BUI Laws

[hart0670]

Now to start, I realize drinking and boating is generally not the best idea. But I have a question about it nonetheless. Does anyone know whether the driver of a boat actually in gear is allowed to be drinking an alcoholic beverage while driving the boat? On page 33 of the PDF linked below, the DNR says that "BWI law does not prohibit drinking alcoholic beverages aboard boats nor having an open bottle."

files.dnr.state.mn.us/rlp/regulations/boatwater/boatingguide.pdf

Some friends and I were discussing it the other night, and none of us knew the actual answer as to whether the driver of a boat, as opposed to passengers, can be drinking a beer while driving, so long as the driver is under the .08 BAC limit.

Does anyone know the answer to this question?

[raymondk]

yes

[varmithtr]

You may have an open container and consume it. You need to be under the legal limit. You can even have an open container if you are driving a vehicle on the ice in the winter, with the same stipulation.

[Tom7227]

It is dealt with in this statute:

169A.35 OPEN BOTTLE LAW.

Subdivision 1.Definitions.

As used in this section:

(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;

(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;

(3) "motor vehicle" does not include motorboats in operation, or off-road recreational vehicles except when being operated on a roadway or shoulder of a roadway that is not part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of natural resources;

[BronzeBrother]

When in doubt call the CO and get the info right from the horse's mouth...

[bobbymalone]

or you can get if from a retired prosecutor.

[Tom7227]

Well I retired as a prosecutor about 4 years ago. Isn't the law saying boats don't count clear enough?

[BobT]

or you can get if from a retired prosecutor.

That was good bobbymalone.

To the OP. I think you can trust Tom's references.

[Esox_Magnum]

Best course is not to have it in the boat period....Not anti drinking just don't think it belongs on the water...

[JbuZZo]

pretty sure he wasn't asking for your an opinion on whether or not it is a good idea to bring beer on the water, just for someone to clarify the inturpratation of the law

[Ebiz]

Quote:

You can even have an open container if you are driving a vehicle on the ice in the winter, with the same stipulation.

Are you sure about that? I'm not doubting you but as I understood it the above post only specifies that the law does not apply to motorboats or ATV's on dedicated trails

[LightningBG]

Are you sure about that? I'm not doubting you but as I understood it the above post only specifies that the law does not apply to motorboats or ATV's on dedicated trails

A little further in the statute it states on public roads.

Subd. 2.Drinking and consumption; crime described.

It is a crime for a person to drink or consume an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor in a motor vehicle when the vehicle is upon a street or highway.

Subd. 3.Possession; crime described.

It is a crime for a person to have in possession, while in a private motor vehicle upon a street or highway, any bottle or receptacle containing an alcoholic beverage, distilled spirit, or 3.2 percent malt liquor that has been opened, or the seal broken, or the contents of which have been partially removed.

[TooTallTom]

Keep in mind two things:

1. A male who is average size and drinks more than once in a blue moon has a good chance of reaching .08 before he feels much from what he's drinking.

2. Citations for BUI carry over to your motor-vehicle license when determining the penatly schedule. (They both look at and count for past DUI's if you get into trouble for BUI.)

One beer probably isn't going to hurt anything, but is the "enjoyment" worth the worry? For me it's not. I'll just have something else (I like cold tonic.) until I'm done with motor vehicles for the day.

[PierBridge]

I'm all about the kiddie cocktail "heavy on the grenadine" when I'm boating!...

[herefish101]

I'm 6 foot tall and 240 lbs, it takes me 4, 12 oz beers to hit .06 and thats as far as i'll go while in a boat, at that point I don't even feel buzzed. I know everything everyone could post about "what if" But I am out there relaxing and for me a few beers go right along with fishing. Now, with that said, I do not condone people who are opperating any vehicle drink to a point where they are over the limit, or let their drunk friends drive even for just a minute. Lets all be safe and have a good time, oh yeh, and catch some fish.....

[mainbutter]

A further legal question: is it legal to be fairly buzzed or even close to sloshed and operate a non-motorized boat? (canoe, kayak, rowboat etc)? Quite a stupid idea, particularly in comparison to the fairly safe idea of one or two brews at a shore lunch, but I'm just curious.

[hart0670]

Thanks for all the responses guys, very helpful information. I definitely understand the potential ramifications of a bad decision to be drunk and drive a boat, but as a few of you described, sometimes just having a beer or two while on the water after work is a great way to relax. And sorry mainbutter, I don't know the answer to your question either! Although I'd suggest that since the regulations reference "motorboats" they wouldn't apply to canoe's or rowboats. Might be worth looking up to see whether there are separate regs for those though.

