Was curious if there is a law now in effect where the operator of a power boat cannot have an open container.....like the law as it pertains to automobiles.

Is this true? or is it just "blow a .08 and your busted?"

Anyone shed some light on this?

Ditto... inquiring minds need to know.

In Oregon, a open container is the same as driving on the road.

Watched several people busted over the last couple of years. Doesnt matter if you are in a drift boat on the oars or a power boat in the salt.

bushbear?

I'll see what I can find out.

I did a little research and it looks like it is only illegal to operate a boat over the .08 limit. None of the official websites I looked at mentioned any thing about an open container law on boats.

A couple years ago I came bombing into salsbury beer in one hand tiller in the other... the gamey was on the dock and saw me ...needless to say he was all over me like flies on dog crap.

He asked to search the boat and gave us hell over the half rack of empties (three in the boat fishing for 5+ hours) He checked hooks licenses and punch cards and told me he could have the State Patrol come and give me a sobriety test... I said bring it on... he didn't...

I offered him my last beer but he wouldn't take it

I got checked by tacoma police this summer in area 11 and we had a 5 gallon bucket with a case worth of empties. I was thinkin oh great here we go and they saw it and didn't say anything.

Some links to articles put out by DUI/BUI attorneys. It appears to me that open containers are not a problem, but the boat operator needs to/should be sober. It looks like .08 will get you a BUI (boating under the influence) charge. There are also BWI (boating while impaired) which might have a lower threshold. The county SOs, state parks, and USCG can all enforce BUI/BWI charges.

http://dui.lifetips.com/faq/120648/0/is-an-open-container-illegal-on-the-boat/index.html

http://dui.lifetips.com/faq/120649/0/how-does-the-coast-guard-get-involved-in-bui-cases/index.html

http://dui.lifetips.com/cat/64005/boating-under-the-influence/index.html

http://www.boatinglife.com/article/Product-News/When-the-Water-Turns-Dry

http://www.duiwashington.com/boating_dui/wa_boating_dui.html

http://www.seattle-duiattorney.com/dui/bui.php

The following link will take you to the RCW on boating laws.

http://apps.leg.wa.gov/RCW/default.aspx?cite=79A.60

Here is the RCW on operating a vessel while under the influence.

RCW 79A.60.040
Operation of vessel in a reckless manner — Operation of a vessel under the influence of intoxicating liquor — Penalty.
(1) It shall be unlawful for any person to operate a vessel in a reckless manner.

(2) It shall be a violation for a person to operate a vessel while under the influence of intoxicating liquor or any drug. A person is considered to be under the influence of intoxicating liquor or any drug if:

(a) The person has 0.08 grams or more of alcohol per two hundred ten liters of breath, as shown by analysis of the person's breath made under RCW 46.61.506; or

(b) The person has 0.08 percent or more by weight of alcohol in the person's blood, as shown by analysis of the person's blood made under RCW 46.61.506; or

(c) The person is under the influence of or affected by intoxicating liquor or any drug; or

(d) The person is under the combined influence of or affected by intoxicating liquor and any drug.

The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. A person cited under this subsection may upon request be given a breath test for breath alcohol or may request to have a blood sample taken for blood alcohol analysis. An arresting officer shall administer field sobriety tests when circumstances permit.

(3) A violation of this section is a misdemeanor, punishable as provided under RCW 9.92.030. In addition, the court may order the defendant to pay restitution for any damages or injuries resulting from the offense.
[1998 c 213 § 7; 1993 c 244 § 8. Prior: 1990 c 231 § 3; 1990 c 31 § 1; 1987 c 373 § 6; 1986 c 153 § 6; 1985 c 267 § 2. Formerly RCW 88.12.025, 88.12.100, and 88.02.095.]
Notes:
Effective date -- 1998 c 213: See note following RCW 46.20.308.
Intent -- 1993 c 244: See note following RCW 79A.60.010.
Effective date -- Severability -- 1990 c 231: See notes following RCW 79A.60.170.
Legislative finding, purpose -- Severability -- 1987 c 373: See notes following RCW 46.61.502.

Went to Seafair when they started cracking down on the boaters and drinking. If the driver blew a .08 they were busted. Then they would make the passengers blow under a .08 and if they were all over then they would impound the boat. If someone was under .08 they could drive the boat.

Seafair BUI

there my be a difference also if the boat is under power or rowed

stlhrd42, check your pm's

thanks

Thanks bushbear.

Looks like I am still safe in the State of WA.... unless of course driving my new E-Tec slows down my ability to metabolize ethanol.

Water, sun, and alcohol can be a heady mix. Moderation and/or a designated skipper is worth consideration. Life jackets should always be considered, too......

A friend of mine was lake fishing in Canada and was told they have a NO open container law there by the warden, surprised the heck out of me.

If you hold a captains license and blow a .04, your busted. I don't drink much to begin with but don't drink at all when operating a boat, way to much to lose.

In Washington State you can both have open containers in a boat, and you can legally operate the boat while you have the open container, meaning you can row or run the motor with a beer in your hand.

You can still be busted for BUI, though, and just like DUI, you don't have to blow a .08 to get busted. Blowing a .08 is automatic, but you can be judged too impaired to operate a vehicle, including a boat, even if you blow less than the legal limit.

Fish on...

Todd

My understanding was a BUI didn't affect your "driving record" hence wouldn't affect your insurance rates or drivers license being suspended..... ?? Ideas??

I've been known to put a few suds away on the water....

Keith

Doc, I always knew there was something wrong with you, you run your boat right handed?? Don't you know the tiller handle is made and angled for a left handed operator?

Keith

FnP-

it's obvious you are impaired while operating your boat in that picture - you are trolling waaaayyyyyy too fast!