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-   -   Your state could be next!!! (https://www.offshoreonly.com/forums/general-boating-discussion/255174-your-state-could-next.html)

Tigeman 06-05-2011 03:37 PM

Your state could be next!!!
 
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!

REDS32 06-05-2011 04:06 PM

In florida if your in a speed boat you get pulled over all the time! That's why I taught my wife how to run my boat . Thank god she don't drink and don't care if I do. If your really runing you shouldn't be drinking any way. I seen to many people get hurt or killed. It just isn't worth it . I hope everybody has a safe boating season.

Tigeman 06-05-2011 04:23 PM

I agree with u and could understand if they saw one of us leave an come back. But hell no one had left since 6:30 that morning when they went out on one of my boats for some wakeboarding sets. Two of the ladies were sober is the sad thing. It's sad when you have people being responsible and staying put, yet they screw with them. Go screw with the jet skiers trying to jump every boats wake and getting right on their butts.

Robertjr 06-05-2011 05:34 PM

Water Nazi's
 
Water cops are getting heavier everywhere, they see revenue and when someone is seen who has worked hard and made sacrifices and commitments to get where they are in life today and is able to participate in this sport at no matter what level, they dont like it. Besides it much easier to screw around with someone who will have to pay the fine than it is a crack head or heroin addict where there will be little or no revenue gained. Real crooks shoot back! and that is way too difficult for these piece of crap individuals on these water patrols! I'm fed up as well,whether you drink or not these loosers hassel you anyway, not to mention most have no bussiness being a coxswain of a vessel. I doubt any of them have a ***k! Anyone remember this from WWII movies? "HALT! SHOW ME YOUR PAPERS"! oh and by the way blow in this tube as well. Perhaps they should go blow thier partner!......................................Rjr. ........................

Mac 06-05-2011 06:17 PM

Are you talking about Grand Lake in Oklahoma?If so the Carver we are usually on will have atarget on it. This changes everything!!

Tigeman 06-05-2011 06:36 PM

Yep

Shorgasm 06-05-2011 06:41 PM

Oh man, that would suck. Every single boat I know down here has booze on it. Not that anyone drinks and then leaves but we sure tie up and stay weekends.


Sounds like a lot boats are about to be for sale up there.

REDS32 06-05-2011 08:08 PM

It's more about the money than safety!$$$$$$

Interceptor 06-05-2011 08:30 PM

As far as I'm concerned the DUI or D.D. for auto, boat and anything else that moves should be the same throught the USA.

rexcramer1 06-05-2011 08:32 PM

Dont take the cop's word for it, find the law in writing

scarab63 06-05-2011 08:35 PM

This may sound like a punks comment to some... with that being said. F all those patrol cops. I've encountered very few that are gentleman. The lump of them are roosters!
Prob trying to be a ' big boss man ' because deep down he knows he'll work his hole life and never be able to afford the houseboat he's on. But for that hour.... he's the Capt of that big beautiful boat.
I'd have taken my bui and added a assault and battery for fun!!!

BIGSALAMI 06-05-2011 08:47 PM

just a thought here , what if your having a party at the dock and most have had a few ? still get the BUI .

Tigeman 06-05-2011 09:09 PM


Originally Posted by rexcramer1 (Post 3421010)
Dont take the cop's word for it, find the law in wiriting

I've read it, and know he was right which is why I shut up. Like I said, me and a few other boaters here tried to shut this thing down before it passed. The author has tried to push it through since 08' with little success. MADD Finally got involved and it went through almost instantly. No one wanted to go against them.

And salami, no your fine there, but ur opening yourself up to a public intoxicating in that situation. The law says you have to be in the boat rather at anchor or underway. And all parties with access to control of the vessel are responsible. That's not an exact quote btw. If your on shore or in the water, your safe. It's essentially an APC but for boats.

Audiofn 06-05-2011 09:21 PM

I know a few guys that have left bars, climbed into the back of their cars to sleep it off because they have no place else to go. They got DUI's even though the keys were out of the ignition and they were in the back seat. To the best of my knowledge they all got off but it cost them a good chunk of change with the lawers.....

Strip Poker 388 06-05-2011 09:26 PM

We are loosing our rights,That is not right!!!!

