# beer in boat?



## hoeks6321 (Jun 4, 2001)

i was just wondering what the law states about drinking in a boat while fishing? just curious dont want to break any laws now do i.


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## Kevin (Oct 4, 2000)

At the DNR website, there is a main "boating" link in the left column.
Under that page there is a Boating Regulations booklet.

It is illegal to operate a boat under teh influence of alcohol or drugs.


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## 1fish2fish (Mar 28, 2002)

I just took a boaters safety course and the same question was asked. The reply was that it is legal to drink alcohol in a boat. Of course all the basic laws apply, you can not have an illegal blood alcohol level (.10 or higher) and operate the boat and you must be 21 years of age, etc.

Someone else can correct me if this is wrong, but that is what the marine patrol officers told us.


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## STEINFISHSKI (Jan 30, 2001)

I was out drinking in my uncles boat in IN waters of Lake MI. We had been with 3 other boats that day and we ended up being the recepticle having the largest cooler. Well we were powering after sunset and got a ticket for going over 10 MPH after sun went down. We got shook down and everything was ok. Just before the DNR guy left he asked us to open the cooler. There must have been 2 cases of empties and 2 Indiana boys. Well he had to blow, and went .06. The officer gave him a field sobriety test and said he was talking/acting deliberately. He was informed that over .06 the officer could using his judgement ticket him with a BWI and he could ultimately lose his driving priveleges on land as well. The IN limit is also .10

Another cat I know drank all night and when his motor was giving him idle problems he hit a jetski at the ramp and scuffed it while loading his boat. The jetskiier smelled booze and called the cops. He was arrested and his lisc revoked in MI. Luckily I was not there for that one.

Be the designated driver, or drink in moderation. Some days are ok to drink, but other days it is not appropriate. Use good judgement.


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## Huntnut (Jan 21, 2000)

"Well we were powering after sunset and got a ticket for going over 10 MPH after sun went down."

OK, 

I have asked about this recently in this law question forum about running at night...with no answer 

Is it legal or illegal to be up on plane at night??? 

Is it 10 mph, no wake, no plane, or what????

If I'm out salmon fishing until dark in Ludington, and I'm 5 miles out....do I have to idle in....or can I hammer down and get back to port????

I always hammer down...but this is twice now that I have heard it is illegal to be up on plane at night.

Hunt


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## STEINFISHSKI (Jan 30, 2001)

I checked the DNR boating book and did not see the info. It made mention of no speeds in excess of 55 mph unless over 1 mile offshore of the great lakes or waterways. The after sunset speed limit is 10 mph I'm sure, but did not find it in print.


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## boehr (Jan 31, 2000)

> _I have asked about this recently in this law question forum about running at night...with no answer
> 
> Is it legal or illegal to be up on plane at night???
> 
> ...


_

Sorry Huntnut, if you asked before then I missed it.

The speedlimit on all lakes is 55 mph unless there is a local watercraft control on a particular lake. You can check if there are any local watercraft controls on any particular lake by going to the link provided below. When you bring up the site, click on the county that the lake is in and it will list all the lakes that have watercraft controls and what the law is for that watercraft control.

Some definitions are;
No wake = exactly that, no wake
No high speed boating = you cannot operate a boat on plane

http://www.dnr.state.mi.us/law_book/lwc.asp_


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## MGV (Jan 22, 2002)

Here is my own rule on this. I do drink alcohol. In the boat i do not at all. I figure i enjoy my fishing more than a brewski. Better safe than sorry for that one time.


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## boehr (Jan 31, 2000)

In Michigan, .07 impaired, .10 is drunk, same as a car. As far as others not operating the boat they can drink all they want but the operator is responsible for the actions . You can have open containers on a boat too, operator or passengers.

I know, it can never happen to you but you can't say that after a boating accident because of drinking and your dead.


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## Walleye Dog (Feb 6, 2001)

I agree with you Boehr, however, just so people understand that it is an officer's discretion if you are under the influence regardless of the breath test. 

