Your state could be next!!!
06-06-2011 | 09:10 AM
#41
Banned
Joined: May 2010
Posts: 861
Likes: 0
From: New York
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.
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.
06-06-2011 | 09:14 AM
#42
Banned
Joined: May 2010
Posts: 861
Likes: 0
From: New York
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.
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.
Last edited by Fountain4402; 06-06-2011 at 09:22 AM.
06-06-2011 | 09:23 AM
#43
Registered
Joined: Nov 2003
Posts: 2,296
Likes: 3
From: Lake Travis ,Texas
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.
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.
06-06-2011 | 09:43 AM
#45
Beak botr
Joined: Dec 2003
Posts: 891
Likes: 0
From: Cape Coral
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.
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.
06-06-2011 | 10:14 AM
#47
Registered
Joined: Jun 2004
Posts: 101
Likes: 0
From: Discovery Bay, CA / Phoenix, AZ
Hang on, something this crazy can only happen in California! 
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. 
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.
06-06-2011 | 10:18 AM
#48
Beak botr
Joined: Dec 2003
Posts: 891
Likes: 0
From: Cape Coral
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?
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?
06-06-2011 | 11:00 AM
#49
Registered
Joined: Apr 2003
Posts: 1,796
Likes: 18
From: Cape Coral, FL
So a few months ago OK passed our new BUI law. We had always been .1 on the water and .08 on the road. I have zero problem with boating regulations being on par with vehicle limits. While I may not like the .08 opposed to the .1, I see the merits and won't raise hell about it. That said it's what they snuck in with the law that's totally F'd up!
You can now receive a BUI even if anchored. So if your in a house boat, or a boat w/ a cabin and planning on staying the night you can receive a BUI. If your anchored up, and playing hanky panky w/ the misses down below, and your both liquored up.... yep BUI. In addition, your passengers can now receive one as well. The passenger stipulation was wrote to keep people from saying, well, I'm not driving, he is....then that guy saying no, he is. Etc. etc. But it's so open ended that if you get a prick lake patrol (and we all know that guy).... then even your passengers are screwed.
Well the anchored up provision got a friend of mine this weekend. We were anchored up in a cove at Grand this weekend on a houseboat. We had been there since Friday and had 2 other boats tied up for runabout purposes. Well sat afternoon water patrol came up and tells us he's coming aboard for a safety check. Everything is good there but he asks the capt of the houseboat to submit to a sobriety test. Of course he says what for? We're not driving and we're anchored up and inside not outside. He says that doesn't matter now. Doc refuses and patrolman tells him he's under arrest for suspicion of BUI. So I began to question the patrolman about the validity since we're anchored and obviously staying the night there. His backup who recently arrived tells me to sit "my ass down" and shut up before I get a BUI too. Of course I'm kind of offended as my boats tied up outside and I'm going nowhere. I mention that, he tells us it no longer matters. So I sit down and shut up while we try and keep the kids calm as they're crying as dad gets hauled off for drinking a few beers on his "residence" for the weekend. I had seen the details of this law a while back and tried to fight it, but none of our legislators would fight it for fear of the backlash. I never thought the lake patrol here would push the passenger and anchored up issues, as most the guys I've met are pretty cool. Well apparently I was wrong.
The same person who wrote this legislation is now pushing through a 55mph speed limit on all state lakes. So batten down the hatches boys, as there's a **** storm coming our way!
You can now receive a BUI even if anchored. So if your in a house boat, or a boat w/ a cabin and planning on staying the night you can receive a BUI. If your anchored up, and playing hanky panky w/ the misses down below, and your both liquored up.... yep BUI. In addition, your passengers can now receive one as well. The passenger stipulation was wrote to keep people from saying, well, I'm not driving, he is....then that guy saying no, he is. Etc. etc. But it's so open ended that if you get a prick lake patrol (and we all know that guy).... then even your passengers are screwed.
Well the anchored up provision got a friend of mine this weekend. We were anchored up in a cove at Grand this weekend on a houseboat. We had been there since Friday and had 2 other boats tied up for runabout purposes. Well sat afternoon water patrol came up and tells us he's coming aboard for a safety check. Everything is good there but he asks the capt of the houseboat to submit to a sobriety test. Of course he says what for? We're not driving and we're anchored up and inside not outside. He says that doesn't matter now. Doc refuses and patrolman tells him he's under arrest for suspicion of BUI. So I began to question the patrolman about the validity since we're anchored and obviously staying the night there. His backup who recently arrived tells me to sit "my ass down" and shut up before I get a BUI too. Of course I'm kind of offended as my boats tied up outside and I'm going nowhere. I mention that, he tells us it no longer matters. So I sit down and shut up while we try and keep the kids calm as they're crying as dad gets hauled off for drinking a few beers on his "residence" for the weekend. I had seen the details of this law a while back and tried to fight it, but none of our legislators would fight it for fear of the backlash. I never thought the lake patrol here would push the passenger and anchored up issues, as most the guys I've met are pretty cool. Well apparently I was wrong.
The same person who wrote this legislation is now pushing through a 55mph speed limit on all state lakes. So batten down the hatches boys, as there's a **** storm coming our way!
06-06-2011 | 11:13 AM
#50
Platinum Member
Joined: Jan 2007
Posts: 442
Likes: 0
From: Plano, TX
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?
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?
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.
