Alcohol & Drugs: DUI, DWI Boating in DC while intoxicated (BWI)

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rbuckner

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Boating in DC

What is the real LAW on the water concerning alcohol? I have heard that open containers are not allowed on the boat jus tlike they are not allowed in the car. I have also heard that drinking on the water is ok so long as the captain is clean and sober.
 
Re: Boating in DC

Originally posted by rbuckner:
What is the real LAW on the water concerning alcohol? I have heard that open containers are not allowed on the boat jus tlike they are not allowed in the car. I have also heard that drinking on the water is ok so long as the captain is clean and sober.
As with everything, the law depends upon the jurisdiction you are in. I'm not sure of what open bottle laws are in most states but I believe in CA the law is that if reside in a boat it is restricted by law the same as any other laws applicable to mainland residence. Many states consider boats a recreational vehicle so it seems that the laws are generally more relaxed than they are with motor vehicles.
 
Here are a couple of other boating laws that I discovered in passing. The Coast Guard law is a Federal offense. I've posted relevant sections.

TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
33 CFR 95

33 CFR 95.005 Applicability.
(a) This part is applicable to a vessel (except those excluded by 46 U.S.C. 2109) operated on waters subject to the jurisdiction of the United States, and to a vessel owned in the United States on the high seas. This includes a foreign vessel operated on waters subject to the jurisdiction of the United States.

33 CFR 95.015 Operating a vessel.
For purposes of this part, an individual is considered to be operating a vessel when:
(a) The individual has an essential role in the operation of a recreational vessel underway, including but not limited to navigation of the vessel or control of the vessel's propulsion system.
(b) The individual is a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew, of a vessel other than a recreational vessel.

33 CFR 95.020 Standard of intoxication.
An individual is intoxicated when:
(a) The individual is operating a recreational vessel and has an alcohol concentration of .10 percent by weight or more in their blood;
(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,
(c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation.

33 CFR 95.025 Adoption of State standards.
(a) This section applies to recreational vessels on waters within the geographical boundaries of a State having a statute defining a percentage of alcohol in the blood for the purposes of establishing that a person operating a vessel is intoxicated or impaired due to alcohol.
(b) If the applicable State statute establishing a standard for determining impairment due to alcohol uses the terms "under the influence," "operating while impaired," or equivalent terminology and does not separately define a percentage of alcohol in the blood for the purpose of establishing "intoxication," the standard containing the highest defined percentage of alcohol in the blood applies in lieu of the standard in 33 CFR 95.020(a). If the applicable State statute contains a standard specifically applicable to establishing intoxication, in addition to standards applicable to other degrees of impairment, the standard specifically applicable to establishing intoxication applies in lieu of the standard in 33 CFR 95.020(a).
(c) For the purposes of this part, a standard established by State statute and adopted under this section is applicable to the operation of any recreational vessel on waters within the geographical boundaries of the State.

33 CFR 95.030 Evidence of intoxication.
Acceptable evidence of intoxication includes, but is not limited to:
(a) Personal observation of an individual's manner, disposition, speech, muscular movement, general appearance, or behavior; or,
(b) A chemical test.

33 CFR 95.035 Reasonable cause for directing a chemical test.
(a) Only a law enforcement officer or a marine employer may direct an individual operating a vessel to undergo a chemical test when reasonable cause exists. Reasonable cause exists when:
(1) The individual was directly involved in the occurrence of a marine casualty as defined in Chapter 61 of Title 46, United States Code, or
(2) The individual is suspected of being in violation of the standards in 33 CFR 95.020 or 33 CFR 95.025.
(b) When an individual is directed to undergo a chemical test, the individual to be tested must be informed of that fact and directed to undergo a test as soon as is practicable.
(c) When practicable, a marine employer should base a determination of the existence of reasonable cause, under paragraph (a)(2) of this section, on observation by two persons.

33 CFR 95.040 Refusal to submit to testing.
(a) If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by a law enforcement officer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding and the individual will be presumed to be intoxicated.
(b) If an individual refuses to submit to or cooperate in the administration of a timely chemical test when directed by the marine employer based on reasonable cause, evidence of the refusal is admissible in evidence in any administrative proceeding.

33 CFR 95.045 General operating rules for vessels inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code.
While on board a vessel inspected, or subject to inspection, under Chapter 33 of Title 46 United States Code, a crewmember (including a licensed individual), pilot, or watchstander not a regular member of the crew:
(a) Shall not perform or attempt to perform any scheduled duties within four hours of consuming any alcohol;
(b) Shall not be intoxicated at any time;
(c) Shall not consume any intoxicant while on watch or duty; and
(d) May consume a legal non-prescription or prescription drug provided the drug does not cause the individual to be intoxicated.

33 CFR 95.050 Responsibility for compliance.
(a) The marine employer shall exercise due diligence to assure compliance with the applicable provisions of this part.
(b) If the marine employer has reason to believe that an individual is intoxicated, the marine employer shall not allow that individual to stand watch or perform other duties.

33 CFR 95.055 Penalties.
An individual who is intoxicated when operating a vessel in violation of 46 U.S.C. 2302(c)_
(a) Is liable to the United States Government for a civil penalty of not more than $1,000; or
(b) Commits a class A misdemeanor, as described in 18 U.S.C. 3551 et seq.
 
I believe that all 50 states and DC have enacted BWI laws. I believe DC's is 44 DCR 1242, which I couldn't find. Here is New Hampshire's as an example.

270:48-a Boating While Intoxicated; Penalties. – I. No person shall operate or attempt to operate a boat while under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and a controlled drug.
II. Any person convicted of a violation of

(a) This section; or

(b) RSA 630:2 or 3, or RSA 631:1, 2, 2-a, or 3 when the offense was committed by means of his operation of a boat shall not operate a boat on the waters of this state for a period of one year from the date of his conviction, whether or not such conviction is appealed. Any person operating a boat during such a period is guilty of a misdemeanor.

III. Any person convicted of a violation of this section who at the time of the violation was transporting a person under the age of 16 shall not operate a boat on the waters of this state until the offender has successfully completed a 7-day program at the state operated multiple DWI offender program or an equivalent 7-day residential intervention program approved by the commissioner of the department of health and human services at the person's own expense. Any person operating a boat in violation of this paragraph is guilty of a misdemeanor.

IV. Upon complaint, information, indictment or trial of any person charged with a violation of this section, the court may admit evidence obtained under RSA 270:49 of the defendant's alcohol concentration as defined in RSA 259:3-b at the time alleged, as shown by a chemical, infrared molecular absorption or gas chromatograph test or tests of his breath, urine or blood.

V. Any conviction under this section shall be reported to the commissioner of the department of safety, division of motor vehicles, and shall become a part of the motor vehicle driving record of the person convicted.

VI. Any person who is convicted of a violation of paragraphs I-III of this section shall be subject to the same penalties as a person convicted of a violation of RSA 265:82 as specified in RSA 265:82-b.

VII. Any person who is convicted of a violation of RSA 265:82 or RSA 265:82-a shall lose the privilege to operate a motorboat on the waters of this state for a period of one year from the date of conviction.
 
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