DOES ANYONE ELSE KNOW IT'S AGAINT THE LAW TO DRIVE YOUR BOAT IF YOU HAVE BEEN DRINKIN

[2FORCEFULL]

Doesn't seem to me that many know the law....the law says you can't drive your boat if you have drank the slightest amount...
in fact if you get pulled over... and even though you are not to the legal limit... they can stop you from driving....make you park the boat or have a DD drive it....as known by many, alchol affects people different.... someone who doesn't drink is more effected by one beer than some who are heavy drinkers...but... no mater ...1 or 10 drinks...you are imparired and under the influence to the slightest degree...

as most of the patrol boats seem to be out there wanting everyone to be safe and have fun... and don't really inforce the laws....they are laws ..and could be inforced at any time...

here's a quote from the actual law book...

" NO PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS TO THE SLIGHTEST DEGREE
SHALL OPERATE OR BE IN PHYSICAL CONTROL OF ANY MOTORIZED WATER CRAFT"

http://www.azgfd.gov/outdoor_recreation/documents/2008BoatingAtaGlance_AZ.pdf

 

[BHC Vic]

[emoji106] I've said it for quite a while. I will quickly bow out of this thread before I'm called a born again on a soap box [emoji4] church at 7am tomorrow if anyone cares to join me

 

[Backlash]

Hahahaa! Hi Steve! Welcome to the party!

I think we beat the $#!& out of THAT horse a few weeks ago!

You gotta crawl outa the moho more often!

 

[Sleek-Jet]

That's not a "law book"...

 

[Wheeler]

Hallelujah!

 

[Bigbore500r]

[emoji106] I've said it for quite a while. I will quickly bow out of this thread before I'm called a born again on a soap box [emoji4] church at 7am tomorrow if anyone cares to join me

Too late dude you're already branded [emoji1]

 

[2FORCEFULL]

That's not a "law book"...

but it is the law....

 

[Bigbore500r]

 

[Sleek-Jet]

but it is the law....

The law says no such thing.

 

[2FORCEFULL]

Hallelujah!

View attachment 510496

AMEN BROTHER:thumbsup

[video=youtube_https;2qw6Hon013E]https://youtu.be/2qw6Hon013E[/video]

 

[MSum661]

View attachment 510499

Given those particular circumstances......that would not be a problem!!

 

[Bobby V]

Too late dude you're already branded [emoji1]

Vic has been branded a lot of things over the last 2 years. He keeps changing his mind on things.

 

[2FORCEFULL]

[video=youtube_https;clk4G5EF4AY]https://youtu.be/clk4G5EF4AY[/video]

 

[BHC Vic]

Vic has been branded a lot of things over the last 2 years. He keeps changing his mind on things.

Lol you don't know the half of it. I'll pm you because I don't want it on here [emoji41]

 

[SRice]

Doesn't seem to me that many know the law....the law says you can't drive your boat if you have drank the slightest amount...
in fact if you get pulled over... and even though you are not to the legal limit... they can stop you from driving....make you park the boat or have a DD drive it....as known by many, alchol affects people different.... someone who doesn't drink is more effected by one beer than some who are heavy drinkers...but... no mater ...1 or 10 drinks...you are imparired and under the influence to the slightest degree...

as most of the patrol boats seem to be out there wanting everyone to be safe and have fun... and don't really inforce the laws....they are laws ..and could be inforced at any time...

here's a quote from the actual law book...

" NO PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS TO THE SLIGHTEST DEGREE
SHALL OPERATE OR BE IN PHYSICAL CONTROL OF ANY MOTORIZED WATER CRAFT"

http://www.azgfd.gov/outdoor_recreation/documents/2008BoatingAtaGlance_AZ.pdf

I agree with you that it is absolutely better to be 100% sober when operating a car or vessel and AZGFD is beginning to push the idea that designated driver's should not take even one drink. You are also correct that the legal standard is to prohibit "being under the influence to the slightest degree"; however, this is not exactly the same as saying "you can't drive if you have consumed even a single drink". If you have consumed a single drink and your actions and field sobriety tests indicate you are impaired, you are OUI. If you consume a single drink and show no sign of impairment, you are not considered OUI. I know there is some good research suggesting most people are at least slightly impaired at the BAC .05 level and a small person might get there VERY quickly. If you feel the least effect of the alcohol, you are also impaired to the slightest degree- hence the "buzzed driving is drunk driving" campaign. I will cite for a "wet (i.e. Alcohol) reckless" if somebody does something dumb on the water (eg nav rule violation, wake violation, bow/transom ride etc) AND BAC .05 -.079 even if pass FSTs. I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08.

