Operation Dry Water

[ishoot308]

Originally Posted by SAMIAM

Saw on the morning news that there is a statewide crackdown this week on impaired boaters with extra marine patrol on duty.
Every afternoon we see lots of booze cruisers, mostly in pontoon boats having a beer or glass of wine while cruising the shore at 4mph and hope they don't get too heavy handed.On the other hand,I'm glad they're out there to keep an eye out for people in go fast boats after a day of drinking
Not sure what the law is.......I believe it's legal for an operator to have an open container as long as he or she is not impared.Anyone know if that's true?

It is completely legal to have an open container when on or operating your boat. You cannot be impaired however. At the legal limit in NH of .08, that usually means two beers / drinks max for the majority of us... Not much difference than the laws on the road except the open container part. Go out to dinner have a glass of wine, no problem...go out to dinner have a bottle of wine, see you in the slammer!


Dan

[TiltonBB]

WMUR had a short piece about it. It looks like it was filmed at the Glendale docks.


http://www.wmur.com/article/nh-marin...99469/22013992

[thinkxingu]

Originally Posted by ishoot308

It is completely legal to have an open container when on or operating your boat. You cannot be impaired however. At the legal limit in NH of .08, that usually means two beers / drinks max for the majority of us... Not much difference than the laws on the road except the open container part. Go out to dinner have a glass of wine, no problem...go out to dinner have a bottle of wine, see you in the slammer!


Dan

I think one of the issues of comparing driving to boating, however, is that sun, wind, and dehydration amplify the effect of alcohol.

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[JADAQ]

Marine patrol can’t navigate a boat at the sand bar without running aground...

Wonder how well said officer can do field sobriety tests..??

[Hillcountry]

Originally Posted by JADAQ

Marine patrol can’t navigate a boat at the sand bar without running aground...

Wonder how well said officer can do field sobriety tests..??

Ha...all a MP officer needs to know is: BLOW...BLOW...KEEP BLOWING...BLOW HARDER!

[Hillcountry]

Originally Posted by thinkxingu

I think one of the issues of comparing driving to boating, however, is that sun, wind, and dehydration amplify the effect of alcohol.

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Hot mamas in bikinis might amplify it too!

[Parker]

Originally Posted by ishoot308

It is completely legal to have an open container when on or operating your boat. You cannot be impaired however. At the legal limit in NH of .08, that usually means two beers / drinks max for the majority of us... Not much difference than the laws on the road except the open container part. Go out to dinner have a glass of wine, no problem...go out to dinner have a bottle of wine, see you in the slammer!


Dan

Anybody have the RSA for this? Would like to know the law verbatim of possible....did a quick search but couldn’t find anything

[Doobs41378]

Originally Posted by Parker

Anybody have the RSA for this? Would like to know the law verbatim of possible....did a quick search but couldn’t find anything

I don’t have the RSA but what he says is true in NH.


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[Poor Richard]

There isn't an RSA regarding open container on a vessel.

As already stated, .08 BAC is NH DWI threshold.

Marine Patrol can act on that threshold as they see fit.

EDIT: Nearly forgot.....


https://nhtourguide.com/is-it-legal-...shire-208.html

[noreast]

Originally Posted by Poor Richard

There isn't an RSA regarding open container on a vessel.

As already stated, .08 BAC is NH DWI threshold.

Marine Patrol can act on that threshold as they see fit.

EDIT: Nearly forgot.....


https://nhtourguide.com/is-it-legal-...shire-208.html

Right, This is the real law, Truth is you can easily get A BWI after a beer or two. You blow a .03 and make an illegal or stupid move, Bang you can be charged. You are further impaired by sea legs, sun beating down, waves rocking. It really is BS, I don't drink so not an issue for me, but they want it both ways, It's ok you're allowed to drink but not really.

[Outdoorsman]

Originally Posted by noreast

Right, This is the real law, Truth is you can easily get A BWI after a beer or two. You blow a .03 and make an illegal or stupid move, Bang you can be charged. You are further impaired by sea legs, sun beating down, waves rocking. It really is BS, I don't drink so not an issue for me, but they want it both ways, It's ok you're allowed to drink but not really.

I would love to see the stats on this. Specifically how your BAC is somehow increased because the alcohol is consumed while sitting in a boat or how you are further impaired for any of those reasons.

I would tend to believe that it is NOT truth that you can get BWI after a beer or two, nor is it illegal to blow a .03.

[thinkxingu]

Originally Posted by Outdoorsman

I would love to see the stats on this. Specifically how your BAC is somehow increased because the alcohol is consumed while sitting in a boat or how you are further impaired for any of those reasons.

