BUI

[zhandfull]

Went down the YouTube rabbit hole of watching Florida BUI arrest on YouTube. First, I will say that I’m not an alcohol drinker., never have been. Second, I couldn’t pass the field sobriety test used even sober. Pretty eye opening how easily officers can ruin your day over a very minor boating violation. A simple boater safety check in Florida provides the perceived probable cause.

Not a lot of information based on BUI rights that I could find on YouTube. One thing I can say is I will not be getting off my boat without being placed under arrest. I will also not be submitting to any field sobriety testing. I will ruin my own day by getting arrested before playing those games.

This pour guy was completed sober. Officers put him through the wringer. Even after blowing 0,000

 

[wishiknew]

Does not work????

 

[zhandfull]

Does not work????

Think it’s fixed. Long video, about 42 minutes in he’s at station blowing 0.000
lol.. Office makes him do it twice. Then request an optional urine sample for drugs. If not taking the option test there is a $500 civil fine.

 

[OC Mike]

Wow, surprised he got the video. I guess it's public record.
Obviously they had their mind made up in the very beginning.

 

[zhandfull]

Wow, surprised he got the video. I guess it's public record.
Obviously they had their mind made up in the very beginning.

The common theme is they have their minds made up before the stop in nearly every BUI video I watched, you are guilty. Because everyone drinks while boating.

 

[jet496]

That being said, I don't know anybody that's gotten a BUI nor see many people getting busted on the water, yet there's a ton of drunk boaters out there. It seems they're usually looking for the obvious & just trying to keep people mindful of their presence.

I was on Lake Navajo once when I did get checked couple times in one week and their mission was to bust people. I did learn exactly what you need to carry on your boat in the state of New Mexico that week.

 

[SixD9R]

Wow- that was fucken bullshit. I generally support LE but those dumb fucks aren't even qualified to be greeters are Walmart. I hope he can file a lawsuit against them or something for the time, hassle and expenses they put him through.

 

[lenmann]

Yeah, doesn't look like great police work there and I generally support the blue. Given the issues and frequency of impaired boat operators, accidents, etc. some degree of over enforcement seems likely. I would hope over time the LEO's become a little better at spotting false positives but if the brass is pushing more enforcement then stuff like this happens.

Not sure I could have remained as calm as Frank was, given he was clearly in the right. If nothing else the video should be instructional for all of us. Thanks for sharing it @zhandfull

 

[Ace in the Hole]

Think it’s fixed. Long video, about 42 minutes in he’s at station blowing 0.000
lol.. Office makes him do it twice. Then request an optional urine sample for drugs. If not taking the option test there is a $500 civil fine.

It’s always about revenue generation… Same reason we have unmarked police cars it’s nothing to do with safety.

I know exactly one person who has ever gotten a BUI, it was last summer on Havasu he was night boating, and got taken to the needles jail

 

[zhandfull]

You would think back at the station realiizing this guy is not BUI they would back off. Nope, still need finger prints, mug shot, and citation for BUI to show up in court.

Lessons learned:
1. Never admit to any drinking.
2. Make sure you’re ready for a safety equipment inspection anytime on the water.
3. Never participate in field sobriety testing.


Not sure what the requirements are for taking breath test or if it’s required. Me personally it would probably prove my case like it did for Frank.

 

[beerrun]

You would think back at the station realiizing this guy is not BUI they would back off. Nope, still need finger prints, mug shot, and citation for BUI to show up in court.

Lessons learned:
1. Never admit to any drinking.
2. Make sure you’re ready for a safety equipment inspection anytime on the water.
3. Never participate in field sobriety testing.


Not sure what the requirements are for taking breath test or if it’s required. Me personally it would probably prove my case like it did for Frank.

You say never participate in a field sobriety test but for me I'm a commercial driver and if I choose not to take the test from what I understand is its an automatic 6 month license sepenion

 

[FreeBird236]

Sounds somewhat like @Joker experience.

 

[zhandfull]

You say never participate in a field sobriety test but for me I'm a commercial driver and if I choose not to take the test from what I understand is its an automatic 6 month license sepenion

I have my commercial license too. I thought it was just if you didn’t take a blood or breath test. But that is for highway (DUI).

Not sure about boating. Do you have to have a drivers license to operate a boat? Does a BUI go on your driving record? This is a boating site. Need to clear up some of these questions as winter approaches.

 

[Joe mama]

Not sure why they didn’t have a breathalyzer, I would have stopped halfway through that circus. I had a hard time watching that to the end.

 

[was thatguy]

I don’t dance.

 

[SpeedyWho]

If you know you’re complete sober can you offer to skip the field sobriety tests and do a breathalyzer to get it over with?

 

[Justfishing]

It took them forever to do the eye test. That there showed he was not drunk. A couple oftimes back and forth should do.

 

[zhandfull]

If you know you’re complete sober can you offer to skip the field sobriety tests and do a breathalyzer to get it over with?

The more you cooperate the closer they make you feel like you will be on your way. Then they ask you to turn around and slap the cuffs on.

I believe all the hand patty cake games are not required. They are just building a case against you. I would have to tell them no. Breath or blood test let’s stop F’ing around, assuming you are sober.

 

[was thatguy]

If you know you’re complete sober can you offer to skip the field sobriety tests and do a breathalyzer to get it over with?

That’s exactly what I do.
Except I wouldn’t call it an “offer”.
They aren’t there to negotiate typically.
I told em let’s skip this and save everyone some time, or let’s all go for a ride. They act surprised, but did it, no big deal.
Fake hip and chronic arthritis, I’m not doing the dance.

 

[was thatguy]

The more you cooperate the closer they make you feel like you will be on your way. Then they ask you to turn around and slap the cuffs on.

