Boozin' & Cruzin'

SAMIAM · 07-09-2008, 09:14 AM

Can anyone tell me what the law is about drinking alcohol on the lake.We used to go for a late afternoon cruise and throw down a few beers.Can an operator drink as long as he is not impared....how about passengers...is there any kind of open container law? I should know by now but things chasnge and maybe someone can enlighten me.

fatlazyless · 07-09-2008, 09:50 AM

Booz'n & cruis'n is pretty common all over the lake. Just like Goldilocks left a trail of breadcrumbs along the path so she could find her way home, it is s.o.p. to leave a trail of beer cans floating on the surface. It works out good and makes it easy to find your way back home. Just follow all the cans with the same label and boink.....before you know it....you are back to home port.....cheers!

Suggest you open one of those 16oz pressurized draught Guinness' while holding the can underwater. It does two things: moves your kayak forward by 50' and demonstrates the 'for every action, there is an equal & opposite reaction' law of physics. Plus, then you get to drink it.

twoplustwo · 07-09-2008, 09:58 AM

Dude, that was so Hansel and Gretel!! I am useless to you SIA, but I couldn't sit idly by while FLL credited that trollop Goldilocks for no good reason.

Nauset · 07-09-2008, 10:26 AM

Quote:

Originally Posted by SAMIAM

Can anyone tell me what the law is about drinking alcohol on the lake.We used to go for a late afternoon cruise and throw down a few beers.Can an operator drink as long as he is not impared....how about passengers...is there any kind of open container law? I should know by now but things chasnge and maybe someone can enlighten me.

I don't exactly know what the law is on drinking and operating a boat. If I had to guess it must be illegal, kind of like operating a car. My personal rule is to hold off drinking until I'm back at the dock. Not always easy to do if I have guests downing a few. For me, given the events of the last few years of accidents on the water where drinking is in question and the outcome of investigations and civil law suites that are popular, I want to remove the question of alcohol impairment in case I were involved in an accident or if the Marine Patrol were to stop me. In a court of law the point of when a person becomes impared is subjective. As the operator of a boat you are responsible for the safety of all on board. I would not want to be sitting in jail or responsible for hurting someone or worse just to have a few beers on the water.

NightWing · 07-09-2008, 10:49 AM

There is no open container law for boats. There is no law against drinking and operating a boat. There is a law against operating a boat while impaired to any degree. This applies if the parties involved are 21 or over. Under 21 are subject to the same laws as on the roadway.

jrc · 07-09-2008, 12:28 PM

While there is no open container law for boats operating on the lake, there are public drinking laws for many towns/cities. As I understand, if you tie up to a dock you are now considered in that town. So be careful about you or your passengers drinking while tied to the public docks.

As to drinking and operating your boat. I firmly believe that drunken boating is the leading cause of boat accidents and should be prevented and punished severely when observed.

Adults need to know their limits. I don't think everyone should have a zero limit, but I know that my limit on the water is much lower than my limit on land, both of them are much lower than the legal limit. As Nauset says impairment is subjective, BAC numbers won't save you if you do something really stupid after drinking.

Slickcraft · 07-09-2008, 01:34 PM

I do like to drink beer (well pale ale actually) and I do like driving my boat and riding my motorcycle. I find that safe enjoyment of both of these motorized activities take a higher level of mental alertness than driving a car. So while I might drive a car after a drink or two, not so with the bike and the boat.

Mr. Moyer · 07-09-2008, 03:39 PM

Samiam,

Thanks for bringing this topic to the forum. I realize that what you were looking for was a clarification of the law and not an editorial on whether you should indulge in the act of having a beer or two during your evening cruise. I, for one, hope that nightwings assessment of the law is accurate. I've always known it to be legal to drink a beer while operating a boat, while staying sober. That being said, I'm originally from Pennsylvania and not NH. I have avoided having a drink while being behind the wheel of the boat on winnie, because I wasn't sure I was allowed under the law and didn't want to be stopped for BUI/DUI.
I sure would like to know the actual law that covers this. (I will look it up when I get on the boat this weekend, since I leave my NH boating laws manual on the boat) If someone could clarify this a bit more, I would appreciate it.

