Todd,

I believe it's .08 with the new law. However it is a "per se" statute, meaning that you do not HAVE to be at .08 before you can be arrested. All that is necessary to effect an arrest under the statute is for officers to show that your ability to operate was impaired. This may be .04 for some and .07-.08 for others.

As for boarding....I can't find the statute, however I'm not familiar with any section of MCL that extends powers to state law enforcement (DNR) but not local law enforcement (reference post #129). All statutes I'm aware of regarding search and seizure in this state apply to all sworn peace officers equally. As far as I know, ANY peace officer may stop you and board your boat without cause in MI. Either way, I would not recommend telling anyone with a ticket book that wants to inspect you to shove off.....at least not if you want to enjoy the rest of your day.

Rotax,

I would think it is correct since the book is called:
"The Handbook of Michigan Boating laws an Responsibilities"

Here is a qoute from the Enforcement Section:
"Enforcement
The boating laws of Michigan are enforced by officers of the Law Enforcement Division of the Michigan Department of Natural Resources, County Sheriff's Department, U.S. Coast Guard, and any other authorized law enforcement agency. They have the right to stop and board vessels in order to check for compliance with federal and state laws. The USCG has enforcement authority on federally controlled waters."

Here is the link to the book:
http://boat-ed.com/mi/handbook/enforce.htm

Here is a printable pdf of the book:
http://boat-ed.com/mi/handbook/pdf_index.htm

Here is the alcohol part: (.10 is legally drunk)

"It's the Law: On the Water
Alcohol and Drugs
Michigan law prohibits anyone from boating while under the influence of alcohol or drugs. It is also unlawful for the owner of a vessel to allow anyone else to operate their vessel if that person is under the influence of alcohol or drugs.

The following conditions determine if you are boating under the influence.
If your blood alcohol content is 0.10% or greater by weight of alcohol as determined by a breath, blood, or urine test, you are considered to be under the influence of alcohol.
If your blood alcohol content is greater than 0.07% but less than 0.10% by weight of alcohol as determined by a breath, blood, or urine test, a law enforcement officer can consider that fact along with other evidence in determining if you are under the influence.
Michigan law establishes the following penalties.
People arrested for boating under the influence are guilty of a misdemeanor. Upon a third conviction within 10 years, a person will be guilty of a felony.
If a person boating under the influence causes great bodily injury or death of another person, he or she will be guilty of a felony.
By operating a vessel on Michigan waters, you have consented to be tested for alcohol or drugs if arrested by a law enforcement official. "

Link:
http://boat-ed.com/mi/handbook/alcohol.htm

How much crime takes place on the waterways of Michigan?

It sure seems like the counties in this great state of Michigan could find better things to do with our tax dollars than jump in a boat and head out to harass the very people that are busting their balls trying to keep this state alive. For God sakes, we cannot go out and ride around in our boats without harassment, but you can smoke crack on the street corner and shoot people on land and nobody seems to give a fukk.

Long... all info from:
http://www.legislature.mi.gov/(S(eg0...e=chapterindex



Info on who is an officer:------

MCL Section 324.80104
"(c) "Peace officer" means any of the following:

(i) A sheriff.

(ii) A sheriff's deputy.

(iii) A deputy who is authorized by a sheriff to enforce this part and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to this part.

(iv) A village or township marshal.

(v) An officer of the police department of any municipality.

(vi) An officer of the Michigan state police.

(vii) The director and conservation officers employed by the department."

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Info about boarding:-------

Section 324.80166

324.80166 Peace officers; stopping of vessels; duty of operator; reasonable suspicion; furnishing false information as misdemeanor; arrests without warrant.

Sec. 80166.

(1) Upon the direction of a peace officer acting in the lawful performance of his or her duty, the operator of a vessel moving on the waters of this state shall immediately bring the vessel to a stop or maneuver it in a manner that permits the peace officer to come beside the vessel. The operator of the vessel shall do the following upon the request of the peace officer:

(a) Provide his or her correct name and address.

(b) Exhibit the certificate of number awarded for the vessel.

(c) If the vessel does not bear a decal described in section 80166a or an equivalent decal issued by or on behalf of another state, submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel.

