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Old 03-02-2011, 12:19 PM   #1
bubblehide
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Quote:
Originally Posted by calderonmike View Post
As long as you dont blow anything over a .08 BAC. and the laws will apply the same way as if you were on a boat. If you are anchored and not making way you are good to go. but you are on a kayak and I would not recommend drinking on one to any one

It's .08 for establishing being drunk, there is no minimum for establishing under the influence.

With that said, I wouldn't recommend drinking in the harbors, but lots of guys, boats and yakers do outside the harbors. Some beaches have no alcohol regulations, but they don't apply OTW. Just keep in mind that if your checked for any reason, your subject to the laws, as if you were driving a car.
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Old 03-02-2011, 12:38 PM   #2
calderonmike
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Quote:
Originally Posted by bubblehide View Post
It's .08 for establishing being drunk, there is no minimum for establishing under the influence.

With that said, I wouldn't recommend drinking in the harbors, but lots of guys, boats and yakers do outside the harbors. Some beaches have no alcohol regulations, but they don't apply OTW. Just keep in mind that if your checked for any reason, your subject to the laws, as if you were driving a car.
46USC2302(c)/ 33CFR95 states what constitutes as a BUI.

to get a bui charge you still need the .08 bac but yes you can get stopped for your behavior and vessel operation.
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Old 03-02-2011, 12:58 PM   #3
bubblehide
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Originally Posted by calderonmike View Post
46USC2302(c)/ 33CFR95 states what constitutes as a BUI.

to get a bui charge you still need the .08 bac but yes you can get stopped for your behavior and vessel operation.

I really don't mean to spoil the party, but you need to read the whole thing, with particular attention to section c.

§ 95.020 Standard for under the influence
of alcohol or a dangerous
drug.
An individual is under the influence
of alcohol or a dangerous drug when:
(a) The individual is operating a recreational
vessel and has a Blood Alcohol
Concentration (BAC) level of .08
percent or more, by weight, 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.


Section C simply makes it a judgment call on the officers part; and requires no minimum intoxicant level.
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Old 03-02-2011, 01:03 PM   #4
dorado50
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might want to put down the beer and reach for one of these....
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Old 03-02-2011, 12:38 PM   #5
old_rookie
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You could drink all your beer before heading out - might make the launch a bit more interesting for the web-cam.
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Old 03-02-2011, 12:39 PM   #6
JoeBeck
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LOL what a world!








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Old 03-02-2011, 12:41 PM   #7
calderonmike
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LOL what a world!









I like that Alaska beer too!!!! or a ballast point yellow tail
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Old 03-02-2011, 12:54 PM   #8
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A "safe boating class" b4 getting on the water will not only help you but more importantly the people around you. They put out good info and will advise you on alcohol and boating...
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