This being said, we all know that there are people who cannot just have one, and proceed to operate impaired. I for one am very careful to moniter where I am on alcohal intake (1 beer an hr etc.). Not to mention, what is the difference if you go to a bar on the lake and have a beer then get in your boat 20 minutes after your beer or have one on the boat. Personally don't see a difference, but would be interested if MP sees a major difference. I drive for my job and my company has a zero tolerance DUI rule. 1 strike and your fired. Pretty important to clarify for me prior to having an open container on the boat. I'm sure you can all relate.

Skip · 07-09-2008, 04:07 PM

I will confirm Nightwing's post that there is no State law regarding open container regulations while boating in the State of New Hampshire.

RSA 265-A:44, the State law that covers "open containers", only pertains to motor vehicles located on public ways & parking lots. Watercraft are not included in the regulation.

The gray area?

Many communities can and have enacted local ordinances that prohibit the posession of open containers of alcohol in specified public places & buildings within their respective community. So, as noted above, if you tie up to a public docking facility or ramp with an open container, the local authorities may react differently than the NHMP or Fish & Game.

Regardless of the legalities, you obviously are going to attract attention to yourself if you are operating a watercraft while imbibing within sight of any law enforcement officer. Additionally, those of the younger generation that could possibly be under the age of 21 will also attract additional attention.

Hope this clarifies the situation....

Skip

Mr. Moyer · 07-09-2008, 04:44 PM

thanks for the clarification, Skip. This forum has been a great source of info for me over the past 2 years and your posts surrounding legal issues has been right up there with the weather predictions be Canus. Thanks again.

I'll second the point that drinking out in the open will bring the eyes of many including MP directly to your boat and registration numbers, so be careful not to go overboard.

dpg · 07-10-2008, 06:09 AM

I always unterstood it wasn't legal to operate with an open container much like a car???

VitaBene · 07-10-2008, 06:22 AM

Quote:

Originally Posted by dpg

I always unterstood it wasn't legal to operate with an open container much like a car???

That is not the case, as is noted above.

SAMIAM · 07-10-2008, 07:24 AM

Well said,Mr Moyer,and you're right....I was not soliciting lectures on the evils of drinking,BWI,etc.It goes without saying that no one should operate anything while impared.I wanted to know the actual law just for those occasions when everyone is having a beer or two....usually with some major snacks.Don't want to run afoul of the law.It is my understanding that the human body metabolizes the effects of one drink in an hours time depending on gender and body weight, which leads me to believe that a 200lb man could drink 2 or 3 beers over several hours time and not be impaired in any way.

riverat · 07-10-2008, 08:08 AM

During the Boaters Safety Course I took a person asked this question and was told "no there is no open container law and as long as you are operating your craft safely and your passengers are acting safely(not sitting on the gunwale ect...) than he would not have Probable Cause to pull you over" once pulled over he can than conduct a field sobriety test on you to determine your impairment if he thinks you have been drinking. But Probable Cause is the keyword here. If you go out for a leisurely ride with some friends and have a couple coctails and everyone is behaving, most likely you will have a nice experience. Happy Boating!

SIKSUKR · 07-10-2008, 09:25 AM

As Skip noted,there is no law against having open containers in the boat.Different story when tied up at public docks.As far as what the body metabolizes,I can speak to that.The average person's liver can process 1 oz of alchohol per hour.1-12 oz beer,1-4 oz glass of wine,or 1 shot of liquor.If you have a .08 bac and consume these amounts per hour you would stay at the .08.These numbers are general and would be a little different for different people but are numbers used in an impaired driver intervention course required by the state after a DUI.

4Fun · 07-10-2008, 10:02 AM

Quote:

Originally Posted by Slickcraft

I do like to drink beer (well pale ale actually) and I do like driving my boat and riding my motorcycle. I find that safe enjoyment of both of these motorized activities take a higher level of mental alertness than driving a car. So while I might drive a car after a drink or two, not so with the bike and the boat.

I feel just the opposite. I really don't drink regularly but I would feel 10X safer operating a boat after drinking than a car. Things just don't happen that fast on the water. At the slow speeds most boats travel reaction times can be pretty slow and still not hit anyting. Not to say either is a good idea.....

