Quote:
Originally Posted by jrc
I don't think this is a cut and dry as you say Skip. A person has to be more than just giving directions to be in control of the vessel.
Building on Railrod Joes question, if I'm drunk and on shore and my wife calla from the boat and asks for directions am I guilty of BUI?
I also think theres a lot of sexism in these answers. Just becuse she's the wife doesn't mean that he's the captain. Many married couples own a boat jointly, so there's no automatic assumption that he's the owner and captain. Now if one person has a license (or equivalent) maybe that tilts the tables. But the police can't say "hey, he's a man, he must be the captain"
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Of course not. You're not in the boat. You have to be in the boat to meet one of the elements of the offense.
I try to keep my answers short and in layman terms, but there is always much more to the actual prosecution and elements of the offense/crime thaen what I can cover in a few paragraphs.
Back to the original question posed. Yes, if the authorities can develop enough probable cause after investigating the incident, then a person "on the vessel" that is intoxicated can be deemed "in command" and if not at the helm still charged with an offense.
Once again, it is a very tough case to prosecute and very rarely pursued. But it is the law both Federally and Statewide here in New Hampshire, whether we agree with it or not.