Again, I think it is totally appropriate to encourage boat operators to be 100% sober and I am glad you're on this soapbox, but the "impaired to the slightest degree" does require a little greater burden of proof.

 

[2FORCEFULL]

The law says no such thing.

DID YOU READ THE BOOK... I QUOTED IT...

 

[BHC Vic]

I agree with you that it is absolutely better to be 100% sober when operating a car or vessel and AZGFD is beginning to push the idea that designated driver's should not take even one drink. You are also correct that the legal standard is to prohibit "being under the influence to the slightest degree"; however, this is not exactly the same as saying "you can't drive if you have consumed even a single drink". If you have consumed a single drink and your actions and field sobriety tests indicate you are impaired, you are OUI. If you consume a single drink and show no sign of impairment, you are not considered OUI. I know there is some good research suggesting most people are at least slightly impaired at the BAC .05 level and a small person might get there VERY quickly. If you feel the least effect of the alcohol, you are also impaired to the slightest degree- hence the "buzzed driving is drunk driving" campaign. I will cite for a "wet (i.e. Alcohol) reckless" if somebody does something dumb on the water (eg nav rule violation, wake violation, bow/transom ride etc) AND BAC .05 -.079 even if pass FSTs. I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08.

Again, I think it is totally appropriate to encourage boat operators to be 100% sober and I am glad you're on this soapbox, but the "impaired to the slightest degree" does require a little greater burden of proof.

I am going to disagree w you on this. I've taken classes for the last 18 months and I will say that one drink will impair you. The level is going to vary but you are impaired. I've fought myself w this for a long time. But the reality of it doesn't change. I don't want to get all scientific but I'm sure I could get the research if someone really wanted to see it. It's the same for smoking. I might be able to smoke all day and no one would know any different. But after one puff I'm impaired.

 

[Gelcoater]

I agree with you that it is absolutely better to be 100% sober when operating a car or vessel and AZGFD is beginning to push the idea that designated driver's should not take even one drink. You are also correct that the legal standard is to prohibit "being under the influence to the slightest degree"; however, this is not exactly the same as saying "you can't drive if you have consumed even a single drink". If you have consumed a single drink and your actions and field sobriety tests indicate you are impaired, you are OUI. If you consume a single drink and show no sign of impairment, you are not considered OUI. I know there is some good research suggesting most people are at least slightly impaired at the BAC .05 level and a small person might get there VERY quickly. If you feel the least effect of the alcohol, you are also impaired to the slightest degree- hence the "buzzed driving is drunk driving" campaign. I will cite for a "wet (i.e. Alcohol) reckless" if somebody does something dumb on the water (eg nav rule violation, wake violation, bow/transom ride etc) AND BAC .05 -.079 even if pass FSTs. I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08.

Again, I think it is totally appropriate to encourage boat operators to be 100% sober and I am glad you're on this soapbox, but the "impaired to the slightest degree" does require a little greater burden of proof.

What happens if the driver refuses to do the FST and only to blow into the box?
Personally I think those FST's are subjective.
I can't stand on one foot and touch my nose on my best,sober day.

 

[2FORCEFULL]

I agree with you that it is absolutely better to be 100% sober when operating a car or vessel and AZGFD is beginning to push the idea that designated driver's should not take even one drink. You are also correct that the legal standard is to prohibit "being under the influence to the slightest degree"; however, this is not exactly the same as saying "you can't drive if you have consumed even a single drink". If you have consumed a single drink and your actions and field sobriety tests indicate you are impaired, you are OUI. If you consume a single drink and show no sign of impairment, you are not considered OUI. I know there is some good research suggesting most people are at least slightly impaired at the BAC .05 level and a small person might get there VERY quickly. If you feel the least effect of the alcohol, you are also impaired to the slightest degree- hence the "buzzed driving is drunk driving" campaign. I will cite for a "wet (i.e. Alcohol) reckless" if somebody does something dumb on the water (eg nav rule violation, wake violation, bow/transom ride etc) AND BAC .05 -.079 even if pass FSTs. I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08.

Again, I think it is totally appropriate to encourage boat operators to be 100% sober and I am glad you're on this soapbox, but the "impaired to the slightest degree" does require a little greater burden of proof.

