Open Container Laws

WoundUpMarine

Admiral
Lite User
Joined
Jan 1, 2012
Posts
5,982
Likes
4,552
Location
Boothbay, Me
First Name
John
Boat Make
26' Duffy, 23' Seaway, 14' Holland

yanmar

Rear Admiral
Joined
Aug 31, 2011
Posts
1,011
Likes
1,084
Location
Forked River, N.J. USA
Boat Make
26 chesepeake 22 tripp
Here in New Jersey there is no law that prohibits open containers of alchol on a boat unless on state property with out special permit , but all laws of DUI are the same as motor vechicle for the operator .
 

MouseTrap

Rear Admiral
Joined
Sep 10, 2011
Posts
1,165
Likes
235
Location
Seacoast, NH
Boat Make
Rosborough
It's a stretch, but Maine Law does have a "public drinking law".

Public Drinking

Any Person who drinks liquor or possesses an open container in any public place, after being forbidden to do so by a law enforcement officer or within 200 feet of a conspicuously posted sign

may be fined up to $1,000.00 and sentenced up to 6 months in jail.

Maine Liquor Laws

Maine authorities are hanging their hat on bodies of water being a public place.
 

WoundUpMarine

Admiral
Lite User
Joined
Jan 1, 2012
Posts
5,982
Likes
4,552
Location
Boothbay, Me
First Name
John
Boat Make
26' Duffy, 23' Seaway, 14' Holland

MouseTrap

Rear Admiral
Joined
Sep 10, 2011
Posts
1,165
Likes
235
Location
Seacoast, NH
Boat Make
Rosborough
I agree. If a skipper is acting recklessly, or otherwise appears to be under the influence, that would be one thing. Just busting chops about passengers having open containers or public drinking seams a bit overboard.
 

JoFishes

Lieutenant Commander
Joined
Feb 19, 2012
Posts
196
Likes
27
Location
Oak Hill, Florida
Boat Make
Seaway, Kinnamon, Carolina
A buddy of mine was issued a "BUI" for being .04%, here in FL. Half of what it takes in a car to get charged.
If tht's the case......then all the "warriors" better watch out!
It was by a local LEO though and not the USCG.
 

CaptDave

Captain
Joined
Sep 13, 2011
Posts
918
Likes
438
Location
MA
Boat Make
31' Eastern w/John Deere 6076 AFM30
Wound Up,

Did this happen to you or did someone tell you this who may have been boarded with open containers. I will admit, many times they will board a boat if they see lots of people drinking to ensure the safety of everyone on board and that the operator is not impaired. To me if they are pressing an open container law then thaat would suck for those headed out to Cabbabe Island each day. I recommened you call the Station and ask for a clarafication of the issue, you will find out that they will talk to you and are approachable. As far as them running SAR, the majority of the cases run work out fine with professional well trained crews. When you are in the water, you will want them there, when floating around having a few beers or hauling gear you will not want to see them. As an old Master Chief once told me "Everyone HATES A COP AND LOVES A FIREMAN" and they have both roles.

PM Me your telephone number, I am more curious about the situation.

Thanks,

Dave
Retired Chief Warrant Officer, USCG, 29 years
 

JoFishes

Lieutenant Commander
Joined
Feb 19, 2012
Posts
196
Likes
27
Location
Oak Hill, Florida
Boat Make
Seaway, Kinnamon, Carolina
It actually happened a few years back to a guy who was taking my 35 Duffy out on a comm. trip. He was stopped supposedly breaking a "no wake" speed by a county sherriffs boat and ordered back to the dock where he was issued a "BUI" and told not to leave the dock again till the next day. They did not arrest him though.
Needless to say, I was a bit pissed at the capt. who didn't tell me about it till later on. He also told me two officers later showed up at his house and were willing to drop the charge in exchange for him giving up info. on smuggling activities in our inlet.
"The only smuggling in our inlet is probably fish and lobster, not illegals and drugs!" he said. The charge stuck and he lost his DL for awhile. True story.
Sorry, thought you were referring to my post reply....Jo
 

CaptDave

Captain
Joined
Sep 13, 2011
Posts
918
Likes
438
Location
MA
Boat Make
31' Eastern w/John Deere 6076 AFM30
Jo,

I was referring to the Maine situation and if anyone ever runs my charter boat during a charter or without a charter while drinking, they will be done working for me. There is plenty of time back at the dock to have a few at the end of the day. The reason I am adament is we have a commercial and coastwise endorsement an operator is considered OUI when a BAC is .04 or greater. We as a charter boat and unfortunately all do not comply must be in a random urinalysis program and also have alcohol testing kits on board if you can not be tested within two hours.
The rules and regulations are strict and the penalties are harsh and not only would the operator be screwed but my reputation as running a safe charter boat would be ruined and that would hurt financially and we would be done. Take a look at the link below and I will not even discuss my actions as an owner if one of my operators or crew tested positive.

DAPI FAQs

Done with my soap box for the day, need to pick up some, plants, bugs and hop in the pool later and steam up those critters.

Thanks,

Dave
 

RKrough

Commander
Joined
Oct 23, 2011
Posts
310
Likes
119
Location
Wilmington NC
Boat Make
Midland 19
From what I have read and been told, most local jurisdictions on navigable water with a Coast Guard presence has an agreement with the Coasties to enforce state and local boating laws also. With the tough financial situation most states an towns are in, many have cut back or eliminated marine patrols and relying more on the Coasties for local enforcement.

Personally I would rather be boarded by the Coast Guard any day as opposed to the local Barneys
 
Top Bottom