Tigeman 06-05-2011 09:33 PM


Originally Posted by Audiofn (Post 3421077)
I know a few guys that have left bars, climbed into the back of their cars to sleep it off because they have no place else to go. They got DUI's even though the keys were out of the ignition and they were in the back seat. To the best of my knowledge they all got off but it cost them a good chunk of change with the lawers.....

In Oklahoma they made a regulation a while back called an APC (actual physical control) to keep people from getting out of it. I think most states have the APC law now, or something similar. The penalties are identical to a DUI they just changed the name due to public outrage.

Actually the APC law is how this new law is written that allows them to get your passengers as well.

endeavor1 06-05-2011 09:56 PM

That law is a phucking crock and so is MADD. Those people (OK water patrol and MADD) seriously need to get a life and move on. Cry me a phucking river

Revd Up 06-05-2011 10:13 PM


Originally Posted by scarab63 (Post 3421016)
This may sound like a punks comment to some... with that being said. F all those patrol cops. I've encountered very few that are gentleman. The lump of them are roosters!
Prob trying to be a ' big boss man ' because deep down he knows he'll work his hole life and never be able to afford the houseboat he's on. But for that hour.... he's the Capt of that big beautiful boat.
I'd have taken my bui and added a assault and battery for fun!!!


:grinser010:

powercat 06-05-2011 10:25 PM

Guess we need to spread the word, whoever's not drinking is the captain for the day! I never figured the lake patrol at Grand would push the issue. Guess I was wrong.

HTRDLNCN 06-05-2011 10:27 PM

Problem is no one does anything about it, people let small stuff go by and dont realize that you give the law an inch and they will stick their whole foot up your behind.. Until the people rise up and take back this country nothing will change and it can only get worse.

powercat 06-06-2011 12:06 AM

I think your budy stands a good chance of beating this espically if there were other people on board that were capable of driving even if they were over the age of 14 as long as they have a valid Oklahoma boaters license. Just because he's a cop doesn't mean he's right. This might help
http://www.duiarresthelp.com/states/...a/dui-laws.php

Need-the-Speed 06-06-2011 12:21 AM

I'm not sure if this is true or not because I have never put it to the test..BUT..as a FYI... A lawyer friend of mine told me that if I ever got pulled over and was asked to take a breathalizer test I should say these words "I will take this test in the presence of my Lawyer". Obviosly by the time your lawyer gets to the station your b.a.l. will have gotten much better.. I know this won't rectify the problem on the water...especially getting "removed" from the boat but it may help in the long run.

It's Kind of ironic that your having this issues with marine patrol. NY just cut funding for marine patrols all over the state. I was talking to my local Sheriff the other day. He informed me they might not even put the marine patrol boat in the water this year. It's kind of good but could also be kind of bad especially if somebody gets into a jam.

Wet-N-Wild 06-06-2011 02:14 AM

Boy this new OK law is bull. I can't believe they could even do that. We need to stop this from happening in other states.

Robertjr 06-06-2011 05:32 AM


Originally Posted by HTRDLNCN (Post 3421165)
Problem is no one does anything about it, people let small stuff go by and dont realize that you give the law an inch and they will stick their whole foot up your behind.. Until the people rise up and take back this country nothing will change and it can only get worse.

Take note fellows, this is the way it happens. complacentcy of the population is how they have gotten this far. Oh and by the way the former president,leader or principal of MADD was arrested for DUI in Gainesville,Fla in may or april of this year. Go figure?........................................... ..Rjr................................

Robertjr 06-06-2011 05:56 AM

Water Nazi's
 
Watch out the Gestopo is coming! They tax the beer and alcohol and gain revenue arresting the citiznry that buy it! The water is the last bastion of freedom in this country and they want to screw with it. "They" know whats best for us!? I beg to differ! Stand up and fight my fellow men and women! Its time to get involved!.......................................Rj r...................................

Skullkrusher 06-06-2011 07:14 AM


Originally Posted by Robertjr (Post 3421225)
Take note fellows, this is the way it happens. complacentcy of the population is how they have gotten this far. Oh and by the way the former president,leader or principal of MADD was arrested for DUI in Gainesville,Fla in may or april of this year. Go figure?........................................... ..Rjr................................

Cops were just picking on her because she's so hot!

http://hypervocal.com/news/2011/what...ted-for-dui-2/

VortechSS 06-06-2011 07:50 AM

BUMMER!

Let me get this right... LEO can pull you over (underway) and give the person sitting in the back seat a BUI?