Laws are like the bible ...interpitaion by individuals alway differs...but as I have said before.. one drink and something happens... they'll skin you alive in court...

but, more what I was getting to, was no where does it say you can drink as much as you want long as you can drive your boat better that 75% of the sober people...
impaired is impaired....just because you master being able to toch you finger to your nose after downing a 18 pac...doesn't make it ok...

I read on here where it was referenced that how safe the river is, only 3 people killed from oui... instead of posting that here.... they shoud go to a ulegy (sp) and tell all the grieving families .... I don't see what you are crie'n about... he's the only one killed this year.... and report back the response....

I will say this...I only need one small ice chest in my boat...and in it you will find Ice tea, diet pepsi, and water...

you will never see me with a gallon jug with a quart of vodka mixed with cranberry juice to make it look like Kool-Aid... you will never see my wife runn'n round passing out jello shots to all the boat drivers...or special cookies,... or soaked watermelon and canalope....and one of the newest I seen at pirates cove.... laced gummie bears

to me water craft is no different than air craft... and race boats are no different than race cars...driver needs to be on top of his game.... not impaired to the slightest degree

 

[Flying_Lavey]

The law says no such thing.

I'm not sure about AZ, but I know it's not a law in California. I know it is even legal to drink and drive a boat. Just not over the limit, and the slightest impairment from it in the event of an accident can fuck you.

 

[MSum661]

What happens if the driver refuses to do the FST and only to blow into the box?
Personally I think those FST's are subjective.
I can't stand on one foot and touch my nose on my best,sober day.

I've always been curious about people who have knee or hip problems and are sober?

 

[BHC Vic]

What happens if the driver refuses to do the FST and only to blow into the box?
Personally I think those FST's are subjective.
I can't stand on one foot and touch my nose on my best,sober day.

You don't have to do them. Failing doesn't make you guilty either

 

[HOOTER SLED-]

You don't have to do them. Failing doesn't make you guilty either

And passing them doesn't make you NOT guilty either.

 

[2FORCEFULL]

Laws are like the bible ...interpitaion by individuals alway differs...but as I have said before.. one drink and something happens... they'll skin you alive in court...

but, more what I was getting to, was no where does it say you can drink as much as you want long as you can drive your boat better that 75% of the sober people...
impaired is impaired....just because you master being able to toch you finger to your nose after downing a 18 pac...doesn't make it ok...

I read on here where it was referenced that how safe the river is, only 3 people killed from oui... instead of posting that here.... they shoud go to a ulegy (sp) and tell all the grieving families .... I don't see what you are crie'n about... he's the only one killed this year.... and report back the response....

I will say this...I only need one small ice chest in my boat...and in it you will find Ice tea, diet pepsi, and water...

you will never see me with a gallon jug with a quart of vodka mixed with cranberry juice to make it look like Kool-Aid... you will never see my wife runn'n round passing out jello shots to all the boat drivers...or special cookies,... or soaked watermelon and canalope....and one of the newest I seen at pirates cove.... laced gummie bears

to me water craft is no different than air craft... and race boats are no different than race cars...driver needs to be on top of his game.... not impaired to the slightest degree

some times,, ok, most of the time when I go back and read my posts I can see where people think I must be drunk:drink:drink:drink

 

[Gelcoater]

You don't have to do them. Failing doesn't make you guilty either

According to Rice that FST is the test that decides if you get a wet reckless or cuffed if you're .05-.075

 

[2FORCEFULL]

I've always been curious about people who have knee or hip problems and are sober?

most of them that don't drink are on pills... and on the bottle it says don't operate machinery or drive...

 

[Sleek-Jet]

DID YOU READ THE BOOK... I QUOTED IT...

I did read the book. The book is not the law.

 

[BHC Vic]

According to Rice that FST is the test that decides if you get a wet reckless or cuffed if you're .05-.075

He's a little misinformed in this thread [emoji12] really though a good attorney will get those tossed. They weren't even mentioned in my trial.

 

[2FORCEFULL]

According to Rice that FST is the test that decides if you get a wet reckless or cuffed if you're .05-.075

not always the case. leo is not allowed by judges to enforce the law... they have to cite people for things that will stick in court..court rooms are over crowded and don't have room for week cases....so what happens... yeah they let you slide a little and don't book you for OUI.... but get you for not having a reg, on board or other lessor violations...

I will say this ...if you get stopped... you did something usally to draw attention to your boat to begin with....HEY-LAM<

 

[2FORCEFULL]

I did read the book. The book is not the law.

the law book is...