(2) Except for inspection of a vessel to determine the number and adequacy of personal flotation devices on that vessel, a peace officer shall not stop and inspect a vessel bearing the decal described in section 80166a or an equivalent decal issued by or on behalf of another state during the period the decal remains in effect unless that peace officer has a reasonable suspicion that the vessel or the vessel's operator is in violation of a marine law.

(3) A person who is detained for a violation of this part or of a local ordinance substantially corresponding to a provision of this part and who furnishes a peace officer false, forged, fictitious, or misleading verbal or written information identifying the person as another person is guilty of a misdemeanor.

(4) A peace officer who observes a marine law violation may immediately arrest the person without a warrant or issue to the person a written or verbal warning.

--------------

Info about exhaust:-------

Section 324.80156
324.80156 Motorboat; muffler or underwater exhaust system required; maximum sound levels; test and maximum decibel levels; new motorboat to comply with prescribed sound levels; exceptions; “dB(A)” defined; violation as misdemeanor; penalty.

Sec. 80156.

(1) Subject to subsection (2), a person shall not operate a motorboat on the waters of this state unless the motorboat is equipped and maintained with an effective muffler or underwater exhaust system that does not produce sound levels in excess of 90 dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005 or a sound level in excess of 75 dB(A) when subjected to a shoreline sound level measurement procedure as described by SAE J1970. The operator of a motorboat shall present the motorboat for a sound level test as prescribed by SAE J2005 upon the request of a peace officer. If a motorboat is equipped with more than 1 motor or engine, the test shall be performed with all motors or engines operating. To determine whether a person is violating this subsection, a peace officer may measure sound levels pursuant to procedures prescribed in SAE J1970, issued 1991-92.

(2) The department may by rule establish a motorboat sound level test and set a maximum decibel level or levels permitted for motorboat operation that replace the tests and maximum decibel levels permitted under subsection (1). If a test and maximum decibel level or levels are established pursuant to this subsection, all of the following apply:

(a) A person shall not operate a motorboat on the waters of this state if the motorboat produces sound levels that exceed the maximum decibel level or levels established under this subsection.

(b) The operator of a motorboat shall present the motorboat for the sound level test established pursuant to this subsection upon the request of a peace officer.

(c) A motorboat equipped with more than 1 motor or engine shall be tested with all motors or engines operating.

(3) A person shall not manufacture, sell, or offer for sale a motorboat for use on the waters of this state unless that motorboat is equipped and maintained with an effective muffler or underwater exhaust system that complies with the applicable sound levels permitted under subsection (1) or (2).

(4) Subsections (1) and (2) do not apply to any of the following:

(a) A motorboat tuning up or testing for or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by an appropriate unit of government.

(b) A motorboat being operated by a boat or marine engine manufacturer for the purpose of testing or development.

(c) A motorboat that qualifies as an historic vessel.

(5) As used in this section, “dB(A)” means decibels on the “A” scale on a sound meter having characteristics of a general purpose sound meter as defined by American national standards institute S1.4-1983.

(6) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days and a fine of not less than $100.00 or more than $500.00. Additionally, before putting the motorboat back in use, a person who violates this section is required to install an effective muffler or underwater exhaust system that meets the requirements of this section on the motorboat in violation at his or her expense.

-----------

info about alcohol:-----------

Section 324.80176

324.80176 Operation of vessel by person under influence of intoxicating liquor or controlled substance; violation as felony; penalty.

Sec. 80176.

(1) A person shall not operate a vessel on the waters of this state if either of the following applies:

(a) The person is under the influence of intoxicating liquor or a controlled substance, or both.

(b) The person has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2) The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of this state by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(3) A person shall not operate a vessel on the waters of this state when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person's ability to operate the vessel is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

(4) A person who operates a vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.

(5) A person who operates a vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” includes, but is not limited to, 1 or more of the following:

(a) Loss of a limb or use of a limb.

(b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

(c) Loss of an eye or ear or use of an eye or ear.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain damage or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

Another that I don't like...

Section 324.80180

324.80180 Peace officer; arrest without warrant; reasonable cause; conditions; returning vessel and occupants to shore; effect of not charging person receiving citation.
Sec. 80180.