I believe all the hand patty cake games are not required. They are just building a case against you. I would have to tell them no. Breath or blood test let’s stop F’ing around, assuming you are sober.

I think it’s protocol to assess impairment, regardless of the BAC?

 

[C_J_J_C]

I give zero sympathy to anyone guilty of BUI/DUI but from experience if there is a second person on the boat at time of contact have that person be contact. The driver has Zero obligatiin to stand up or even talk. Make then "Form their opinion" based on the least info.

 

[RiverDave]

I give zero sympathy to anyone guilty of BUI/DUI but from experience if there is a second person on the boat at time of contact have that person be contact. The driver has Zero obligatiin to stand up or even talk. Make then "Form their opinion" based on the least info.

You have zero obligation to comply?

 

[C_J_J_C]

You have zero obligation to comply?

If the stop is a boat inspection..... the driver is not obligated.

If someone else states they are the reaponsible party. The police will try over and over to engage the driver but if the driver remains silent and the passenger asks ask is he/she under arrest the driver has no obligation to reply or move unless under arrest.

Now if the cop says it is a stop for driving violation (No wake, unsafe movement, ect) the driver is only oligated to provide info but again no obligation to engage unless arrested.

 

[beerrun]

Was that coast guard on a sheriff boat?

 

[zhandfull]

Was that coast guard on a sheriff boat?

Sheriff in video.

 

[beerrun]

Sheriff in video.

Nope the two guys early are USCG

 

[zhandfull]

Nope the two guys early are USCG

Must have been some DUI joint task force going on that day. Coast Guard riding along on a sheriff boat. Frank asked if they were trainees. Lol

Three enforcement officers on that boat and none of them could figure out he wasn’t under the influence.

 

[HALLETT BOY]

You say never participate in a field sobriety test but for me I'm a commercial driver and if I choose not to take the test from what I understand is its an automatic 6 month license sepenion

I wonder how many truck drivers these days are driving on suspended licenses ? They drive like they’ve never had a commercial license or driving school to begin with …

 

[dribble]

It’s always about revenue generation… Same reason we have unmarked police cars it’s nothing to do with safety.

I know exactly one person who has ever gotten a BUI, it was last summer on Havasu he was night boating, and got taken to the needles jail

That arrest, incarceration, prosecution, court time, clerical time, Judge time, etc probably cost the county $10,000.00. This is not a cash cow. It starts with those moronic deputies trying to justify their existence. I don’t know about Arizona but in California it’s illegal to use unmarked vehicles for traffic enforcement.

 

[chadzilla]

While I have had mostly very pleasant experiences with the coast guard and local police, I did have one that wasn't great. We had been floating outside the marina relaxing and decided it was time to head in. I had not been drinking at all as I had to tow our boat home. We start idling in and I notice a sheriff's boat approaching my starboard side. Maritime law states that I has the give way vessel, and they were the stand on vessel, so I took the boat out of gear. The sheriffs, boat did the same. They were at least400 yards away so I went back into gear. So did the sheriff. This went on 2-3 more times. By now I knew what they were doing. By now, We were only maybe 100' from the dock and I knew we were getting stopped, I went ahead and pulled in tom the marina in front of them and sure enough they lit me up. Tied up n waited for them to come over. They started in on how I endangered them by pulling in front of them. I responded by stating the laws and how they DID NOT maintain course and speed which forfeited their position as the stand on vessel. They gave up on that and then started in on how our boat was too loud and that they were going to do a decibel test. I instructed them to proceed as I knew it would pass but questioned them on which test they were going to perform as there are 2 different tests depending on the age of the boat. They looked at me in disbelief and put their decibel meter away. Went thru the safety check with them with no issues. I held my tongue the entire time which was really hard and was finally released to go about my way. I did have a fun experience with the coast guard about 3 years ago though. We had been out all day and yes, I had a few beers over several hours. probably 4 over the entire day. Regardless, my wife said she would park the boat in the slip as we knew the coast guard was using the dock for their operations for the holiday weekend. As we approached, we realized that the dock was packed except for our spot. The dock is a straight dock with space to side tie on both sides. However, the side facing shore has a log boom designating a swim area about 40' away which makes it a very narrow passage. Wifey says she can't park the boat so I said I would and not to worry as it had been a couple hrs since my last beer. As we pull down the dock, the coastie starts walking along with us on the dock. I spin the boat around, back in and tie off. He looks at me and says "even if you had a drink in your hand, I still wouldn't give you a field test!" We chuckled a bit and had a pleasant conversation for a bit!

 

[COCA COLA COWBOY]

There are a lot of crooked cops out there. I have a lot of LEO in my family and close friends all of which are straight shooters. However, there is one that keeps getting fired and moving to other departments that I know will go down at some point. I went down the social media video rabbit hole and can see a democrats view of a lot of cops. At the end of the day, the cop needs to know they are there to protect and serve and not to just arrest people or write tickets.

When I was a kid, the last of my generation for sure, I did get pulled over after a couple beers and just told to go straight home. This would never happen again. Cops are just another tax agency or revenuer these days. Change the philosophy and society will embrace them again.

There is a reason older people have a positive outlook on LE. The cops of old generations didn't just write tickets and take people to jail. They had some common sense and a heart. Not all of them, but it was a different time. However, on the flip side....crooks are more hard core and there are a lot more criminals thanks in part to schools, welfare, the entitled society.

At any rate, discipline has to start at home.

 

[stephenkatsea]

What is the Field Sobriety Test for BUI of marijuana?

 

[fishing fool]

What does @BoatCop have to say on this?

 

[COCA COLA COWBOY]

It can happen to anyone...this guy didn't ever appear to be intoxicated or drugged.

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