I would tend to believe that it is NOT truth that you can get BWI after a beer or two, nor is it illegal to blow a .03.

From Lucida Treatment Centers: "Not everyone realizes this, but when you’re drinking while on a boat, you will become impaired more quickly than if you were drinking on land. The effects of sun and heat dehydrate you and leave you feeling drunk with less alcohol. Add to that the rocking motion of the boat, the fatigue that sets in with drinking and heat, and you have a combination that is more dangerous than operating a car while drinking."

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[noreast]

Originally Posted by Outdoorsman

I would love to see the stats on this. Specifically how your BAC is somehow increased because the alcohol is consumed while sitting in a boat or how you are further impaired for any of those reasons.

I would tend to believe that it is NOT truth that you can get BWI after a beer or two, nor is it illegal to blow a .03.

Read poor richards article he posted above, I don't necessarily agree with it, but that is what marine patrol can and will do. You might win in court and you might not but they can arrest you.

[FlyingScot]

Originally Posted by noreast

Right, This is the real law, Truth is you can easily get A BWI after a beer or two. You blow a .03 and make an illegal or stupid move, Bang you can be charged. You are further impaired by sea legs, sun beating down, waves rocking. It really is BS, I don't drink so not an issue for me, but they want it both ways, It's ok you're allowed to drink but not really.

For the sun/dehydration reasons you and Think have noted, I can't quite imagine myself having multiple drinks on a boat I was piloting, so I think the law makes sense. You can have a beer on a beautiful day on the lake without legal fear, but not more than one if people are counting on you.

[Rusty]

I weight 250 lbs and can have a little over 4 drinks before I blow .08

[Cal Coon]

A DUI on a boat has EXACTLY the same ramifications as a DUI in your car in the state of NH. You would think WMUR would have mentioned that... However, a good lawyer will have a field day arguing the field sobriety test of someone that is on a "rocking" boat, or even bringing that person to land for the sobriety test after being on a boat for a long period of time, because it is a fact that some people continue to "feel" like they are still "rocking" on a boat long after they have been off the boat. Don't get me wrong, I don't condone drunk driving, just saying that if you are stupid enough to drink and drive, and you get a DUI, you have a better chance of beating it on a boat arrest. I witnessed this trial in Laconia District court a few years ago when I was there fighting a speeding ticket, and the perp was found not guilty because of the "rocking boat" field sobriety test defense... Personally, I don't drink, so I have no worries, but if I did and I was driving the boat, I would not drink one drop of alcohol. The penalties are just way to severe to even chance it, and when you have the Gestapo of MP that is on this lake these days, it's not a question of "IF", it's WHEN you get caught. Also, in this state, if you refuse to blow, you lose your license AUTOMATICALLY for 6 months, and even if charges are dropped, or you are found innocent at trial, you still lose license for 6 months. Which is BS to me, but that's the Gestapo.

[Outdoorsman]

Originally Posted by Cal Coon

... However, a good lawyer will have a field day arguing the field sobriety test of someone that is on a "rocking" boat, or even bringing that person to land for the sobriety test after being on a boat for a long period of time, because it is a fact that some people continue to "feel" like they are still "rocking" on a boat long after they have been off the boat.

There are field sobriety tests that take that into consideration. A rocking boat does not screw up ones ability to recite the alphabet starting at a certain letter for example. Or count backward from 96-69 (i am making that up)... I am sure they are not asking you to walk ten paces, turn and walk back....

[AC2717]

Originally Posted by Outdoorsman

There are field sobriety tests that take that into consideration. A rocking boat does not screw up ones ability to recite the alphabet starting at a certain letter for example. Or count backward from 96-69 (i am making that up)... I am sure they are not asking you to walk ten paces, turn and walk back....

while i would agree, my wife with MS cannot balance on one leg, it attacked her eye nerves, so they jump a little, and reciting the alphabet backwards or starting at a letter is hard enough sober on dry land.

i do not condone it, but I can see how easy it would be to beat unless you were fall down drunk blacking out

[hd333]

Originally Posted by AC2717

while i would agree, my wife with MS cannot balance on one leg, it attacked her eye nerves, so they jump a little, and reciting the alphabet backwards or starting at a letter is hard enough sober on dry land.



i do not condone it, but I can see how easy it would be to beat unless you were fall down drunk blacking out

I honestly think I would have a better shot saying the alphabet backwards if I WAS drunk. I just tried and stumbled through it. Is that really a field sobriety test?


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[FlyingScot]

Forget the law--I would never get into a boat with a captain who had 4, even if he was 350

[pault842]

Originally Posted by FlyingScot

Forget the law--I would never get into a boat with a captain who had 4, even if he was 350

Exactly the way I feel. I am always especially reluctant to take passengers out that have had too much to drink. When my brother-in-law arrives with a case of beer, I'm much happier staying on the beach.