Sman · 07-10-2008, 02:43 PM

Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs
New Hampshire law prohibits anyone from boating while intoxicated (BWI)—that is, operating any vessel (including vessels propelled by a motor or sail, canoes, and kayaks) while under the influence of alcohol, controlled drugs, or any combination of alcohol and controlled drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol.

The following conditions determine if you are boating under the influence.

If your blood alcohol concentration is 0.08% or greater by weight of alcohol as determined by a breath, blood, or urine test, you are considered to be under the influence of alcohol.
If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence.

Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call.

fatlazyless · 07-10-2008, 05:23 PM

"It is my understanding that the human body metabolizes the effects of one drink in an hours time depending on gender and body weight, which leads me to believe that a 200lb man could drink 2 or 3 beers over several hours time and not be impaired in any way."
.....

While a person's weight is frequently used as a scale I think there's other big issues. Like one's predetermined ability to neutralize alcohol, a poison. And, one's level of experience. And, if one like's the taste and drinks regularly.

Ever seen a 105lb Margaret who coud drink a 210lb Olaf just about under the table. Now, why is that if alcohol mitigation is based entirely on one's body weight?. Lucky is the one who does a real good job holding their liquor, or something..

Airwaves · 07-10-2008, 05:59 PM

Skip is correct in saying there is no open container law for boats in NH. Several years (at this point maybe a decade or more) I questioned a ranking NHMP official about that and his response was that every cruiser on Winnipesaukee probably has a small bar and in that bar are open containers of alcohol. It would be unrealistic to charege each and every one of those vessels, not to mention economic suicide!

My personal policy is that when I am the operator of the boat I drink bottled water. (cold from the cooler!) On the water you dehydrate faster than you do on land because of the sun and wind. Alcohol adds to dehydration and impairment.

One other point that I always make to guests on my boat. When you are in public, such as cruising on Lake Winnipesaukee, anyone at any time can and will take your photograph. Do you want to be seen in the paper at the helm of a boat, or even a passenger, chugging???? I have seen photographs of me and my boat a number of times in my local newspaper and even on Boston TV and I had no idea I was being photographed at the time.

Just FYI.

secondcurve · 07-10-2008, 07:29 PM

A couple of years ago I had several friends on my boat and they were all drinking as we came from Pagus Bay and through the channel by the Weirs. Marine Patrol noticed this and fell in behind me as I throttled up and headed toward the no wake zone between Eagle Island and Governor's Island. I dropped down to no wake speed and proceeded properly between the markers. In the middle of the channel the lights came on and Marine Patrol pulled me over. The reason for the stop was one of my buddies sat on the gunwale as I moved between Governors and Eagle islands. The officer had clearly seen my friends drinking and he began paying attention to my boat until he spotted an infraction.

After stopping me he asked if I had been drinking. I hadn't and told him so. He then ran be through the safety check, which I passed. He then let me proceed but not before telling my buddy that he could write him (not me) up for the infraction of sitting on the gunwale while a boat is underway!

The bottom line is folks can drink on a boat, but they will draw attention and place the operator at a higher risk of being stopped. I had no problem with the stop. If I was in the officer's shoes I would have done the same thing.

bigpatsfan · 07-11-2008, 07:32 AM

Currently, unlike motor vehicles, there is no law against having alcohol on a boat.

We can expect that to change. A number of States have recently enacted laws saying there cannot be ANY alcohol on a boat. Like the speed limit issue, it is all about perception. People believe that speeding is an issue so we create a law against it. As seen in this post, people believe that alcohol is an issue, so rest assured that sometime soon, the State will pass a law against having any alcohol on a boat.

Sman stated:
If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence.

Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call.

While it is true about the .03% level can open the door for the MP however, the MP will also need other evidence to prove the driver was impaired. So having a blood alcohol level of .07 absent anything else, means you are innocent of DWI. The MP needs to prove you are impaired not that you have consumed alcohol.

As mentioned previously:
You can be charged with DWI if you are rowing a rowboat, you need not be in a motorized (see below).

Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water.

Keep that in mind as you row back to your cottage from your mooring. Or you raft out to your swim platform.

One final thought on this. With cars you can be arrested for DWI even if you were not driving the vehicle. The same is true for boating.

