Old law leaves me no question that others CAN NOT get in trouble besides driver


Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
Oklahoma law prohibits anyone from operating or being in actual physical control of any vessel while under the influence of alcohol, drugs, or other intoxicating substances. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction times. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol in Chapter 5.

Oklahoma law states that a person is considered to be “under the influence” if he or she:

Has an alcohol concentration of 0.10% or higher as measured in the person’s breath or blood or …
Is under the influence of any other intoxicating substance to a degree which makes him or her incapable of safely operating the vessel or …
Is under the influence of alcohol and any other intoxicating substance to a degree which makes him or her incapable of safely operating the vessel.
Oklahoma law establishes the following penalties.

On a first conviction of operating under the influence of alcohol or drugs, the violator will receive a fine of up to $1,000.
On a subsequent conviction of operating under the influence of alcohol or drugs, the violator will receive a fine of up to $2,500 and not less than $1,000.
By operating a vessel on Oklahoma waters, you have consented to be tested for the presence of alcohol, drugs, or other intoxicating substances if requested by a peace officer. Failure to submit to testing for the presence of alcohol, drugs, or other intoxicating substances will be admissible as evidence in trial.

http://www.newsok.com/oklahomas-new-...rticle/3570448

this talks about the new law. It states anybody who has access to drive. But you this is no different than old law minus the BAC level. A lot of people just are getting in a tizy for no reason. Its easy if its your boat dont drink, and if its not your boat, dont sit in the drivers seat if your hammered. And it is kind of open for who can get into trouble, but guess what when an officer pulls up to a boat with 10 drunk people and they tell him the driver is way down there and trying to BS him, he doesnt have to deal with it.

It just amazes me how people will argue and defend doing the wrong thing. If a cop pulls up to your boat and your arent drunk but others are, hes not going to arrest him, good luck having a case and on top of it he has no probably cause.

A boat anchored for the night is your residence no different than being in an RV at a park, so you are okay with cops just barging on to your rv or even house to do a check?
Many people live on houseboats, its their home, no way should any officer be entitled to bust in and arrest someone in an anchored houseboat or any anchored boat for that matter.

+100!

So, you go to lake and rent a houseboat for a week, you drive it to your favorite cove, put out all your anchors, you are now set for the week because you have absolutely no desire to move it one inch and then do not drink at all for the entire time you are there, sounds like fun to me, sign me up.

One more step to becoming a nazi state,losing our freedoms one step at a time.

Hang on, something this crazy can only happen in California! :eek: Myself, the last thing I want to see is all 50 states having the same laws. My wife and I are retiring this year and moving ourselves and our tax dollars to Arizona. It's good to have a choice! In the end, the all mighty buck will call the shots. :coolcowboy:

So you are sitting on the patio of your house on a Saturday you did NOT take the boat out of the slip, having a few afternoon adult beverages. You remember that your good sunglasses are in the cabin of the boat, which is locked. The key to the cabin is on the same ring as the ignition key so you grab your keys and step on your boat to get your glasses. BUSTED

Or, your nice sunglasses were left in your car in the driveway, you go to get them (you always keep the car locked), the cop cruising by your house stops and demands a breath test, you fail. Double Busted.

You can't prove you WEREN'T going to take the boat out or drive the car. It probably won't hold up in COURT but would you risk facing the judge WITHOUT a Lawyer Present? It's OK, Lawyers work for free don't they?

Were these GRDA guy(s) new?

I had a good friend in SC get arrested for DUI while sitting in his house. He was home watching TV, and a cop knocked on his door, asked him name, asked if that was his vehicle in the driveway, and asked him to step outside. Being a trusting guy, he did so, and once outside, the cop arrested him for suspicion of drunk driving. Someone had reported his vehicle operating in a suspicious manner and called the cops.

So he's sitting in his living room watching football and ends up in jail.

He eventually got the case tossed, but obviously there was a huge hassle and expense involved in doing so.