[hd333]

Originally Posted by pault842

Exactly the way I feel. I am always especially reluctant to take passengers out that have had too much to drink. When my brother-in-law arrives with a case of beer, I'm much happier staying on the beach.

I may be Mr Party Pooper but once a beer hits my lips the boat/seadoo is not leaving the dock with me at the controls. It isn’t worth it.

The kids better get me early in the day if they want to tube/wakeboard, etc....

Beer in the hand = Feet in the sand.


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[Poor Richard]

[Rinkerguy]

NH MP unfortunately can board your vessel without cause to perform a “ safety check” once they see an open container they will go into alcohol investigation mode. In the end, they need cause to perform a field sobriety check. Keeping your intake to one drink per hour, should allow you to metabolize the alcohol, and eating food and drinking water will help keep you BAC down.

Drinking Responsibile is the best advise

[Top-Water]

Originally Posted by Rinkerguy

NH MP unfortunately can board your vessel without cause to perform a “ safety check” ...........

Debated here a few years ago.
https://www.winnipesaukee.com/forums...ad.php?t=15793

[Merrymeeting]

Originally Posted by Cal Coon

A DUI on a boat has EXACTLY the same ramifications as a DUI in your car in the state of NH. You would think WMUR would have mentioned that...

In the report I saw this AM about this story...they did.

[TheVoiceOfReason]

Originally Posted by Cal Coon

The penalties are just way to severe to even chance it, and when you have the Gestapo of MP that is on this lake these days, it's not a question of "IF", it's WHEN you get caught. Also, in this state, if you refuse to blow, you lose your license AUTOMATICALLY for 6 months, and even if charges are dropped, or you are found innocent at trial, you still lose license for 6 months. Which is BS to me, but that's the Gestapo.

Probably both a bit unnecessary and a bit of hyperbole to compare the MP to the Gestapo.

[Cal Coon]

Originally Posted by TheVoiceOfReason

Probably both a bit unnecessary and a bit of hyperbole to compare the MP to the Gestapo.

Of course it's hyperbole, I just used the word Gestapo for emphasis of the overwhelming presence of not just Marine Patrol, I include State Police, Fish & Game, Sheriffs Dept, and just about ALL of the local Police Departments in NH. IMHO ALL are over staffed, and overbearing in this state. I support law enforcement (to a point), but when they can board your boat for any reason, stop your commercial truck for any reason, tell you to "open your hood" (on a snowmobile) for any reason, all for the "sake of safety", I think that is out of control in a state with the greatest motto of all the states in the country!! I don't agree that they should be able to do ANY of it without JUST CAUSE. Not to mention the tax burden on top of it all... One of my all time favorite quotes: WHEN A SOCIETY IS WILLING TO SACRIFICE LIBERTIES FOR THE SAKE OF SAFETY, IT WILL LOSE BOTH, AND DESERVE NEITHER. Benjamin Franklin

[kawishiwi]

Originally Posted by Cal Coon

Not just Marine Patrol, I include State Police, Fish & Game, Sheriffs Dept, and just about ALL of the local Police Departments in NH. IMHO ALL are over staffed, and overbearing in this state. I support law enforcement (to a point), but when they can board your boat for any reason, stop your commercial truck for any reason, tell you to "open your hood" (on a snowmobile) for any reason, all for the "sake of safety", I think that is out of control in a state with the greatest motto of all the states in the country!! I don't agree that they should be able to do ANY of it without JUST CAUSE. Not to mention the tax burden on top of it all... One of my all time favorite quotes: WHEN A SOCIETY IS WILLING TO SACRIFICE LIBERTIES FOR THE SAKE OF SAFETY, IT WILL LOSE BOTH, AND DESERVE NEITHER. Benjamin Franklin

... someone needs a nap.

[Rusty]

Originally Posted by Cal Coon

One of my all time favorite quotes: WHEN A SOCIETY IS WILLING TO SACRIFICE LIBERTIES FOR THE SAKE OF SAFETY, IT WILL LOSE BOTH, AND DESERVE NEITHER. Benjamin Franklin

You sure did butcher what Ben Franklin actually said and meant.
Get back to us when you do a little research about his real quote.

[Cal Coon]

Originally Posted by Rusty

You sure did butcher what Ben Franklin actually said and meant.
Get back to us when you do a little research about his real quote.

I guess it all depends on what web site you looked it up. What's your version, rusty?

[Cal Coon]

Originally Posted by Rusty

You sure did butcher what Ben Franklin actually said and meant.
Get back to us when you do a little research about his real quote.