For example, if a boat operator is a blows a .06 and is stumbling drunk, or has operated carelessly, that person can be arrested for operating while under the influence, or imparied. The breath test numbers are only a part of the equation when deciding how to handle a boat operator that has been drinking.

It all comes doen to the totality of the circumstances and if the officer has enough probable cause to make an arrest for operating under the influence.


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## Robert W. McCoy Jr (Jan 18, 2002)

Boehr,
I have a question about the operator part. Is the operator the owner atomatically? Or can it just be the person driving the boat?
I also was wondering what if the person that is drinking is just running a elec. trolling motor but while under way the person that isn't drinking is driving the gas engine?? I am asking this because I am hesitant to even have a beer while moving around the shore with my trolling motor I usually just let someone else drive the boat so I don't have to go back and forth from front to back??


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## ESOX (Nov 20, 2000)

Anybody going to Ontario should be aware that you are not allowed to have an open beer above deck. (Go figure..in CANADA???) Thats ok with me, when I'm fishin the Canadian side of LSC my beverage of choice is Gatorade, of course.


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## boehr (Jan 31, 2000)

Operator is the person driving the boat however, the owner does also have a responsibility not to allow an intoxicated person to operate their boat.

Doesn't matter if it's an electric motor or gas motor, still a motor by definition. If a person is intoxicated they could be charged operating impaired or under the influence regardless of the type of motor.

Walleye Dog...I agree with you but I believe you would agree that attempting to get a prosecutor to move forward is not impossible but difficult in that situation.


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## Robert W. McCoy Jr (Jan 18, 2002)

Thats what I was thinking also. I have had this disscusion several times thank you clearing that up. I will stick to my usuall bass fishin drink diet Pepsi. Thank's again Ray


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## riverboy (Mar 20, 2002)

I got stopped once on the tibbawasee river. DNR wanted to look aborad the boat. we let him. We had two coolers with beer in each in the front of the boat we had a trash bag full of beer cans. We had obviously been drinking a while. All the DNR guy was looking for was unlawful fish. We got lucky that time but I bet if that was a sheriff we wouldnt have been so lucky


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## Walleye Dog (Feb 6, 2001)

The blood alcohol level is definitely the most heavily weighted factor in an OUIL case, but just want everybody to understand that beatying the breath test with a .07 or lower does not automatically get you off the hook. Hope that clarifies it a little better.


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## Crazy Axe (Mar 11, 2007)

So I am bringing this thread back, because I was wondering: what are the laws now? Honestly, I don't think I will be drinking out boating because even though the legal limit is '.10' I would probably make a bad decision and over-drink. But I am pretty sure the laws with cars are no-tolerance, are they like that on a boat now? I've been wondering cuz my grandpa usually drinks a beer or two when we fish and now that I am 22 (i didn't fish at all last year  , sucks) i might want to enjoy a nice cold one while fishing this year. Also if the rules say, no drinking, I wanna let my grandpa know cuz I wouldn't want to see him get in trouble over something like that.


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## WALLEYE MIKE (Jan 7, 2001)

Rules are the same. Operator must be under legal limit while the riders can be stone drunk (if they want to)(here in the US).


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## NEMichsportsman (Jul 3, 2001)

sirslurpee said:


> So I am bringing this thread back, because I was wondering: what are the laws now? Honestly, I don't think I will be drinking out boating because even though the legal limit is '.10' I would probably make a bad decision and over-drink. But I am pretty sure the laws with cars are no-tolerance, are they like that on a boat now? I've been wondering cuz my grandpa usually drinks a beer or two when we fish and now that I am 22 (i didn't fish at all last year  , sucks) i might want to enjoy a nice cold one while fishing this year. Also if the rules say, no drinking, I wanna let my grandpa know cuz I wouldn't want to see him get in trouble over something like that.


The law is now .08!


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## john warren (Jan 25, 2005)

operating under the influence,,, car, boat ,plane,,, doesn't matter . i allow my friends to have a beer but as long as i'm driving i don't drink anything stronger then diet coke.


hoeks6321 said:


> i was just wondering what the law states about drinking in a boat while fishing? just curious dont want to break any laws now do i.


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