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