If the MP believes you are going to drive while impaired he can arrest you for DWI. He can also arrest you if he believes you had driven impaired.

So be careful around public docks. If you are impaired make sure that you do not get behind the helm for any reasons (such as turning on the interior lights). Do not have the keys to your boat in your hands or on your person…Do nothing that can be construed that you are somehow in control of the boat.

Jeti · 07-11-2008, 10:44 AM

http://www.boatingundertheinfluence.org/

Rolie · 07-11-2008, 12:00 PM

Quote:

Originally Posted by 4Fun

I feel just the opposite. I really don't drink regularly but I would feel 10X safer operating a boat after drinking than a car. Things just don't happen that fast on the water. At the slow speeds most boats travel reaction times can be pretty slow and still not hit anyting. Not to say either is a good idea.....

And wouldn't the lake be a great place to be if everybody felt that way.

Nauset · 07-11-2008, 12:29 PM

Does anyone else find it strange how silent the fear mongers are on this topic? Where is the outrage? Here we are having a civil discussion about drinking and operating boats. I would think the same posters who cry out for public safety with things like speed limits, HP limits, no rafting zones, boat size, Capt Bonehead, etc would be all over this. Don't get me wrong, I'm not complaining. I'm just pleasantly surprised.

bigpatsfan · 07-11-2008, 12:30 PM

Make no mistake.. I believe that boating while impaired is dangerous to the driver and everyone else and should not be tolerated. As far as I am concerned, I would have no problem with a law saying that if you are convicted of DWI you spent a year in jail. Period end of story.

What I do not want is another knee-jerk response to a perceived problem.

I do not drive my boat in a reckless manor but starting next year I cannot do 46mph in the Broads on a beautiful Tuesday afternoon. This law was based on the perceived problem that speeding on the Lake is an issue. One case that was used as an example was the Dan Littlefield case. The truth of the mater was that Littlefield, according to the State, was only doing 28mph.

With two fatalities in the past six years where the public believes that alcohol was responsible. I am concerned that some do-gooder decides that the Lake would be so much safer if it was illegal to have alcohol on a boat.

Keep in mind that Littlefield was found NOT-Guilty of DWI and there has been no charges reference the most recent incident. But again perception is everything

Read the previous posts and you can see that a number of people would support a no-alcohol law.

Nauset · 07-11-2008, 12:45 PM

Quote:

Originally Posted by bigpatsfan

Read the previous posts and you can see that a number of people would support a no-alcohol law.

I don't doubt that at all. Everywhere you look there are laws popping up for things that should just be common sense, it keeps the law makers in business. I think most people could have a beer or two and drive a car or boat safely.

John A. Birdsall · 07-12-2008, 08:45 AM

Speed limits on the lake is an ISSUE make no mistake about it, ah what should be a bigger issue is the 150' law make no doubt about that either. I can see achol being a big issue as well, Even though I like to have a drink or a beer once in awhile out on the lake.

We, the boating public, need to take all the safety ideas and work with them, whether it be 150' achol, or speed. no two of them mixed works well.

How fast can a 40' boat stop when it is doing 45 mph? how big of a turn radius does it take? I think that is where the GF boats can be in trouble with speed, especially within the bays and coves of the lake.

Now pass me a drink, I am going out and break the rules in my kayak and the no wake zone.

2Blackdogs · 07-13-2008, 06:59 AM

Quote:

Originally Posted by SAMIAM

Can anyone tell me what the law is about drinking alcohol on the lake.

I don't think it matters how the law reads.

The first thing to go with that first sip of alcohol is judgement. That judgement predicates the second, third, and remaining quaffs until there's no judgement remaining. Judgement returns later, when deciding which law office's legal team to use.

Winnipesaukee · 07-13-2008, 11:14 PM

It is said that due to the extra stress on the human body (e.g., sun, waves, vibration, wind) when boating, that alcohol has three times the effect than on land. In other words, it takes 1/3 the amount of booze to get drunk on the water.

07-09-2008, 09:14 AM	#1
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,836 Thanks: 326 Thanked 1,626 Times in 562 Posts	Boozin' & Cruzin' Can anyone tell me what the law is about drinking alcohol on the lake.We used to go for a late afternoon cruise and throw down a few beers.Can an operator drink as long as he is not impared....how about passengers...is there any kind of open container law? I should know by now but things chasnge and maybe someone can enlighten me.

