Florida BUI law.

[DaNinja]

Re: Florida BUI law.

Drinking while boating isn't legal in your state? At least in most states, its fully legal to wave to the game wardens/coast guard with beer in hand!

Like Home Cooking said...I'm not going to give anyone any excuse to board us for a "safety check". Not a big deal on the lake we go to in Texas, but on Lake of The Ozarks they'll have spotters with binos on the shore looking for "targets" for WP.

I'm also not going to send the message to our teenage guests that it's ok to drink and drive, so I've taken it to that level as an example. They see everything and it doesn't take a teenager much to justify their own bad behaviour. They know Uncle Ninja enjoys a beer or dozen, but they also know that it is only only after turning over the controls to Aunt Ninja.

 

[BTMCB]

Re: Florida BUI law.

while it's smart to know the law in your jurisdiction, don't try to be your own lawyer and think you can beat the system. For every loop-hole you think you find, the cop, the prosecutor and the judge each know a few more against you. For exeample, you can be convicted of DUI without a test, on the witness's (officer's) testimony of what he observed. Most of the stories passed around about people getting off are either false, no longer valid due to changes laws, or such exceptions they would not likely work for you.

The best thing you can do is not get in the situation in the first place. I have changed my habits; while I have always been safe, I am now not going to expose myself to inquiry. For example, I don't ride around with a beer visible even if it's my only beer in 12 hours, and I don't let my passengers wave them around. Be cool. It pays off. And I enjoy boating a lot more when I have no reason to be looking over my shoulder.

Agree 100% - good post

I'm also not going to send the message to our teenage guests that it's ok to drink and drive,

Agree 100% with Uncle Ninja too.

 

[DaNinja]

Re: Florida BUI law.

AH....but which one of you is PIC?

I'm better piloting the boat, but Captain Aunt Ninja rules the boat with an iron hand.
I think even her Navy Commander father fears incurring her wrath.

 

[sasto]

Re: Florida BUI law.

I don't want to get involved in this thread....on second thought, I am. :facepalm:

I charter fished alot in the past...and still do....some. Seldom does it fail the charters are on vacation, having a good time. They show up with a sandwich and several cases of beer. After a day of fishing with these alcohol induced, sun drenched, whatever else they are doing, fools....I'm grabbing myself a brew for the ride in.

Before I became a captain... I was one of them!

I can't comment on the FL laws.....to many of those "good guys" know me nowdays.

I don't care what you do on your boat...just don't put my life, yours, or others, in danger. Some can sip on a beverage all day and be fine, others don't need alcohol to be a fool.

 

[Dolfan0925]

Re: Florida BUI law.

Yeah, here in FL coast guard can board you whenever they want. They're not the police. They don't need probable cause. Regardless, I've heard the same crap as far as cops. Bottom line, OFFICIALLY cops and Coast Guard may have limited power, but the last thing you want to do is **** off either branch of authority. They will tell all their friends and will pass the slow parts of their day by making your life miserable.

 

[DaNinja]

Re: Florida BUI law.

Yeah, here in FL coast guard can board you whenever they want. They're not the police. They don't need probable cause. Regardless, I've heard the same crap as far as cops. Bottom line, OFFICIALLY cops and Coast Guard may have limited power, but the last thing you want to do is **** off either branch of authority. They will tell all their friends and will pass the slow parts of their day by making your life miserable.

You're drunk right now, aren't you?

 

[tx1961whaler]

Re: Florida BUI law.

'ya sure about that? Unless you have a boating license, I can 100% guarantee there is no implied consent with a boat. Implied consent works for a vehicle because you had to go through the licensing, and one of the implied conditions of getting that license was that you would submit to a blood test. That doesn't exist with boating, unless you can point to the florida statute above that says implied consent DOES exist.

Also, refusing the test does not imply guilt. In the motor vehicle world, i've personally seen people refuse, and the blood draw wasn't able to be done for whatever reason. They lost their license for a year because of implied consent, and were tagged with a reckless driving charge, but did NOT receive an alcohol charge.

I did point out the statute. Somebody was just too busy to read it, apparently.

 

[metriccrescentwrench]

Re: Florida BUI law.

A person that has consumed several beers has no idea about his BAC and I view that as a deficiency.

Well there's a simple solution for that, isn't there? Don't operate a motor vehicle after drinking. I've just seen too much stupid crap to have any tolerance for people who think they need to drink while operating a boat. After a couple of instances with idiots who were clearly drinking having close calls with my while pulling my kids on skis I've lost any sympathy whatsoever for anyone who wants to operate a boat and "party". Save it for when you get home.

 

[wingless]

Re: Florida BUI law.

The intrinsic problem with all DUI laws is that the "offender" is not equipped with a meter to permit determination is operation is appropriate or not.

That is contrasted with every vehicle has a speedometer. If a vehicle is pulled-over for operation at 20 mph over the limit, then there is little surprise.

A person that has consumed several beers has no idea about his BAC and I view that as a deficiency.

IMO the state laws should be written to require establishments serving alcohol to have a vending-machine BAC meter, to permit an informed choice prior to operation.

Well there's a simple solution for that, isn't there? Don't operate a motor vehicle after drinking. I've just seen too much stupid crap to have any tolerance for people who think they need to drink while operating a boat. After a couple of instances with idiots who were clearly drinking having close calls with my while pulling my kids on skis I've lost any sympathy whatsoever for anyone who wants to operate a boat and "party". Save it for when you get home.

Back to the topic, this is akin to the legal threshold at BAC of 0.00, like for a pilot.

But to my point, the BAC is 0.08 and based on my tests and measurements IMO that is an acceptable limit. Also IMO a level that is only able to be measured by the police is a deficiency.