Hey rusty, I'm still waiting for your version of "the real quote" that you said I butchered. Your silence is deafening... Are you a history teacher in our public school system spewing propaganda to our young unsuspecting minds? It doesn't work on adults that know better...

[Garcia]

Originally Posted by Cal Coon

Hey rusty, I'm still waiting for your version of "the real quote" that you said I butchered. Your silence is deafening... Are you a history teacher in our public school system spewing propaganda to our young unsuspecting minds? It doesn't work on adults that know better...

Here is the quote I believe you are referencing: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

Franklin wrote this in 1755 - and the context of the letter is much more about taxes than liberty. It started being taken out of context about 50 years ago, give or take, and now is often used in a manner different than Franklin’s original use.

Not looking for a debate, just offering up some information.

[Top-Water]

Originally Posted by Garcia

Here is the quote I believe you are referencing: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”

Franklin wrote this in 1755 - and the context of the letter is much more about taxes than liberty. It started being taken out of context about 50 years ago, give or take, and now is often used in a manner different than Franklin’s original use.

Not looking for a debate, just offering up some information.

Correct Thank You.


https://www.fi.edu/benjamin-franklin...lin-never-said

Number 7 applies to this thread.

[Top-Water]

For reference here is the origin of this "Operation Dry Water"

https://www.nh.gov/safety/divisions/...-dry-water.pdf

Then WMUR ran one of there Human Interest BS stories about it. I mention BS because there should not be a special weekend where they enforce the laws that are already on the books, because of a press release. BS twice because they mention increased enforcement across the states waterways. Fished most of the day last Saturday June 30 on Winnisquam, then spent the last half of the day at the Winnisquam sand bar ( myself - stone cold sober all day, most of the other folks ****faced). During the daylight hours the Marine Patrol Boat never moved off of its docking space. I'm not trying put down the Marine Patrol, but I hate the BS story.

[The Real BigGuy]

Originally Posted by Top-Water

Correct Thank You.


https://www.fi.edu/benjamin-franklin...lin-never-said

Number 7 applies to this thread.

Cal Coon - see above. Not a response from Rusty (which I think you deserve - to paraphrase my father, Don’t tell me what’s wrong, tell me what’s right.) but it does put Franklin in context. However, one of the great things about quotes is we can use them any way we want because we generally have no idea what their original context was.


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[Rusty]

Originally Posted by The Real BigGuy

Cal Coon - see above. Not a response from Rusty (which I think you deserve - to paraphrase my father, Don’t tell me what’s wrong, tell me what’s right.) but it does put Franklin in context. However, one of the great things about quotes is we can use them any way we want because we generally have no idea what their original context was.


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The only reason some people want a response is to continue the back & forth bickering.
I'm not going to do that.

[thinkxingu]

Originally Posted by Cal Coon

Hey rusty, I'm still waiting for your version of "the real quote" that you said I butchered. Your silence is deafening... Are you a history teacher in our public school system spewing propaganda to our young unsuspecting minds? It doesn't work on adults that know better...

I posted a link above with info to set you straight. It expands on Garcia's summary.

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[Cal Coon]

Originally Posted by thinkxingu

I posted a link above with info to set you straight. It expands on Garcia's summary.

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The link you posted is pretty much just what I said. Just talking semantics. That's why I asked rusty to explain how I "butchered" it because I knew rusty's post was completely false, and I just wanted to see if he was capable of admitting he was wrong, like I did in another post when I regretted using the word Gestapo. I have no problem "taking my medicine" when I am wrong about something...

[ApS]

Originally Posted by Cal Coon

Of course it's hyperbole, I just used the word Gestapo for emphasis of the overwhelming presence of not just Marine Patrol, I include State Police, Fish & Game, Sheriffs Dept, and just about ALL of the local Police Departments in NH. IMHO ALL are over staffed, and overbearing in this state. I support law enforcement (to a point), but when they can board your boat for any reason, stop your commercial truck for any reason, tell you to "open your hood" (on a snowmobile) for any reason, all for the "sake of safety", I think that is out of control in a state with the greatest motto of all the states in the country!! I don't agree that they should be able to do ANY of it without JUST CAUSE. Not to mention the tax burden on top of it all... One of my all time favorite quotes: WHEN A SOCIETY IS WILLING TO SACRIFICE LIBERTIES FOR THE SAKE OF SAFETY, IT WILL LOSE BOTH, AND DESERVE NEITHER. Benjamin Franklin

On boating's deadliest day, I saw the Marine Patrol make THREE stops. After watching over 60 years, this is Winter Harbor's all-time record!