07-09-2008, 09:50 AM	#2
fatlazyless Senior Member Join Date: Apr 2004 Posts: 8,528 Blog Entries: 1 Thanks: 296 Thanked 957 Times in 698 Posts	...beer cans on the wake! Booz'n & cruis'n is pretty common all over the lake. Just like Goldilocks left a trail of breadcrumbs along the path so she could find her way home, it is s.o.p. to leave a trail of beer cans floating on the surface. It works out good and makes it easy to find your way back home. Just follow all the cans with the same label and boink.....before you know it....you are back to home port.....cheers! Suggest you open one of those 16oz pressurized draught Guinness' while holding the can underwater. It does two things: moves your kayak forward by 50' and demonstrates the 'for every action, there is an equal & opposite reaction' law of physics. Plus, then you get to drink it. __________________ ... down and out, liv'n that Walmart side of the lake!

07-09-2008, 09:58 AM	#3
twoplustwo Senior Member Join Date: Dec 2007 Location: Moultonborough Posts: 456 Thanks: 51 Thanked 39 Times in 21 Posts	rolls eyes Dude, that was so Hansel and Gretel!! I am useless to you SIA, but I couldn't sit idly by while FLL credited that trollop Goldilocks for no good reason.

07-09-2008, 03:39 PM	#8
Mr. Moyer Member Join Date: Apr 2007 Posts: 49 Thanks: 1 Thanked 0 Times in 0 Posts	contradicting views Samiam, Thanks for bringing this topic to the forum. I realize that what you were looking for was a clarification of the law and not an editorial on whether you should indulge in the act of having a beer or two during your evening cruise. I, for one, hope that nightwings assessment of the law is accurate. I've always known it to be legal to drink a beer while operating a boat, while staying sober. That being said, I'm originally from Pennsylvania and not NH. I have avoided having a drink while being behind the wheel of the boat on winnie, because I wasn't sure I was allowed under the law and didn't want to be stopped for BUI/DUI. I sure would like to know the actual law that covers this. (I will look it up when I get on the boat this weekend, since I leave my NH boating laws manual on the boat) If someone could clarify this a bit more, I would appreciate it. This being said, we all know that there are people who cannot just have one, and proceed to operate impaired. I for one am very careful to moniter where I am on alcohal intake (1 beer an hr etc.). Not to mention, what is the difference if you go to a bar on the lake and have a beer then get in your boat 20 minutes after your beer or have one on the boat. Personally don't see a difference, but would be interested if MP sees a major difference. I drive for my job and my company has a zero tolerance DUI rule. 1 strike and your fired. Pretty important to clarify for me prior to having an open container on the boat. I'm sure you can all relate.

07-09-2008, 04:07 PM	#9
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Open containers & boating.... I will confirm Nightwing's post that there is no State law regarding open container regulations while boating in the State of New Hampshire. RSA 265-A:44, the State law that covers "open containers", only pertains to motor vehicles located on public ways & parking lots. Watercraft are not included in the regulation. The gray area? Many communities can and have enacted local ordinances that prohibit the posession of open containers of alcohol in specified public places & buildings within their respective community. So, as noted above, if you tie up to a public docking facility or ramp with an open container, the local authorities may react differently than the NHMP or Fish & Game. Regardless of the legalities, you obviously are going to attract attention to yourself if you are operating a watercraft while imbibing within sight of any law enforcement officer. Additionally, those of the younger generation that could possibly be under the age of 21 will also attract additional attention. Hope this clarifies the situation.... Skip

07-09-2008, 10:49 AM	#5
NightWing Senior Member Join Date: Aug 2004 Posts: 410 Thanks: 4 Thanked 6 Times in 6 Posts	There is no open container law for boats. There is no law against drinking and operating a boat. There is a law against operating a boat while impaired to any degree. This applies if the parties involved are 21 or over. Under 21 are subject to the same laws as on the roadway.

