being towed. I am not aware of anyone being arrested for this offense on Lake Harding and I have yet to see anyone charged with that offense during my career. However, I can full well see plenty of circumstances where an arrest could and probably should be made.
Persons operating manually propelled vessels (sailboats, canoes, jon boats, kayaks, pedal boats, etc.) can also be charged with BUI. The law makes no distinction between a motorized or non-motorized vessel. I am aware of several successful arrests and prosecutions for this version of the BUI offense.
For what it's worth, it's been my experience that the overwhelming majority of people who are arrested for BUI have prior arrests/convictions on their records, running the full range of criminal offenses. Believe it or not, there are plenty of people who go to the lakes and rivers to get away from law enforcement.
That being said, our feeling is that 95-percent of the people we encounter are good, solid people who would go out of their way to lend a hand if one was needed. It's that 5-percent that tend to ruin things for everyone else, and my position is that we're there to keep the 95-percent safe from that 5-percent.
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