Winnipesaukee Forum - View Single Post

bigpatsfan · 07-11-2008, 07:32 AM

Currently, unlike motor vehicles, there is no law against having alcohol on a boat.

We can expect that to change. A number of States have recently enacted laws saying there cannot be ANY alcohol on a boat. Like the speed limit issue, it is all about perception. People believe that speeding is an issue so we create a law against it. As seen in this post, people believe that alcohol is an issue, so rest assured that sometime soon, the State will pass a law against having any alcohol on a boat.

Sman stated:
If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence.

Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call.

While it is true about the .03% level can open the door for the MP however, the MP will also need other evidence to prove the driver was impaired. So having a blood alcohol level of .07 absent anything else, means you are innocent of DWI. The MP needs to prove you are impaired not that you have consumed alcohol.

As mentioned previously:
You can be charged with DWI if you are rowing a rowboat, you need not be in a motorized (see below).

Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.

Keep that in mind as you row back to your cottage from your mooring. Or you raft out to your swim platform.

One final thought on this. With cars you can be arrested for DWI even if you were not driving the vehicle. The same is true for boating.

If the MP believes you are going to drive while impaired he can arrest you for DWI. He can also arrest you if he believes you had driven impaired.

So be careful around public docks. If you are impaired make sure that you do not get behind the helm for any reasons (such as turning on the interior lights). Do not have the keys to your boat in your hands or on your person…Do nothing that can be construed that you are somehow in control of the boat.

07-11-2008, 07:32 AM	#21
bigpatsfan Senior Member Join Date: Aug 2007 Posts: 86 Thanks: 21 Thanked 15 Times in 9 Posts	Currently, unlike motor vehicles, there is no law against having alcohol on a boat. We can expect that to change. A number of States have recently enacted laws saying there cannot be ANY alcohol on a boat. Like the speed limit issue, it is all about perception. People believe that speeding is an issue so we create a law against it. As seen in this post, people believe that alcohol is an issue, so rest assured that sometime soon, the State will pass a law against having any alcohol on a boat. Sman stated: If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence. Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call. While it is true about the .03% level can open the door for the MP however, the MP will also need other evidence to prove the driver was impaired. So having a blood alcohol level of .07 absent anything else, means you are innocent of DWI. The MP needs to prove you are impaired not that you have consumed alcohol. As mentioned previously: You can be charged with DWI if you are rowing a rowboat, you need not be in a motorized (see below). Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water. Keep that in mind as you row back to your cottage from your mooring. Or you raft out to your swim platform. One final thought on this. With cars you can be arrested for DWI even if you were not driving the vehicle. The same is true for boating. If the MP believes you are going to drive while impaired he can arrest you for DWI. He can also arrest you if he believes you had driven impaired. So be careful around public docks. If you are impaired make sure that you do not get behind the helm for any reasons (such as turning on the interior lights). Do not have the keys to your boat in your hands or on your person…Do nothing that can be construed that you are somehow in control of the boat.