07-09-2008, 12:28 PM	#6
jrc Senior Member Join Date: Apr 2004 Location: NH Posts: 2,689 Thanks: 33 Thanked 439 Times in 249 Posts	While there is no open container law for boats operating on the lake, there are public drinking laws for many towns/cities. As I understand, if you tie up to a dock you are now considered in that town. So be careful about you or your passengers drinking while tied to the public docks. As to drinking and operating your boat. I firmly believe that drunken boating is the leading cause of boat accidents and should be prevented and punished severely when observed. Adults need to know their limits. I don't think everyone should have a zero limit, but I know that my limit on the water is much lower than my limit on land, both of them are much lower than the legal limit. As Nauset says impairment is subjective, BAC numbers won't save you if you do something really stupid after drinking.

07-09-2008, 01:34 PM	#7
Slickcraft Senior Member Join Date: Mar 2008 Location: Welch Island and West Alton Posts: 3,218 Thanks: 1,175 Thanked 2,002 Times in 915 Posts	I do like to drink beer (well pale ale actually) and I do like driving my boat and riding my motorcycle. I find that safe enjoyment of both of these motorized activities take a higher level of mental alertness than driving a car. So while I might drive a car after a drink or two, not so with the bike and the boat.

07-09-2008, 04:44 PM	#10
Mr. Moyer Member Join Date: Apr 2007 Posts: 49 Thanks: 1 Thanked 0 Times in 0 Posts	Thanks thanks for the clarification, Skip. This forum has been a great source of info for me over the past 2 years and your posts surrounding legal issues has been right up there with the weather predictions be Canus. Thanks again. I'll second the point that drinking out in the open will bring the eyes of many including MP directly to your boat and registration numbers, so be careful not to go overboard.

07-10-2008, 06:09 AM	#11
dpg Senior Member Join Date: Apr 2004 Posts: 2,560 Thanks: 149 Thanked 229 Times in 166 Posts	I always unterstood it wasn't legal to operate with an open container much like a car???

07-10-2008, 07:24 AM	#13
SAMIAM Senior Member Join Date: Apr 2004 Location: Moultonborough Posts: 2,836 Thanks: 326 Thanked 1,626 Times in 562 Posts	Well said,Mr Moyer,and you're right....I was not soliciting lectures on the evils of drinking,BWI,etc.It goes without saying that no one should operate anything while impared.I wanted to know the actual law just for those occasions when everyone is having a beer or two....usually with some major snacks.Don't want to run afoul of the law.It is my understanding that the human body metabolizes the effects of one drink in an hours time depending on gender and body weight, which leads me to believe that a 200lb man could drink 2 or 3 beers over several hours time and not be impaired in any way.

07-10-2008, 08:08 AM	#14
riverat Senior Member Join Date: Apr 2006 Location: Alton, NH Posts: 722 Thanks: 337 Thanked 280 Times in 123 Posts	During the Boaters Safety Course I took a person asked this question and was told "no there is no open container law and as long as you are operating your craft safely and your passengers are acting safely(not sitting on the gunwale ect...) than he would not have Probable Cause to pull you over" once pulled over he can than conduct a field sobriety test on you to determine your impairment if he thinks you have been drinking. But Probable Cause is the keyword here. If you go out for a leisurely ride with some friends and have a couple coctails and everyone is behaving, most likely you will have a nice experience. Happy Boating! __________________ Waking up in the morning is the greatest, everything after that is a bonus

07-10-2008, 09:25 AM	#15
SIKSUKR Senior Member Join Date: Apr 2004 Posts: 5,075 Thanks: 215 Thanked 903 Times in 509 Posts	As Skip noted,there is no law against having open containers in the boat.Different story when tied up at public docks.As far as what the body metabolizes,I can speak to that.The average person's liver can process 1 oz of alchohol per hour.1-12 oz beer,1-4 oz glass of wine,or 1 shot of liquor.If you have a .08 bac and consume these amounts per hour you would stay at the .08.These numbers are general and would be a little different for different people but are numbers used in an impaired driver intervention course required by the state after a DUI. __________________ SIKSUKR

07-10-2008, 02:43 PM	#17
Sman Senior Member Join Date: Apr 2005 Posts: 102 Thanks: 3 Thanked 27 Times in 8 Posts	Boating course info... Chapter 4: The Legal Requirements of Boating Alcohol and Drugs New Hampshire law prohibits anyone from boating while intoxicated (BWI)—that is, operating any vessel (including vessels propelled by a motor or sail, canoes, and kayaks) while under the influence of alcohol, controlled drugs, or any combination of alcohol and controlled drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol. The following conditions determine if you are boating under the influence. If your blood alcohol concentration is 0.08% or greater by weight of alcohol as determined by a breath, blood, or urine test, you are considered to be under the influence of alcohol. If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence. Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call.