Sounds like a whole different game. He may have been on a beer run or something earlier? The cop definitely had a reason to investigate. I've never heard of random couch sobriety check points!!! That situation sounds a bit fishy, and not in your buddy's favor.
The houseboat bui, the cop saw and heard. Then approaches, still random. But he knew he'd bag someone.

I'd encourage everyone to talk to their OK representative. We had a lot of success last year in changing the ATV laws after the gustopa started ticketing golf carts at lakehouses. Boycott the local businesses, inform the local business commerce. Remind them they are public servants.

I really don't see them giving passenges BUI's or drivers if they don't actually see someone driving. It just won't hold up in court and every single bar on land and water would be put out of business. Are they going to apply to the same laws to RV's? I doubt it.

There has GOT to be more to this story! Ive been on Grand for 30 years and have only seen ONE person get a BUI at a boat ramp because he was so hammered he couldnt get the boat on the trailer and they couldnt give him a DUI because he was using his tractor to pull it out. How can they possibly give someone ANY form of OPERATING ticket if the boat was anchored. Surely your lawyer can find the terminology and differences between boating and anchored.

Im not callin BS on the story, Im just sayin there may be a tad more to it. Why would they go looking around in a cove with just a couple boats in it versus pulling over ONE carver that could pay the summers fuel in BUI tickets in one stop at Dripping?

Its just not adding up. Id sure like to know who it was that did all the ticket writing.. Hell, they are probably on my FB friends list..

I have a very good friend that i watched the same exact thing happen too. We had just gotten home and the cops came knocking on his door. Once outside, he was arrested. Unfortunaltey, his DUI stuck.

Thanks also for the email on this, I ll be forwarding it out.

Im sure he was drunk driving before that. And if multiple people call in with that plate and they come to your house, that doesnt get you off the hook because your on the house.

You can what if this to death. The law states UNLESS you are shored or shoring, which would mean parked overnight. So Im sure if you are parked overnight in a house boat or at a Marina you are fine. There is going to be officer discretion.

Yep, his vehicle had been out earlier, but no one could say he was the one driving. There was a 90 minute delay between the call into police and the time they showed up.

Needless to say there were a number of things wrong with the case, which is why it eventually got thrown out, but only after a lot of time and money was wasted.

As for busting people at anchor, I'm dead against it, but, I could see where they would say they have no way of knowing you are going to stay there or pull out the minute they leave. But, what is the point of having a DD if if they can arrest anyone with immediate access?

Also, did anyone note the comment in the previously mentioned article by the cruiser?

“I'm a law-abiding citizen, but I'm suspicious of law enforcement picking people out for no reason and infringing on their individual rights,” Blankenship said.

But in the paragraph above he says that they need to regulate high horsepower boats and the speeds at which they operate on waterways.

Sounds like a bit of a contradiction to me.

you bring up some good points. And I dont think the at anchor thing is going to be the norm as much as discretion for officers to use. Im thinking its more of a way for people to not get away with oh im parked so you cant get me. Its the samething with a car thats parked if keys are in the ignition you have intent to drive. And 98% of people pulled up in a party cove arent staying the night.

Me personally if I was cop I would just sit from a far and watch with binoculars, and only intervene in a crisis. Or I would wait till people leave to go home then hammer them on their way out.

According to the news article linked earlier in the thread

http://www.newsok.com/oklahomas-new-...rticle/3570448

They say it doesn't matter if you are anchored. I'm going to tell you flat, if the boat isn't in motion, isn't running and IS anchored what they are doing IS UNCONSTITUTIONAL. Someone with a 1/2 a lawyer is going to challenge this and you're going to see whatever portion of that law that supposedly gives them the right to arrest someone on an anchored up houseboat disappear. The lowering from .10 to .08 will remain.

Anybody that isn't up in arms about this, needs to have their head examined. CA is a nazi state, and even we wouldn't tolerate that BS.

RD

Ahh, but see? How do you know HE was driving? It very well could have been someone else who drove them home, then got in their car and left. Or into their boat since he lives on a lake.