 

[Outsider]

Re: Florida BUI law.

the BAC is 0.08 and based on my tests and measurements IMO that is an acceptable limit.

I used to teach Standard Field Sobriety Tests (SFST) to LEOs. In doing so, one of the teaching tools is to use subjects that are actually under the influence. We would usually have 3 subjects in various stages of controlled intoxication from 0.4 to over 1.0, measured by calibrated portable breath tester. You'll just have to take it on faith that many subjects were 'under the influence' well before reaching 0.8. Not all, but probably better than half.

One of the things I taught: a good command of SFST procedures will let you have your ducks in a row before you request the 'official' BAC test. The blow test should be viewed as seeking confirmation of your field tests and observations. Besides, the blow (or refusal) comes after the arrest in many states. I had a lot of fun with lawyers who figured it was a cinch to get their clients off because they refused to blow. Did I ever lose a 'refusal' case? Sure, but rarely ...

 

[nikon]

Re: Florida BUI law.

Back to the topic, this is akin to the legal threshold at BAC of 0.00, like for a pilot.

But to my point, the BAC is 0.08 and based on my tests and measurements IMO that is an acceptable limit. Also IMO a level that is only able to be measured by the police is a deficiency.

Actually it's .04, but you can't feel drunk at all or have any after effects of drinking (hangover) and it's 8 hours from a sip of beer till you can fly....

Quick question for you Fl boaters, I've always been told as long as your under the legal limit you can consume while driving, I know there are no open container laws for you passengers, but specifically for the driver what are the rules??

 

[RogersJetboat454]

Re: Florida BUI law.

We would usually have 3 subjects in various stages of controlled intoxication from 0.4 to over 1.0

I'm guessing these are typos, because I believe at .25 and over is coma territory and at 1.0 BAC, you're blood is alcohol and instead of being legally drunk, your legally dead....

I bought one of these little gizmo's from a Brookstone store for 70 bucks, found out later CVS has them for $50. Its not an excuse to drink and drive/boat, and may not be as accurate as what the police carry, but if your nervous about what your BAC level may be after a couple drinks.
http://www.amazon.com/gp/product/B0..._m=ATVPDKIKX0DER&pf_rd_r=1EA91GWFB842RFVTJM3X

 

[wingless]

Re: Florida BUI law.

the BAC is 0.08 and based on my tests and measurements IMO that is an acceptable limit.

I used to teach Standard Field Sobriety Tests (SFST) to LEOs. In doing so, one of the teaching tools is to use subjects that are actually under the influence. We would usually have 3 subjects in various stages of controlled intoxication from 0.4 to over 1.0, measured by calibrated portable breath tester. You'll just have to take it on faith that many subjects were 'under the influence' well before reaching 0.8. Not all, but probably better than half.

Part of that issue is most people already suck at driving when sober, so alcohol doesn't help.

You must be an Engineer to be off by a factor of ten...

 

[Home Cookin']

Re: Florida BUI law.

If people are going to try to construe the law so they can get just under the limits, or play games with the tests, requirements, etc., they need to understand this: the law prohibits drving while impaired. It does not prohibit driving over or under a certain BAC or blowing up balloons or walking a line. If you are impaired at .02 and drving, you are guilty guilty guilty. The BAC merely creates presumptions of impairment. Being under the BAC does not create a presumption of non-impairment, legally, even if, as a practical matter, LEO's and judges see it that way.

 

[wingless]

Re: Florida BUI law.

If people are going to try to construe the law so they can get just under the limits, or play games with the tests, requirements, etc., they need to understand this: the law prohibits drving while impaired. It does not prohibit driving over or under a certain BAC or blowing up balloons or walking a line. If you are impaired at .02 and drving, you are guilty guilty guilty. The BAC merely creates presumptions of impairment. Being under the BAC does not create a presumption of non-impairment, legally, even if, as a practical matter, LEO's and judges see it that way.

IMO there is a difference between "feel good" nebulous guilty, guilty, guilty adjudication and Lord Kelvin measurement of a physical quantity, "when you cannot measure it, when you cannot express it in numbers, your knowledge is of a meagre and unsatisfactory kind; it may be the beginning of knowledge, but you have scarcely in your thoughts advanced to the state of Science, whatever the matter may be." 1883

IMO, an opinion that hasn't advanced to the late 19th century is meagre and still has a far to go.

 

[Home Cookin']

Re: Florida BUI law.

You go tell the judge that his "knowledge is of a meagre and unsatisfactory kind" and "you have scarcely in your thoughts advanced to the state of Science." Just be sure to bring along your toothbrush.

"The race is not always to the swift, nor the battle to the strong, but that's where the smart money bets."

 

[wingless]

Re: Florida BUI law.

You go tell the judge that his "knowledge is of a meagre and unsatisfactory kind" and "you have scarcely in your thoughts advanced to the state of Science." Just be sure to bring along your toothbrush.

There has not or will not be an instance where this discussion will happen regarding my conduct.

The meagre knowledge is thinking that operating a vehicle w/ a BAC of 0.02 is in any way unacceptable for alcohol level. When serious infractions are handed out based on feelings then you should be worried.

Back to my initial point, IMO it is inappropriate and unacceptable that establishments serving alcohol are not required to provide a wall-mount BAC measuring device to permit responsible compliance w/ alcohol vehicle operation laws.

 

[sasto]

Re: Florida BUI law.

You can certainally blow an .02 and still be under the influence.......maybe from ingesting or inhaling something other than alcohol.

 

[veritas honus]

Re: Florida BUI law.

Somebody, please help me out here...

I need that popcorn eating smiley!!!

 

[Home Cookin']

Re: Florida BUI law.

although some bars have BAC machines, there is a reason most don't, which involves another area of law and legal analysis, off topic. Another example of an otherwise good idea having hidden bad repercussions.