 

[Gelcoater]

He's a little misinformed in this thread [emoji12] really though a good attorney will get those tossed. They weren't even mentioned in my trial.

not always the case. leo is not allowed by judges to enforce the law... they have to cite people for things that will stick in court..court rooms are over crowded and don't have room for week cases....so what happens... yeah they let you slide a little and don't book you for OUI.... but get you for not having a reg, on board or other lessor violations...

I will say this ...if you get stopped... you did something usally to draw attention to your boat to begin with....HEY-LAM<

Thanks guys.
I think I'll wait to see what the guy with the badge has to say.

 

[BHC Vic]

Thanks guys.
I think I'll wait to see what the guy with the badge has to say.

That badge doesn't make him a lawyer. I really liked him ti he said one drink doesn't impair you. Now I see him as full of hot air [emoji15]

 

[MSum661]

You don't have to do them. Failing doesn't make you guilty either

Go back and re-read Mr. Rice's post...
" I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08."

So given that context, what if your Knee or Hip that was arthritic from a past injury or disease and you were arrested for OUI by Mr. Rice?

I have no idea how that would work. I've never had OUI or DUI in my nearly 40 years of driving a Car or Boat and I don't have any knee, back or hip problems, I'm just curious how a FST would apply in a situation like that if you were sober given your expertise??

 

[BHC Vic]

Go back and re-read Mr. Rice's post...
" I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08."

So given that context, what if your Knee or Hip that was arthritic from a past injury or disease and you were arrested for OUI by Mr. Rice?

I have no idea how that would work. I've never had OUI or DUI in my nearly 40 years of driving a Car or Boat and I don't have any knee, back or hip problems, I'm just curious how a FST would apply in a situation like that given your expertise??

All I'm going to say on this is a good lawyer will eat that up. Now I can't wait for daves lawyer buddy to post up [emoji4]

 

[2FORCEFULL]

here's what I think, people should have to pass a test to drive a boat, people should not be allow to drive a boat if they have been drinking... and also , people that drive boats capable of speeds over 75/80 mph should have to have a special endorsement and part of that endorsement should be zero impairment....

how many drinks do they allow airline pilots to have when they fly?

 

[LargeOrangeFont]

That badge doesn't make him a lawyer. I really liked him ti he said one drink doesn't impair you. Now I see him as full of hot air [emoji15]

Taking a drink of water while driving impairs you, turning and talking to a friend while underway impairs you. Using your phone while underway impairs you, as does messing with the stereo. Wearing thick arm sunglasses can impair your periferial vision. Taking allergy or cold medicine will impair you. There are all kinds of impairments and no one is 100% unimpaired all the time.

This is nothing new. The law allows a cop to take you off the water or road if they suspect you are subjectively "too impaired" in any way to operate the vehicle. BAC just gives them a hard limit. If I got pulled over and acted drunk, failed the FST, but blew a 0.0, they would arrest me and sort it out at the station and in court.

 

[2FORCEFULL]

All I'm going to say on this is a good lawyer will eat that up. Now I can't wait for daves lawyer buddy to post up [emoji4]

again.... the reason is a good lawyer will plea bargin the case to a lessor charge and get away with it because of over crowed courts and jails...

so again I will say..LEO's have there hands tied

 

[2FORCEFULL]

Taking a drink of water while driving impairs you, turning and talking to a friend while underway impairs you. Using your phone while underway impairs you, as does messing with the stereo. Wearing thick arm sunglasses can impair your periferial vision. Taking allergy or cold medicine will impair you. There are all kinds of impairments and no one is 100% unimpaired all the time.

This is nothing new. The law allows a cop to take you off the water or road if they suspect you are subjectively "too impaired" in any way to operate the vehicle. BAC just gives them a hard limit. If I got pulled over and acted drunk, failed the FST, but blew a 0.0, they would arrest me and sort it out at the station and in court.

what about going 160 mph in crowded water ways and watching your speedo ,or oil pressure...

edit...never mind about the oil pressure.... they don't watch that,... they grenade the motor , window the block... then blame the engine builder...

 

[LargeOrangeFont]

here's what I think, people should have to pass a test to drive a boat, people should not be allow to drive a boat if they have been drinking... and also , people that drive boats capable of speeds over 75/80 mph should have to have a special endorsement and part of that endorsement should be zero impairment....

how many drinks do they allow airline pilots to have when they fly?