(1) A peace officer, without a warrant, may arrest a person if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vessel involved in the accident in this state while in violation of section 80176(1), (3), (4), or (5) or a local ordinance substantially corresponding to section 80176(1) or (3).

(2) A peace officer who has reasonable cause to believe that a person was operating a vessel on the waters of this state, and that, by the consumption of intoxicating liquor, the person may have affected his or her ability to operate a vessel, may require the person to submit to a preliminary chemical breath analysis. The following apply with respect to a preliminary chemical breath analysis:

(a) Only a peace officer who has successfully completed a training course taught by a state-certified instructor in the administration of the preliminary chemical breath analysis may administer that test.

(b) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.

(c) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime described in section 80187(1) or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This subdivision does not limit the introduction of other competent evidence offered to establish the validity of an arrest.

(d) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections 80187 to 80190 for the purposes of chemical tests described in those sections.

(e) A person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

(3) A peace officer making an arrest under this part shall take measures to assure that the vessel and its occupants are safely returned to shore.

(4) If, not more than 60 days after the issuance of a citation for a state civil infraction under this section, the person to whom the citation is issued is not charged with a violation of section 80176(1), (3), (4), or (5) or a local ordinance substantially corresponding to section 80176(1) or (3), the citation issued for the state civil infraction is void. Upon application of the person to whom the citation is issued, money paid by the person as a fine, costs, or otherwise shall be immediately returned.

So according to all of this...If pulled over they can board to check compliance of the law, they can say they want to see your horn. If you dont have one and act like an aZZ to them, they can arrest you for not following the law.

Basically if they wan't, they can ruin your day on the water just for you being a jerk to them. Unless you comply with every single rule. Even then I am sure they could find something, like making a wake in a no wake zone.

I can honestly say we have boated a lot of the water in the great lakes, and the only place I have been boarded was in my own back yard. Grand Haven, White Lake and once in Mullet Lake. No tickets were ever issued, but they take there time and check everything. If its by the CG I have them give me a certified inspection so I can get a certification slip. It helps when you get pulled over the next time.

I used to go to the Municipal Launch in Grand Haven 4 times a week... last year, I boated almost exclusively in Holland to avoid this Grand Haven fiasco... I must say, Holland still pulled me over once, but they were nice and never even tested me. I also know a few others that were getting pulled over and ticketed... although they didn't have very good mufflers.

I personally am running a 32 Active Thunder with exhaust that exits over the swimplatform... CMI dry to the tip headers/tails. (700hp 540's) I ran CMI - sound elimination system mufflers and measured myself several times at about 90-91 db with ONE engine running (you have to run 2 for a test as I understand it). As a reference I have hit 112-113 average without the mufflers. So with 2 engines you need to add 3 db on average for the doubling effect. So I'm at the mercy of the police too...

I have also had someone call the police on me for running too loud on Lake Michigan off the Holland Shoreline... that was the one time I was pulled over... the police officer noticed that the boat was reasonable with the mufflers on.

I don't know about you guys, but I think it's absolutely amazing that the police would rather us hit 90db with both engines running at idle with downtubes... and then make a TON of noise when they come out of the water on the big lake. At least the CMI's quiet the boat on plane at the slower speeds. To me, the only way to make the law with high performance big blocks is to have BOTH mufflers and down tubes. That would mean 6" down tubes... nasty.

The link below shows the boat without mufflers on the trailer and with them on Lake Michigan (still pretty loud on the lake).
http://www.youtube.com/watch?v=MCFNu6p6VL8

I sure know what you're talking about Bill. Here our country has been attacked by terrorists, we're at war and I cannot believe the perspective of some of my fellow American brothers. I believe in the quality of life, but some of the laws and the attitudes of many Americans today act like we're supposed to be living in a perfect world! Perhaps if our country gets hit again---worse than before that we will wake up then! (???)

Tibbs/Jeff, I love the sound of your boat. I got stopped in Holland by the DNR for sound about 5 years or so ago. They wrote me for a registration violation instead and gave me a warning on exhaust sound. I was moving at idle speeds in center of Lake Mac on my way back to the launch after boating for a day. They snuck up behind me as I came in from being out on the lake for a day. Who knows, but probably the same person who called on you. I have not been back to Holland since---that's fine....didn't like it much there anyway.