OR If everyone onboard (anchored) points at one person who is sober and is the "captain," LEO can still take anyone in for BUI?

I know of a few people who keep the the local LEO in business as it is!!! :poopoo:

Does anyone have a link to this law in writing?

88Fount33 06-06-2011 08:03 AM


Originally Posted by Fountain4402 (Post 3421312)
i dont see the big deal, shouldnt be a differance between a boat and car. And you shouldnt be drinking while operating a boat anyways. Its kind of rediculous seeing people get all bent because they cant drink or drink as much. Is alcohol really that important and you cant have fun without it.

Yep, you and your buddies go out to a local restaurant, they have a few cocktails, you agree to be the "designated driver" get pulled over on the way home, you pass the test, but your buddies all fail and get hauled away, that is what this is saying. Comprende?

Need-the-Speed 06-06-2011 08:27 AM


Originally Posted by Fountain4402 (Post 3421336)
That may be somebody interpretation to the law. I doubt its written that way, I would like to see how it reads. Maybe its a little loose on how it's read. A lot of people see new laws and freak out and think OMG we cant do anything.

Im all about drinking and love doing it, but me personally if it were up to me the DRIVE and driver only of a car, boat, motorcycle, etc would be ZERO tolerance. No drinks at all. Personally I think well see that somebody due to all the idiots and the BS and confusion that goes along with it. Be alot easier knowing you cant drink at all vs can I have one or three

I agree, However, if I read it correctly, it doesn't matter if the boat is moving or anchored for the night..or for that matter parked at a dock. If your on the boat and your drinking you could get a BUI ticket......which is a load of $hit IMO.

Quinlan 06-06-2011 08:34 AM

So because Easley stepped down and NOBODY is running the Hen house they are going crazy.
They better have one hell of a big paddy wagon cause everybody in Drip is going down!
Guess the partys on MY dock boys.

Also they were asking people WHATs in your cup? BS!!

fantastixvoyage 06-06-2011 08:40 AM


Originally Posted by Fountain4402 (Post 3421355)
True, If your not the driver you should not be POTENTIALLY threatned by this. Or parked overnight, which most places will say as long as you are parked and keys are out of igntion.

???? Have you even read this thread???? :lolhit:

scarab63 06-06-2011 08:52 AM


Originally Posted by Fountain4402 (Post 3421312)
i dont see the big deal, shouldnt be a differance between a boat and car. And you shouldnt be drinking while operating a boat anyways. Its kind of rediculous seeing people get all bent because they cant drink or drink as much. Is alcohol really that important and you cant have fun without it.

You sir are a silly goose! He wasn't in a 115 MPH skater, he was on a houseboat anchored. Enjoying dinner and drinks with family and friends. Maybe next time you have a cocktail at home the police will flip on their blues and pull in your driveway and make u blow. I'm sure then you'd see why everybody's up in arms!!!!!:bigbird:y

Interceptor 06-06-2011 08:52 AM

WOW, hope they never have a NASCAR race in Oklahoma. The whole infield full of motorhomes with DUI's sitting on the roof watching the race.

On Time 06-06-2011 09:08 AM


Originally Posted by Robertjr (Post 3420878)
Water cops are getting heavier everywhere, they see revenue and when someone is seen who has worked hard and made sacrifices and commitments to get where they are in life today and is able to participate in this sport at no matter what level, they dont like it. Besides it much easier to screw around with someone who will have to pay the fine than it is a crack head or heroin addict where there will be little or no revenue gained. Real crooks shoot back! and that is way too difficult for these piece of crap individuals on these water patrols! I'm fed up as well,whether you drink or not these loosers hassel you anyway, not to mention most have no bussiness being a coxswain of a vessel. I doubt any of them have a ***k! Anyone remember this from WWII movies? "HALT! SHOW ME YOUR PAPERS"! oh and by the way blow in this tube as well. Perhaps they should go blow thier partner!......................................Rjr. ........................

You are right on target. Revenue, revenue, and the Barney Fife/Tackleberry mentality is why 90% of these law enforcement nuts act the way they do. And I especially agree with the part about the guy who's made it and is just going to pay the fine. Or pay the system somehow. These guys really are jealous. You should have seen the dipsh t that pulled us over right after we got the Fountain. He was looking around so much he could hardly write his ticket. He came one inch from asking me what I paid for it. Why don't they go chase drug dealers and Al Quaida!


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