[pushbutton]

Would think for Mainbutter, the legality issue would be one of public intoxication. While i am not a retired prosecutor, i did drop out of law school

[Ed Carlson]

The DNR and NDG&F issues tons of operating a boat while under the influence citations every year. And they can and will confiscate the boat or watercraft. If it happens while your loading the boat, you may potentially loose the truck and the boat. Wouldn't that be a kick in the head...Eh?

Not 100% sure but I think they also pull your drivers license as it's considered a motor vehicle in MN. The lawyers in the house can correct me on that if I'm wrong, and if you know for sure, please do. I'm very curious to know for sure on that, if anyone does know?

So..is it worth it? That is up to the operator.

I do not allow any alcohol or drugs in my boats...period. Produce either in my boats, and ...Zap...the day is done...you go home. Been my rule for many years. The liability concerns is just not worth it. Once you hit the shore and hit the camp, go nuts if you wish...just not on the water with me.

[Random guy]

I ban all booze from my boat and if I think the client is tipsy when they show up I postpone or cancel the trip. Booze and boats is just a bad combo and I think the laws should follow the same as traffic laws when it comes to the driver/operator. Too many variables for messing around and pushing into the gray area.

[MuskieJunkie]

A further legal question: is it legal to be fairly buzzed or even close to sloshed and operate a non-motorized boat? (canoe, kayak, rowboat etc)? Quite a stupid idea, particularly in comparison to the fairly safe idea of one or two brews at a shore lunch, but I'm just curious.

I'm assuming you mean over the limit. No it is not legal. It is illegal to operate anything anywhere while over the limit. You could get a DUI on a bicycle on your own property, now I doubt a LEO would even write that ticket but that's how the law is written.

[401TE]

Here's my understanding of BUI/open container laws in MN...

The driver of the boat can have an open container/be drinking while operating a boat on a lake. However, you cannot be operating the boat while under the influence of alcohol. The folks who say it's only illegal when you're over a 0.08 BAC are incorrect. If law enforcement observes you operating a boat in a manner they believe indicates you are under the influence of alcohol or another substance you can be charged with BUI. You don't have to be at a 0.08 to get a BUI or a DUI.

Regarding canoes, bikes, kayaks. MN statutes do not provide for DUI or BUI crimes for NON-MOTORIZED vehicles. If anything, you'll be charged with public intoxication. So, no, you can't get a DUI riding a bike in your yard.

[GrizzlyAdams]

Quote:

So, no, you can't get a DUI riding a bike in your yard.

Not so sure that is true. I believe you can get one. You also can get a speeding ticket while riding a bike. So why can't they give you a DUI on a bike. Then it is up to you to spend the time and money to fight it in court. Not worth it to me to even take the chance.

Nothing at all wrong with having a beer or 2 while fishing. Just don't need to be wasted. Besides, I would rather not be impaired when the BIG fish of a lifetime hits and end up losing it do to being too buzzed.

If drinking, just spread it out and don't pound them down. Good to go and should never have an issue.

[TooTallTom]

Nothing at all wrong with having a beer or 2 while fishing. Just don't need to be wasted. Besides, I would rather not be impaired when the BIG fish of a lifetime hits and end up losing it do to being too buzzed.

If drinking, just spread it out and don't pound them down. Good to go and should never have an issue.

I agree with most of your first paragraph above, GrizzlyAdams, but the second sentence of it, and the last paragraph of your post can get you into trouble. Many people will reach and exceed the legal limit before being wasted or even feeling a buzz. Especially if you're drinking slowly over the course of a day. Your body can only totally remove something like four drinks' worth of alcohol in 24 hours, then you start to build up a blood-alcohol level. Even if you're only drinking one an hour, if you drink for several hours, chances are good you'll exceed the limit.

A tolerance actually works against you as far as "feeling it" and reaching .08 are concerned. With a bit of a tolerance, you only start to feel it AFTER you've reached/ exceeded the limit.

[401TE]

I am sure this is true, read the statutes and case law. MN statutes, section 169A, distinguishes between motorized and non-motorized vehicles for DUI's and BUI's. There is an exception for vehicles moved solely by human power.

No idea on the speeding ticket on a bike and am not going to spend time researching it.