And how do you know he was drunk at the time? Maybe he was texting (stupid but not illegal).

Or maybe he had been drinking, but was under the limit, but since he had been home for an hour and a half watching football and having a couple of beers, he is now over the limit?

There are way too many variables. Same as with being at anchor. You don't know I'm the one who will be driving later or even IF we will leave before next Tuesday. There are too many variables, and while you can probably beat the case in most instances, it will cost you a lot of time and money to do so.

True you dont know. But waiting for a crime to happen or some gets killed is not the correct way to enforce laws either. People shouldnt be harassed as well. personally Boats should be zero tolerance for the driver, as long as one person on the boat can pass the test as a zero then your good to go. Thats the problem with BAC levels and I wish they would just do away with it, while operating anything. Now were stuck with how much is to much and nobody really knows whats going to push over .08, and even then somebody at .1 might be perfectly capable of operating. So I would say 0.0 for all operators, its stupid to say well you can have some but not a lot and by the way there is not sure fire method to tell you how many you can have.

Asking for your lawyer to be present only gets you written down as a refusal and they can't question you. Certainly not an easy out, though. Go ask a criminal defense lawyer... not a general practitioner or civil lawyer. I would tell you what to do, except I cannot ethically advise someone on how to commit a crime. Maybe you can find one that will.
:drink:

that is true you will be written down as a refusal which is pretty muc admittion to guilt. IF your drunk your drunk, putting pennies in your mouth, or trying to stall is going to do nothing. Your better off cooperating and getting done with it

Got any idea of how innacurate an intoxilyzer can be even when properly calibrated? Just thought I'd throw that out there. Google it.

Yes the guys were younger and im guessing fairly new. Which usually means out to make a point. Ive met alot of the guys at grand, tenkiller, texoma, etc and all are fairly nice. I once got pulled over by one of the guys at tenkiller early in the A.M. Because a friend was laying on the back platform puking and i was idling. It was a v-drive so really no danger from the prop. The guy was relaxed told me i was wrong gave me a warning, joked with my buddy about his drinking days, tossed some beads to the ladies and sent us on our way. Most the guys are like this. But this was playing the hard ass card.

The passenger deal was something they didn't pursue and you likely won't see it pursued. But it is there for interpretation by the officer and this guy obviously interpreted it that way as he threatened me with it. Like I said I have no doubt they prob won't ever pursue it as it's there mainly to keep people from saying oh our capt is off another boat or over on shore he'll be back soon. But the "moored" stipulation is there and apparently will be enforced. Maybe one of the kids spit on him and I missed it lol. Who knows. But it happened and can happen again so watch your butts guys.

Someone mentioned the texoma guys and dui's on golf carts... I had a buddy that got popped in soldier for the very thing.

police ones are a little more accurate and you have the right to a blood test if you wish once you get to jail. I think they need to provide a blood test to the court in many states. Plus half of the time cops are video taped now so a guy stumbling and slurring is all the judge needs to see

Waiting for a crime to happen isn't a good way to enforce laws????? How else do you enforce laws? They must first be broken in order to enforce ... maybe start profiling? ??? All houseboat guys are drunks? All middle easterners are terrorist? ??all 91 fountain owners are retards without a leg to stand on???? Hardly seem fair to me

Well im not talking tom Cruise and minority report here. But how about we dont arrest a murderer when he only attemps to do it, well just wait till till he does do it. Preventing crime and damage to others means police involvement and presence and stopping people before they do something horrible not after they do it. It doesnt mean arrest somebody out of the blue. Its active police work and patrolling.

Im done arguing over how to get around the cops and justifying drinking while operating anything. If you want to do it or anybody else does when you crash make sure its just you and some rocks and nobody else or anybody elses property. TO sit here and say well this law wont let me do this or do that, this is BS I cant have fun, well I say grow up and be an adult. These laws wouldnt be put into place if people were adults to begin with and nothing ever happened. Im not going to argue any more on how to justify doing something wrong , rediculous.

