BUI Laws

[Tom7227]

There are four different articles dealing with driving while impaired - motor vehicles; motorboats in operation; snowmobiles and ATV's; off-highway motorcycle and off-road vehicle. There are five different conditions that are illegal. You need to define the conveyance in use; the place as in roadway, off road etc.; and the condition of the suspect. Here are the relevant sections of the law:

169A.20 DRIVING WHILE IMPAIRED.

Subdivision 1.Driving while impaired crime; motor vehicle.

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, except for motorboats in operation and off-road recreational vehicles, within this state or on any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;

(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

Subd. 1a.Driving while impaired crime; motorboat in operation.

It is a crime for any person to operate or be in physical control of a motorboat in operation on any waters or boundary water of this state when:

Subd. 1b.Driving while impaired crime; snowmobile and all-terrain vehicle.

It is a crime for any person to operate or be in physical control of a snowmobile as defined in section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 8, anywhere in this state or on the ice of any boundary water of this state when:

Subd. 1c.Driving while impaired crime; off-highway motorcycle and off-road vehicle.

It is a crime for any person to operate or be in physical control of any off-highway motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary water of this state when

Minn. Stat. 169A.03

Subd. 13.Motorboat. "Motorboat" has the meaning given in section 86B.005, subdivision 9. Subd. 9.Motorboat. "Motorboat" means a watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.

Subd. 14.Motorboat in operation.

"Motorboat in operation" does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring or a motorboat that is being rowed or propelled by other than mechanical means.

Subd. 15.Motor vehicle.

"Motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.

Subd. 16.Off-road recreational vehicle.

"Off-road recreational vehicle" means an off-highway motorcycle as defined in section 84.787, subdivision 7; off-road vehicle as defined in section 84.797, subdivision 7; snowmobile as defined in section 84.81, subdivision 3; and all-terrain vehicle as defined in section 84.92, subdivision 8.

[GrizzlyAdams]

I fully agree with you. I am NOT a drinker by any means and if I do have any while out fishing it may be one or two in an entire day. I don't like being drunk or the hang over that follows. Never understood why anybody would want to waste a day due to a hangover. Or in the case of my ex, an entire weekend for a few hours friday night.

As also stated I would hate to lose the fish of a lifetime due to being drunk or impaired. I use fishing to relax and don't need alcohol to do it. but one or two in a day isn't a big deal to me. But even those days are rare. That is of course if the fishing is slow. (this is more what I was getting at in my original post, I didn't mean to spread out a 12 pack or anything like that through out the day, sorry for any confusion there) When I am operating any motorized vehicle I err on the side of not drinking at all. I have 2 kids and I believe you can not even have a drop of alcohol if they will be in the vehicle. Thats enough for me to not do it at all as I would NEVER risk losing my kids for any reason.

[TooTallTom]

Fair one. Sounds like you've got it pretty well figured out.

Just in looking around at the people in my life (and my self) there are lots of misconceptions about alcohol use and effects.

I know what I know now because I learned the hard way. No one got hurt, which is the best outcome possible. But, now I try to put my bad action to good use and spread some knowledge around. Free of charge and worth what you paid for it.

[BoxMN]

As also stated I would hate to lose the fish of a lifetime due to being drunk

That usually garauntees a big fish to bite, and it usually makes it over the side.

I don't think anybody, including myself, would say it is okay to be "impaired" and driving, but I will say that I find it kind of "interesting" whenver these topics come up and the preaching that goes on. However anybody wants to captain their boat is fine with me, as long as legal. Me?... I will let folks have drinks and I will also enjoy, and stay safe while doing it. Not everybody who enjoys beer is drunk. Just my two cents, and maybe a few others who don't care to get flamed Good luck, drive safe, have fun.

[GrizzlyAdams]

BoxMN. I agree 100%. I have friends that drink all day long. Not piloting my boat, but while fishing. I have no problem with it as long as they stay respectful. I don't have any problem with people drinking and getting drunk either. I just don't understand those that drink to the point of black out and forget everything they did.

I use to "party" pretty hard when I was young but tried to always stay somewhat coherent. (I was usually the sober driver for my friends though, so I didn't drink and get drunk that much) Never made it a habit to drink and drive either. That is what cabs were for.

I am not knocking anyone that wants to drink and have fun. It's just not for me. I have one friend that will drink a case from time to time (usually not while fishing) and that is fine for him. As long as he isn't driving or getting disrespectful with my boat or equipment.

Just like I tell any body I see that wants to drive after drinking, If you hit one of my kids the least of your worries will be the cops.

[TooTallTom]

I agree with you that it's none of my business if people decide to have a drink or whatever and are not posing any kind of threat to me or mine. I've done, and still do, my fair share of it, and I expect the same consideration from others.

But, I think that people often think they're legal when they're not. It was a shock to me when I started to learn (because I was so ordered) about how alcohol effects your body, and about how easy it is to actually meet or exceed .08 BAC. I just don't want anyone to get into trouble because they didn't know and felt good to go. That's the only idea I'm trying to get across: "I feel fine" doesn't equal "I'm legal." Do what you want, just know what you're doing.