Why don't we start where more people break the law and die - on the roads - before we add more legislation on the water where a handful of people die a year due to impairment.

If we were giving special endorsements for fast boats based on posts on RDP, we would have a hard time believing that Steve was not impaired most of the time.

 

[LargeOrangeFont]

what about going 160 mph in crowded water ways and watching your speedo ,or oil pressure...

edit...never mind about the oil pressure.... they don't watch that,... they grenade the motor , window the block... then blame the engine builder...

Who cares about oil pressure.. It is good until it isn't

If you were wearing your helmet, life jacket, fire suit, HANS device, harnessed in with lifeline, you would not be able to move to look at the gauges anyway. Problem solved.

 

[2FORCEFULL]

That badge doesn't make him a lawyer. I really liked him ti he said one drink doesn't impair you. Now I see him as full of hot air [emoji15]

lol.... make sure you add a pic of your boat to the post

 

[BHC Vic]

Taking a drink of water while driving impairs you, turning and talking to a friend while underway impairs you. Using your phone while underway impairs you, as does messing with the stereo. Wearing thick arm sunglasses can impair your periferial vision. Taking allergy or cold medicine will impair you. There are all kinds of impairments and no one is 100% unimpaired all the time.

This is nothing new. The law allows a cop to take you off the water or road if they suspect you are subjectively "too impaired" in any way to operate the vehicle. BAC just gives them a hard limit. If I got pulled over and acted drunk, failed the FST, but blew a 0.0, they would arrest me and sort it out at the station and in court.

That's what's wrong w the system. Most likely you would lose in court. I don't know if you remember my trial but basically I believe 100% the system is flawed. 12 people w zero background in laws choose guilty or not. What a crock

 

[BHC Vic]

lol.... make sure you add a pic of your boat to the post

It's in my sig [emoji12]I welcome all law enforcement.good law suit might be just the break I need [emoji23] I kid i kid

 

[2FORCEFULL]

Go back and re-read Mr. Rice's post...
" I arrest for OUI when they fail FSTs. We then go back to station for evidentiary intoxillizer and I will add a second OUI charge of being over the per se limit if your BAC is over .08."

So given that context, what if your Knee or Hip that was arthritic from a past injury or disease and you were arrested for OUI by Mr. Rice?

I have no idea how that would work. I've never had OUI or DUI in my nearly 40 years of driving a Car or Boat and I don't have any knee, back or hip problems, I'm just curious how a FST would apply in a situation like that if you were sober given your expertise??

I though that they ask you first if you have any disabiliys that would limit you from performing the test...like ,... if you don't know the abc's how you gonna say them,... if you only have one arm... how you gonna hold out both arms....

like my spelling...I don't know how to spell,...... but I can buy me a boat... and a truck to pull it...

 

[LargeOrangeFont]

That's what's wrong w the system. Most likely you would lose in court. I don't know if you remember my trial but basically I believe 100% the system is flawed. 12 people w zero background in laws choose guilty or not. What a crock

That's because the whole thing is a shakedown for money, it is not about safety.

 

[2FORCEFULL]

It's in my sig [emoji12]I welcome all law enforcement.good law suit might be just the break I need [emoji23] I kid i kid

that will be a good thread when you let us know how that worked out for you

 

[BHC Vic]

That's because the whole thing is a shakedown for money, it is not about safety.

One of the ladies on my jury is probably on this site. Her and her husband invented a boating product and have booths at some events [emoji85]

 

[coolchange]

Is this your idea of bowing out? &#55357;&#56835;

 

[Advantage 1]

Coming Nov 1 in New York... judge can link priors boating / auto together.

This shit ever makes it CA or AZ, all you inmates previously popped for driving a car... consider yourself a repeat offender if you get rolled on your boat. Damn.

"This month, New York Gov. Andrew Cuomo signed a bill into law, which takes effect on Nov. 1, that mandates judges to consider all prior DUI convictions for a person convicted of boating while intoxicated in determining that person's sentence. Currently, the number of convictions for driving and boating while under the influence have no impact on one another. Therefore, a person convicted of DUI isn't considered a repeat offender if convicted of operating a boat under the influence."

http://blog.lawinfo.com/2016/08/24/new-york-law-links-drunk-driving-and-drunk-boating-convictions/

 

[SRice]

He's a little misinformed in this thread [emoji12] really though a good attorney will get those tossed. They weren't even mentioned in my trial.

This is how it works with the local Federal court. I can't speak to differences that might exist with county and local PDs.