Fact of the matter is if you do the right thing the cops will never bother you flat out, (yes for the guy thats got some story of his buddy who got F***** with by the cops for doing absolutely nothing, I KNOW it can and does happen but is not the norm)

Waiting for a crime to happen isn't a good way to enforce laws????? How else do you enforce laws? They must first be broken in order to enforce ... maybe start profiling? ??? All houseboat guys are drunks? All middle easterners are terrorist? ??all 91 fountain owners are retards without a leg to stand on???? Hardly seem fair to me

Trying to kill is breaking a law.. attempted murder..do u suggest a zero tollerence for weapons also? Lets ban responsible alcohol consumption on boats.... then ban the evil coffee on boats because caffeine makes boaters all crazy. Also no food on ski boats....don't want anybody getting swimmers cramp.
You give up one thing and many will follow.

I support safe responsible boating but also enjoy a couple coronas.

You sir stand so far to the right, that you stand alone.

So if my car is parked in my garage at home and the keys are in the same house and I drink a couple drinks in my own friggin house I should be arrested because I might be thinking of driving..
No different as an anchored boat is considered your home as long as it is anchored. I am amazed how easily some people are willing to let the goverment run their lives for them..

How about the revenue that will be lost from vistors from adjacent states? We have friends on house boat in Oklahoma @ Grand Lake, like to go down on holiday weekends, do have a few beers and good times, always make sure someone is DD to drive boat, and be safe. Decided not to go this year because of this "bs" we are hearing about the water patrol flexing there power. We spent alot of money in Oklahoma, fuel, food, motels, etc. I know we will be going elsewhere and friends are talking about selling and moving.

I posted this in 2007, but is still the law in New Jersey today, NJ boaters and BUI/DUI.

If you get a BUI (or DUI) in New Jersey, e-mail me. I will help you.

I posted this information in July 2007. I hope this will help inform New Jersey boaters of the BUI.

"Yes, the officer can and do charge people with BUI/DUI if they cannot pass the physical (field sobriety tests, observation, odor of alcohol) .

Example: If a driver of a car is weaving and touches the yellow line in the middle of the road, and is pulled over, and he has the odor of alcohol on his breath the officer will conduct the road-side sobriety tests. Once the lights go on on the officers the car the tape starts rolling (on NJSP cars and most towns). If you fail the test, then you are arrested so DUI. The Alco-test (New Jersey's new machine that replaced the Breathalyzer) will be administered. If your Blood Alcohol Concentration is less than .08 (BAC) you are considered under the legal limit; HOWEVER, if you smell and act intoxicated, and cannot successfully comply with the officer's commands (field tests), you can be charged with DUI.

The burden of proof is on the Prosecution, but the now charged individual (the defendant), has to put on a defense, and that means spending $$$ on a lawyer. In most instances the DUI will be dropped. Most Prosecutor's with these marginal cases will accept a plea deal when you have a lawyer on these marginal case; I have never seen a .07 BAC or less DUI charge, let alone a person charged with a .03 BAC (and no drugs). That just BS.

You can be convicted in NJ based just on the physical observation; If the BAC reading has been deemed to be inadmissable due to a variety of possible reasons (lawyer finding the holes in the Prosecution's evidence to have evidence barred/inadmissible) it just makes my job a little easier. But if you are on tape unable to stand , arguing, slurred speech, looking like a drunk - that can be very damaging to the defense of the charge, pretty obvious.

If you are convicted for Boating Under the Influence, first offense and you BAC is between .08 and .09, loss of boating privilege for 1 year, loss of automobile privilege for 3 months, fine range of $250 to $400, two days (not less than six hours each day) at the IDRC (intoxicated Driver Resource Center usually on a Friday evening and on a Saturday) twelve hours.

If your BAC is .10 and above on a first offense (conviction) you will lose your automobile driving privilege for seven months to one year, fine range of $300 to $500, and IDRC,(and your actual New Jersey license which will be surrendered to the court at sentencing on both the .08 to .09 conviction and the .10 and above conviction) . Now these are just the plain vanilla charges, if there is personal injury there are enhanced penalties.