[DTro]

I have found it to be quite entertaining to be the designated boat driver.

[gregg52]

i just quickly glanced threw the 15-16 laws

and i didnt see it mention

if you have a dwi on your record then the dwi or bui will cant on your driving record as well

lol... if you have no dwi's feeel free to drink and boat til you get

caught once!!! ...lol

[Trouthunter]

Page 33 of the boating regulations: "The BWI law does not prohibit drinking alcoholic beverages aboard boats nor having an open bottle. The law applies to operators of motorboats that are not anchored, beached, moored, docked or being rowed or propelled by non-mechanical means at the time of the offense."

[ozzie]

so in other words if you think you are over the limit just break out the oars and start rowing...makes ya legal and will sober ya up trying to paddle a 16'+ boat

[Ed Carlson]

Yah...like what possible Ruckus or perceivable Nautical Mayhem could a drunk in a row boat cause?

[I Love teeth]

You can get a DWI even if you are under a .08 BAC if the officer can determine impairment all the way down to a .04 BAC. You can't get a DWI for operating a bike without a motor. DWI laws are for motor vehicles ie Boats, cars, trucks, planes. And BWI's have the same penalties as a DWI in a car and count against any previous DWI. If you feel a buzz or tipsy you are very near or over the threshold for being arrested for DWI or BWI even if you think you are not impaired.

[blakeb]

fyi riding a pedal bike impaired will net you a DUI my buddy got one on a mtn bike in an alley. He Got an attorney left court with a DUI

[I Love teeth]

Yep. I just read the bike statue. 169.222. Bikes have to follow the same laws as a motor vehicle while on a public street or sidewalk. Didn't know that until know. Never needed to use it so never even cared about that statute.

[mhines]

Yep. I just read the bike statue. 169.222. Bikes have to follow the same laws as a motor vehicle while on a public street or sidewalk. Didn't know that until know. Never needed to use it so never even cared about that statute.

Bikes are required to follow traffic laws, such as stop signs, traffic lights etc.......you CAN NOT get a DWI on a non motorized pedal bicycle.

[swamptiger]

Quote:

Bikes are required to follow traffic laws, such as stop signs, traffic lights etc.......you CAN NOT get a DWI on a non motorized pedal bicycle.

I've heard stories about people getting DUIs on bicycles, but didn't know if it was true or not. I've also heard of people getting a DUI while sitting in their vehicle in the parking lot after leaving a bar. Anyone know about that?

Also, what's the penalty for public intoxication?

[Gordie]

Yes you can get a DUI sitting in your car in the parking lot if you have keys on you because there is intend to operate a motor vehicle and they may treat it the same even if you dont have your keys on you.

[CRAZYEYES]

Another thing you don't want is to become a statistic of the men found drown with their pants around their ankles or their fly open with their dingaling hangin out. I've almost made that mistake before standing on the bow in the wind trying to keep my boat carpet dry.

[TooTallTom]

Another thing you don't want is to become a statistic of the men found drown with their pants around their ankles or their fly open with their dingaling hangin out. I've almost made that mistake before standing on the bow in the wind trying to keep my boat carpet dry.

What's the proper procedure here? For general boating purposes, I usually keep the bow pointed into the wind. But if you're trying to keep the carpet dry and in the bow, you're going to be pointed outboard, and the rumor I've heard is that you're supposed to be facing downwind "while underway."

[swamptiger]

It's a lot easier to keep your footing if you keep your pants up...

[bobbymalone]

just pickup a pee cup. I have one for the wife, then I realized I don't have to do the balancing act bit and no stray drops on the gunwale if I use it too.

[bobbymalone]

It's a lot easier to keep your footing if you keep your pants up...

hold on, you don't drop your drawers around your ankles and stand their bare butted? I've been doing it that way since I was 4

[I Love teeth]

Wrong and right. After more research it does have to be motorized vehicle to get a DWI. However, bikes must obey all traffic laws, stop signs and speed limits, turn signals, stop lights. They are required to announce when they are passing a pedestrian on a sidewalk as an example. Read the statute. I have put just the first subdivision on here. Go read it. There is a whole slew of regulations that have to do with bikes. Police just don't enforce many bike laws

169.222 OPERATION OF BICYCLE.

Subdivision 1.Traffic laws apply.

Every person operating a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles.

[TheIceFishingKid]

I Love Teeth

Under the DWI statutes 169A.01 subd.1 unless otherwise indicated, the provisions of this chapter apply to any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state.

169A.03 subd.15 defines a motor vehicle as "every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power."

So no you can not get a DWI will riding a bike. The bike statutes do not say that a bike is considered a motor vehicle or have to follow the same laws as a motor vehicle. It just states that they have to follow traffic laws. The Traffic law statute 169 is different than 169A which is the DWI statute.

[Ed Carlson]

Just a guess but this looks to me to be a FAIL! On horsback, in a boat, or even if on foot..that's a Fail.

[video:google]