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Posts: 897
| I'm a prosecutor and have never seen that situation. Frankly, I've only seen a couple BWI's in 6 years doing this job. Both occurred at the access.
That said, if you're the only one sitting in a motorboat that is not tied up (or sitting in the driver's seat), with the key in the ignition or boat otherwise ready to start at the push of a button, and you're under the influence or over a 0.08, you can be charged with a BWI. Motor doesn't have to be running for you to be in physical control under the law. | |
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