The court has the discretion to sentence you up to thirty days.

Other fines include, $200 to DWI enforcement, $50 Violent Crime Compensation Fund, $75 Safe Neigborhood Fund, $200 restoration fee, $150 IDRC (Intoxicated Driver Resource Center), $33 court costs - these fines/cost(s) are mandatory.

There is a NJ DMV surcharge of $1,000 a year surcharge for three years for sencond and third offense convictions.

Second Offense, two year loss of license (motor vehicle), plus more enhanced penalties.
Third Offense, ten year loss of license (ditto)


Hope some of this information is helpful to all. If you get caught, it is very costly.

PS, the charge for you computer literate researchers is ----
N.J.S.A. 39:4-50 Driving while intoxicated"

Stephen R. Jones, Attorney-at-Law (and performance boater)

I don't have a front license plate on my car....... :D

All I can say is that on Memorial Day Weekend I was in Dripping at about 12 noon and got 100% harassed by a new GRDA guy.

He clearly had it out for me. He caused a complete scene in the middle of the cove, followed me around, caused a scene again... then he really got the attitude and threatened to take me to jail for not following 'A DIRECT ORDER'. Had it not been for my girlfriend being on the boat and freaking out, I would have let his punk ass take me to jail. Trust me, based on this guy's behavior... he WILL try to bust YOU at the lake this summer. Dark skinned younger guy.. was driving a Baja on the day of my incident.

I also had another older GRDA guy come to the boat next to us the day before, and ask a middle aged woman what was in her cup. She had her head screwed on a lot better than me and said 'Lemonade'.. I would have spouted right off and said 'RBV... DUH!'

They are trying to encroach on our fun. Watch yourselves.

I have been looking into how and where to file direct complaints against stuff like this. I told a friend that in some ways I understand, because if I was the officer, I would hate someone like me too... but the problem was that I was acting completely in good faith of the law. He wanted to try to cause a scene and ruin my day.. but I wansn't going to let him win.

He was more concerned about me sticking my damn 2014 sticker IMMEDIATELY on my boat.. not about the 30 boats full of underage kids next to me bonging beers, smoking weed and whatever else. Lets screw with the guy with the big boat, totally behaving, and being totally polite and cordial...

This thread is quite disturbing. I simply can't believe that a law has been passed that basically lets them charge you with a crime, simply because there is a possibility, that you could drive. I believe the good people of OK need to do everything in their powers to get this law reversed.


Darrell.

Mroberts. This is what I've been preaching. Most ( not all ) will F with you until your breaking point. I've been cited for not having my reg #s properly spaced. While others in viewing distance barf over the stern of boats. They pick n chose. HATERS because they rock a colmen crawdad with a minkotta and their chick on the bow is 2 bills +!!!!

I'm done with this thread now. Its making me wanna drink, but I'm scared!!!:angry-smiley-038:

So what cove did this happen in? Was there more to the story like real loud music and houses in the cove that could hear the music???


we were in dripping all memorial day weekend and everyone was drinking beer in sight with no issues, other than the line of boats in the middle on sunday that couldn't get a single anchor in.

Welcome to the business and money maker that has become dwi/dui/bui...all of it is arresting you for what you "could" have done. It's the only crime in america where you are arrested for what you "could" do... You "could" get in an accident, you "could" hit someone etc etc etc. Just because a woman has breasts and a vagina, she "could" be a prostitute, does that mean she is? Just because you like to look at women in bikinis, you "could" be a rapist..are you?

It's pathetic the standards that are put out there, yet here in MD they can tax alcohol another 3% because it makes them money, they make more in tax dollars off of the 3 vices ie; tobacco, alcohol and gambling (lottery).... limits keep dropping to appease people like MADD, who's ceo just got a DWI last month.

If someone IS involved in an accident while drinking by all means throw the book at them, legislated personal accountability...welcome to the sheeple world.