07-10-2008, 05:23 PM	#18
fatlazyless Senior Member Join Date: Apr 2004 Posts: 8,528 Blog Entries: 1 Thanks: 296 Thanked 957 Times in 698 Posts	"It is my understanding that the human body metabolizes the effects of one drink in an hours time depending on gender and body weight, which leads me to believe that a 200lb man could drink 2 or 3 beers over several hours time and not be impaired in any way." ..... While a person's weight is frequently used as a scale I think there's other big issues. Like one's predetermined ability to neutralize alcohol, a poison. And, one's level of experience. And, if one like's the taste and drinks regularly. Ever seen a 105lb Margaret who coud drink a 210lb Olaf just about under the table. Now, why is that if alcohol mitigation is based entirely on one's body weight?. Lucky is the one who does a real good job holding their liquor, or something.. __________________ ... down and out, liv'n that Walmart side of the lake!

07-10-2008, 05:59 PM	#19
Airwaves Senior Member Join Date: Feb 2006 Location: I'm right here! Posts: 1,153 Thanks: 9 Thanked 102 Times in 37 Posts	Skip is correct in saying there is no open container law for boats in NH. Several years (at this point maybe a decade or more) I questioned a ranking NHMP official about that and his response was that every cruiser on Winnipesaukee probably has a small bar and in that bar are open containers of alcohol. It would be unrealistic to charege each and every one of those vessels, not to mention economic suicide! My personal policy is that when I am the operator of the boat I drink bottled water. (cold from the cooler!) On the water you dehydrate faster than you do on land because of the sun and wind. Alcohol adds to dehydration and impairment. One other point that I always make to guests on my boat. When you are in public, such as cruising on Lake Winnipesaukee, anyone at any time can and will take your photograph. Do you want to be seen in the paper at the helm of a boat, or even a passenger, chugging???? I have seen photographs of me and my boat a number of times in my local newspaper and even on Boston TV and I had no idea I was being photographed at the time. Just FYI.

07-10-2008, 07:29 PM	#20
secondcurve Senior Member Join Date: Jan 2005 Posts: 2,084 Thanks: 1,267 Thanked 557 Times in 286 Posts	It works this way A couple of years ago I had several friends on my boat and they were all drinking as we came from Pagus Bay and through the channel by the Weirs. Marine Patrol noticed this and fell in behind me as I throttled up and headed toward the no wake zone between Eagle Island and Governor's Island. I dropped down to no wake speed and proceeded properly between the markers. In the middle of the channel the lights came on and Marine Patrol pulled me over. The reason for the stop was one of my buddies sat on the gunwale as I moved between Governors and Eagle islands. The officer had clearly seen my friends drinking and he began paying attention to my boat until he spotted an infraction. After stopping me he asked if I had been drinking. I hadn't and told him so. He then ran be through the safety check, which I passed. He then let me proceed but not before telling my buddy that he could write him (not me) up for the infraction of sitting on the gunwale while a boat is underway! The bottom line is folks can drink on a boat, but they will draw attention and place the operator at a higher risk of being stopped. I had no problem with the stop. If I was in the officer's shoes I would have done the same thing.

