Todays article on SB-27....2/23/11

[jrc]

Originally Posted by Rusty

I’m not familiar with the problem at “Braun Bay”, can you enlighten me a little on that. I see people having fun and consuming beverages there but I didn’t know that when they left the Bay to go somewhere else that the captains of these boats were intoxicated beyond the .08 level. Maybe having checkpoints in that area when boats are leaving would be a good idea then.

I am also not familiar with the problems at “the town dock in Meredith and Wolfeboro after last call”. Is this something that you have witnessed and know for a fact that a lot of boaters are piloting there boats while over the .08 level?

I’m not trying to give you a hard time, it’s just that I didn’t know that we need up to 12 MP personnel and boats to fix this problem in those areas of the Lake.

You're kidding right?

[Rusty]

Originally Posted by jrc

You're kidding right?

I sent your original post to Daivd Barrett (Director of the Division of Safety Services) to see what he thinks about the problem in those areas. I referenced the speed limit law and said that a lot of people who use the Lake want to fix the BUI problem. I’ll let you know if I receive a response from him.

I’m all for fixing the BUI problem on the Lake and maybe this will help.

I sent this section of your post (along with a few comments of my own):

“The problem is driving a boat after they drank too much. Some people sit at the sand bar, anchorage, a party, a dock and drink too much, then they drive the boat home when they shouldn't. Some people go to a restaurant or bar and drink too much then they drive the boat home when they shouldn't.

Go after the real problem, not some side issue that make you feel good.

Everyone knows if the MP put 3 or 4 boats at the mouth of Braun Bay on weekends around dusk, and do the same with the town docks in Meredith and Wolfeboro after last call, this would make a huge dent in the problem.”

[jrc]

While it can't hurt to send my email to Director Barrett, I find it hard to believe he doesn't know about people drinking then driving their boats on the lake.


My point was more about the "open container" law, you suggested. Imagine two hypothetical scenarios: a man, let's call him Smallmeadow, has too much to drink at a lakeside bar and on the way home in his boat he runs over another boat killing someone; a women let's call her Snowstorm, has too much to drink at a lakeside bar and on the way home runs into an island killing a passenger. Now does it really matter if they had open containers on board? How many hypothetical scenarios can you relate where an open container may have contributed to a fatal accident on the lake?

The problem is not drinking, it's drunks behind the wheel.

[nhhick]

I think its time people start reviewing their safe boating books that they had to read to get their license. There is no legal limit on drinking while driving a boat, its the point of imparment as detimined by MP. You can blow a .04 and still get a DWI. The only no tolerance activity in this state is snowmobileing. As far as a speed limit, there are more dangerous things going on on the lake than that, like not knowing navigational markers. I watched someone last summer cut 2 black tops because he thought those and our mouring field markers were chanel markers, his words not me guessing. he did hit a rock and damaged his lower unit, and if he was just a little farther in he would have hit a bigger rock that would have surely injured his passengers. That to me is more dangerous than someone doing 60 across the broads. Education and experience should be the focus, not more restrictions that are going to be laughed at by those who need to feed their egoes.

[Skip]

Originally Posted by nhhick

...I think its time people start reviewing their safe boating books that they had to read to get their license. There is no legal limit on drinking while driving a boat, its the point of imparment as detimined by MP. You can blow a .04 and still get a DWI. The only no tolerance activity in this state is snowmobileing...

That is incorrect. The same statute that pertains to motor vehicles also pertains to boating (as well as snowmobiling & ATVs). A blood alcohol concentration of .08 or more is presumed intoxication. If you are under 21 that concentration falls to .02%.

Please review the applicable statutes under Chapter 265-A to get the correct information.

While it is theoretically possible to be charged with operating while intoxicated with a BAC of less than .08%, convictions are extremely difficult. However, there is no difference under this statute whether you are operating a boat, ATV, snowmobile or motor vehicle.

[Rusty]

Originally Posted by Skip

That is incorrect. The same statute that pertains to motor vehicles also pertains to boating (as well as snowmobiling & ATVs). A blood alcohol concentration of .08 or more is presumed intoxication. If you are under 21 that concentration falls to .02%.

Please review the applicable statutes under Chapter 265-A to get the correct information.

While it is theoretically possible to be charged with operating while intoxicated with a BAC of less than .08%, convictions are extremely difficult. However, there is no difference under this statute whether you are operating a boat, ATV, snowmobile or motor vehicle.

Thanks Skip,

I'm glad you beat me to the punch because I could not have said it as nicely as you did. IMHO it's folks like "nhhick" that need to be educated in the boating laws of NH.

[nhhick]

I stand corrected, I do not have time or patience enough to look up RSAs therefor go by what our local law enforcment agencies tell me. Last summer I got my commercial boating license, after having my private for 10 years, and all of marine patrols material covers alcohol consumption repeatadly and that is where I got my information, one video from MP always came back to alcohol and/or PFDs. We also had a Q&A with a fish & game afficer at a club meeting winter and he made it very clear there was a zero tolerance on snowmobiles. The RSA make me happy in many ways, I enjoy a cold one with an order of wings and good friends while im out on the trails and it makes a solid case on the lake instead of just MPs judgement. maybe a little more education is due for all. continued education is required for many licenses, maybe others should need to be kept up as well with the way laws are changing these days.

[BroadHopper]

Originally Posted by Skip

While it is theoretically possible to be charged with operating while intoxicated with a BAC of less than .08%, convictions are extremely difficult. However, there is no difference under this statute whether you are operating a boat, ATV, snowmobile or motor vehicle.

As I have posted before, I was jailed and found guilty of DUI twice, even though my breathalyzer was 0%. I am profound hard of hearing. I can't speak well and I can't walk a straight line. The LEOs had reason to believe I was under the influence. Both LEOs failed to appear an appeals court and I was found innocent, my records were cleaned. It was the humiliation, the hiring of a lawyer and the suspension of my license that did not make it fair. So it is possible to be wrongfully accused of DUI.

[ApS]

Originally Posted by Skip

A blood alcohol concentration of .08 or more is presumed intoxication. If you are under 21 that concentration falls to .02%.
While it is theoretically possible to be charged with operating while intoxicated with a BAC of less than .08%, convictions are extremely difficult. However, there is no difference under this statute whether you are operating a boat, ATV, snowmobile or motor vehicle.

While trying to remember how many died in an inland Poker Run a few years ago, I stumbled on this Mastercraft forum post which followed the description of a collision that took the lives of FIVE boaters.

"Not to judge or throw stones, but while I agree that it doesn't make you a threat, I believe that consuming an amount of alcohol that provides you with the desired effect (a nice buzz) does impair your abilities to some extent, regardless of whether you think it does or not.

It might not make you a threat, but it does lessen your abilities to pilot your boat. Not to mention the fact that for many people, maybe not you, the ability to know when to say "when" diminishes when alcohol starts to be consumed.

I just don't trust myself to be able to operate my boat to the highest ability under the influence, so I never drink when I'm driving the boat. And trust me, I love a beer a lot more than the next guy. I just save it for the after ski activities.

While I think it's a knee jerk reaction to assume "drunk" anytime you hear boat accident, I understand that statistics indicate that alcohol is a factor in a very high percentage of boating accidents, particularly as compared to other motor vehicles. So I can at least understand why people feel the way they do. Plus, if you've ever seen the damage that drunks can do, it hits even closer to home.

With a significant percentage of Winnipesaukee boaters dismissing the presence of alcohol aboard boats, the above writer has just echoed my assertion that whatever is "Reasonable" and "Prudent" will change with every sip of alcohol.