Sir, please pull your boat out here so we can board it. You passed inspection however we're taking you to jail for BUI!

I was boarded once by a Coast Guard Cutter in the Detroit River at about 11:30pm. The Coasty asked if he could board the boat to do a safety inspection. He got real close to me to see if he could smell alcohol. He did...... So he finished his safety check, then got back aboard the Cutter. About 30 seconds later, a Wyandotte Police office appeared from the Cabin of the Cutter and asked if I would cooperate in a field sobriety test. I agreed, passed, and on my way I went. Long/short of it is, I don't think the Coast Guard can enforce DUI laws as they are local/state laws. I believe they can only enforce Federal Laws. However they can hold you on suspision for the local authorities to then proceed.. ( This is just a personal opinion, I have no real evidence to back it up...)I have been boarded numerous times by Canadian and US Coast Guard, and have never been asked for a field sobriety test. Yet EVERY time a Wayne County Sherrif looks at my boat, out comes the breath-alyzer....

And for the record, many, many years ago I was infact over the limit. Was taken to Grosse Ile Jail by Wayne County Sherrif. Went to court, wanted to take my lumps and plead guilty, however Judge refused to take my plea and forced me to get an attorney only to later plead guilty..... My legal rights to operate a boat in the Sate of Michigan was revoked for 6 months effective the day of sentencing. It just so happens I was sentenced in October (you can do the math on that one). My actuall drivers license was never revoked, nor did anything ever show up on my drivers license. My insurance rates never went up, etc. I am sure things have changed since then, and I have kept myself out of trouble since. That was at least 15 years ago (aboard a 24' cruiser).

i think you are correct, I was told by a coastie they do not issue BUI's but will have enforcement come out if they feel its necessary. I dont think USCG is trained in that area and local enforcement issues the bui's


I have been boarded by all of them at one time or another. USCG, police, sheriff, and DNR never had a prob with any of them. Heck the local Sheriff use to race a B class (pre F2) Fountain and usually wants to just catch up on current racing lol. I kinda get a kick out of it plus he's an alright guy.

Local Kemah police wait at the boat ramp in the evenings after being on the water all day.
Nassau Bay police come by "their local area" and you're asked to leave if you're still in the area an hour before dark.

I was on Seadoo in Port Isable (sp) TX pulled over by USCG said take test for posiable BUI or go to shore for Public intox.. Shore was MY choice!! away I went!

In Ontario Canada, no one on board can have open alchol while boat is moving. You can only drink on board if A: you have a cabin with a stove and fridge ( no BBQ or ice cooler counts as stove or fridge) and you are anchored for the night or docked at a Marina.

I am 100% positive of my post. It is frowned upon and may attract unwanted attention by authorities but it is legal

See u this summer at petite sandbar

So I am not alone! ;) Louisiana Wildlife and Fisheries enforcement officers are the same. Many of them act as if they are pissed because they have to be out there. I've gotten to where I steer clear of the hot spots during the weekends and holidays.

I posted this five years ago in the thread in the Boating Safety tab here on OSO:

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)

One more thing that is very interesting in New Jersey. I was in court in Hopatcong NJ this month, where another attorney had a thrid offense Boating Under the Influence (BUI) client (Lake Hopatcong). If your are convicted of a thrid offense Driving Under the Influence (DUI) in New Jersey it is a mandatory 180 days in jail, and a ten year loss of license; HOWEVER, this smart attorney was able find case law on piont and keep his client out of jail for the 180 days for the thrid offense conviction of Boating Under the Influence, but did lose his privilege to operate a boat for ten years. There is much more fact dependent information/subleties to this case, but at least the defendant was not incareated.

That was the first time that I had witnessed that defense successfully. So, bottomline...if your are jammed-up (arrested) in New Jersey call me!

Stephen R. Jones, Esquire
[email protected]

Here in MO (LakeO), you must be operating...
In my last criminal trial, I represented a guy who was behind the wheel of a pontoon with the motor on/idling but not in gear (officer never saw him drive). Upon my request, the court allowed me to modify the jury instruction to read, “'Operate', as used in Section 306.111 RSMo means 'to physically control the movement of a vessel in motion under mechanical or sail power in water'". No conviction. Another attorney down here represented a driver running 110 octane in a canopy boat and the officer said "I smell alcohol" - apparently the response was, "you could spill a keg of beer in here and it would smell the same". No conviction.

fixx
 

mine did not go against my driving record....i was forced to dock the boat by the same cop that gave me a dui..no i was not driving in just pulled it into a slip on the fox river and did it perfectly because i was the only one sober enough to do it..also i was the only one left on the boat that was not going to jail so they had to nail me with some charge...that what the fat ass mckenery county cop told me anyways...still costed me a few grand tho..

when are you in Canada?
 

:party-smiley-004: Last year i was drifting in the middle of the West Niagara River in New York when two Canadian police officers on jet skis approached. They did not ask to board, but said i was in Canadian waters and would have to be cited for drinking. I claimed that my understanding was that boaters are not in Canada until they drop anchor and call Customs. Besides, i am drinking Canadian beer. They laughed, but issued a $125.00 ticket to everyone drinking on board.Since the border is invisible, should i consider the whole river to be Canada? Additionally, boating in my area is overseen by the US Coast Guard, Customs/Homeland Security, Conservation, Parks Police, Sheriff Dept, and various town authorities. All this oversight makes boating in this area safe, but over-regulated.

That's a tricky, grey area:)

We get it here too on the Ohio River. Kentucky and Ohio patrol bank to bank, but where are you??? Sounds worse between to different countries.

For the most part I've found if you're not being an ******* you won't be treated like one.

You see a Hamilton county boat, head the opposite way! Got stopped last year for being polite coming off plain & trying to go by the crowd idling for the Buffet concert, this is around 4pm might I add. Stopped me claiming my buddy was sitting on the sunpad. He wasn't just standing on the floor & leaning back.

Full safety check, then I guess because its Buffet they wanna put a dog on my boat & let him sniff around. Don't know how many times I had to ask them to loosen up the lines so there damn rubber sided boat wouldn't bouncing off mine. Then as I start it up to leave tell me I can't drive my boat I've owned 5 years because I hadn't had a coast guard course & that my buddy has to drive because he's over the age where he was grand fathered in. Had to be born before 82, I was born in 84. Guys never drove a boat in his life, tell me how stupid that is!!

I beleive in 2011 a deal was struck by Canada and the U.S. (Detroit River Area for sure) that Police, Customs and Homeland Security could enforce boating regulations and Laws on both sides of the River or Lakes in International waters. I never have any alcohol on my boat except for pop or water. If we are pulled over and searched there is never a problem. When we want a drink we go to a Bar or Restaurant and have a bite to eat as well.