07-11-2008, 07:32 AM	#21
bigpatsfan Senior Member Join Date: Aug 2007 Posts: 86 Thanks: 21 Thanked 15 Times in 9 Posts	Currently, unlike motor vehicles, there is no law against having alcohol on a boat. We can expect that to change. A number of States have recently enacted laws saying there cannot be ANY alcohol on a boat. Like the speed limit issue, it is all about perception. People believe that speeding is an issue so we create a law against it. As seen in this post, people believe that alcohol is an issue, so rest assured that sometime soon, the State will pass a law against having any alcohol on a boat. Sman stated: If your blood alcohol concentration is greater than 0.03% but less than 0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence. Doesn't mention open container...but the .03% option sort of leaves the door open for MP to make the call. While it is true about the .03% level can open the door for the MP however, the MP will also need other evidence to prove the driver was impaired. So having a blood alcohol level of .07 absent anything else, means you are innocent of DWI. The MP needs to prove you are impaired not that you have consumed alcohol. As mentioned previously: You can be charged with DWI if you are rowing a rowboat, you need not be in a motorized (see below). Boat'' means and includes every type of watercraft used or capable of being used as a means of transportation on the water. Keep that in mind as you row back to your cottage from your mooring. Or you raft out to your swim platform. One final thought on this. With cars you can be arrested for DWI even if you were not driving the vehicle. The same is true for boating. If the MP believes you are going to drive while impaired he can arrest you for DWI. He can also arrest you if he believes you had driven impaired. So be careful around public docks. If you are impaired make sure that you do not get behind the helm for any reasons (such as turning on the interior lights). Do not have the keys to your boat in your hands or on your person…Do nothing that can be construed that you are somehow in control of the boat.

07-11-2008, 10:44 AM	#22
Jeti Member Join Date: Aug 2007 Location: Bedford NH Posts: 40 Thanks: 0 Thanked 4 Times in 1 Post	http://www.boatingundertheinfluence.org/

07-11-2008, 12:29 PM	#24
Nauset Senior Member Join Date: Mar 2007 Posts: 95 Thanks: 2 Thanked 8 Times in 5 Posts	Strange Does anyone else find it strange how silent the fear mongers are on this topic? Where is the outrage? Here we are having a civil discussion about drinking and operating boats. I would think the same posters who cry out for public safety with things like speed limits, HP limits, no rafting zones, boat size, Capt Bonehead, etc would be all over this. Don't get me wrong, I'm not complaining. I'm just pleasantly surprised.

07-11-2008, 12:30 PM	#25
bigpatsfan Senior Member Join Date: Aug 2007 Posts: 86 Thanks: 21 Thanked 15 Times in 9 Posts	Make no mistake.. I believe that boating while impaired is dangerous to the driver and everyone else and should not be tolerated. As far as I am concerned, I would have no problem with a law saying that if you are convicted of DWI you spent a year in jail. Period end of story. What I do not want is another knee-jerk response to a perceived problem. I do not drive my boat in a reckless manor but starting next year I cannot do 46mph in the Broads on a beautiful Tuesday afternoon. This law was based on the perceived problem that speeding on the Lake is an issue. One case that was used as an example was the Dan Littlefield case. The truth of the mater was that Littlefield, according to the State, was only doing 28mph. With two fatalities in the past six years where the public believes that alcohol was responsible. I am concerned that some do-gooder decides that the Lake would be so much safer if it was illegal to have alcohol on a boat. Keep in mind that Littlefield was found NOT-Guilty of DWI and there has been no charges reference the most recent incident. But again perception is everything Read the previous posts and you can see that a number of people would support a no-alcohol law.

07-12-2008, 08:45 AM	#27
John A. Birdsall Senior Member Join Date: Apr 2004 Location: Norwich, CT Posts: 599 Thanks: 27 Thanked 51 Times in 35 Posts	Issues Speed limits on the lake is an ISSUE make no mistake about it, ah what should be a bigger issue is the 150' law make no doubt about that either. I can see achol being a big issue as well, Even though I like to have a drink or a beer once in awhile out on the lake. We, the boating public, need to take all the safety ideas and work with them, whether it be 150' achol, or speed. no two of them mixed works well. How fast can a 40' boat stop when it is doing 45 mph? how big of a turn radius does it take? I think that is where the GF boats can be in trouble with speed, especially within the bays and coves of the lake. Now pass me a drink, I am going out and break the rules in my kayak and the no wake zone.

07-13-2008, 11:14 PM	#29
Winnipesaukee Senior Member Join Date: Feb 2007 Posts: 233 Thanks: 14 Thanked 16 Times in 12 Posts	It is said that due to the extra stress on the human body (e.g., sun, waves, vibration, wind) when boating, that alcohol has three times the effect than on land. In other words, it takes 1/3 the amount of booze to get drunk on the water. __________________ Sail fast, live slow!