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Muskie Fishing -> Muskie Boats and Motors -> DUI in boat without big motor running?
 
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Message Subject: DUI in boat without big motor running?
MuskyMidget
Posted 5/24/2017 2:20 PM (#862728)
Subject: DUI in boat without big motor running?




Posts: 901


Hey Guys,

I don't have a habit of getting loaded while out fishing, but got to thinking about the BWI rules.

I read the MN DNR rules and it says if you're docked, anchored, rowing, or being propelled by a non-mechanical devise, you are not breaking the law if you're drunk.

I assume a trolling motor would be considered a mechanical devise.

Just curious if anyone has stories or have heard of someone getting stung by the cops even when they were not running the big motor!? If some guy is over the BAC limit but just using his bow mount to fish around the shoreline, etc.

Thanks - Midge

Edited by MuskyMidget 5/24/2017 2:21 PM
whynot
Posted 5/24/2017 2:28 PM (#862729 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?




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.
T3clay
Posted 5/24/2017 8:42 PM (#862761 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 770


That is correct^ and well put i might add!
Ranger
Posted 5/28/2017 12:38 AM (#863101 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 3765


Never saw it, but have encountered many cops and CO's thru the years. Also watched them work. All this is just my experience...

Its notable that the officer will usually try to discreetly observe a boat for quite a while before talking with the occupants. Seems most are looking for, first and foremost, that you are operating in a safe manner. Cops will focus on safety gear while COs will look for compliance with fishing regs. Every cop and CO will be wearing a life vest and your first best impression is to already be wearing one, too. Next big deal is responding to every request for information in a quick and friendly manner. I think the officer has already mostly decided about you before they roll up and the interview is verification. If you've been and are a drunken idiot, a risk to yourself and others, they have no choice but to bust you. But if you've been cool, safe and reasonable and then found during the interview with an open container the officer will rarely even ask about it.
tbaatz
Posted 5/30/2017 10:19 AM (#863255 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 140


Location: Scandia MN
If you want/need to drink stay home - If you want to fish then fish - It really isn't that complicated - Alcohol impairs your judgment - When someone endangers themselves and more importantly others unnecessarily they deserve to suffer the consequences - If you can't do one without the other you have an issue that needs to be dealt with - The laws are there to protect society at large from those who disregard the simple responsibility to not make their problem yours - Why we allow that type of behavior to persist is the real mystery here - - - -
MuskyMidget
Posted 5/30/2017 2:40 PM (#863284 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?




Posts: 901


Easy there fella ... nobody on here needs a lesson (or scolding in this case) from you about drinking and boating. I was simply asking a question about what people have seen/experienced in person.

burningdubs
Posted 5/30/2017 2:48 PM (#863285 - in reply to #863255)
Subject: Re: DUI in boat without big motor running?




Posts: 143


tbaatz - 5/30/2017 10:19 AM

If you want/need to drink stay home - If you want to fish then fish - It really isn't that complicated - Alcohol impairs your judgment - When someone endangers themselves and more importantly others unnecessarily they deserve to suffer the consequences - If you can't do one without the other you have an issue that needs to be dealt with - The laws are there to protect society at large from those who disregard the simple responsibility to not make their problem yours - Why we allow that type of behavior to persist is the real mystery here - - - -


Sounds like a lot of people on these boards got a dranksin problem!
mnmusky
Posted 5/30/2017 3:15 PM (#863290 - in reply to #863285)
Subject: Re: DUI in boat without big motor running?




I could be wrong but in Minnesota,,, if it has a motor, you can get a dui.. even on a riding lawnmower. I dont think you can on a bike, canoe, etc.. (that has no motor),
short STRIKE
Posted 5/30/2017 3:52 PM (#863294 - in reply to #863255)
Subject: Re: DUI in boat without big motor running?





Posts: 470


Location: Blaine, MN
tbaatz - 5/30/2017 10:19 AM

If you want/need to drink stay home - If you want to fish then fish - It really isn't that complicated - Alcohol impairs your judgment - When someone endangers themselves and more importantly others unnecessarily they deserve to suffer the consequences - If you can't do one without the other you have an issue that needs to be dealt with - The laws are there to protect society at large from those who disregard the simple responsibility to not make their problem yours - Why we allow that type of behavior to persist is the real mystery here - - - -


Man I hope you didn't travel 1 Mph over the speed limit on your way to the lake and endanger all of society around you. Speed limit laws were enacted with public safety in mind. If the law says I can drink in the boat up to a certain threshold who are you to tell me to stay home? If you had a bad experience/outcome then by all means do what's right for you, but I'm not staying home to have a beer When I am completely within my privileges and thresholds to do so

Edited by short STRIKE 5/30/2017 4:10 PM
Tommis
Posted 5/30/2017 4:03 PM (#863296 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 841


Location: Southwest PA
It all boils down to personal responsibility. There is a threshold for a reason and it is the responsibility of the operator to remain below that. However, having an open container can (and should) invite the authorities over to investigate if they take notice. If the operator is courteous and has been responsible, there is no need to worry. If the operator has not, he/she shluld get what they deserve. I see both sides of this issue and am glad I don't partake, eliminating the need to worry about such matters. Stay safe out there guys and common sense goes a looooooong way. It's a shame common sense ain't so common anymore...
mnmusky
Posted 5/30/2017 4:51 PM (#863300 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?




Minnesota statutes, (Section 169A.03) specifically defines a “motor vehicle” as being any that is “self-propelled or propelled by electric power.” Only those vehicles that are moved solely by human power are excluded. This broad definition has been applied to scooters, motorcycles, off-road vehicles and even lawnmowers.

although electric wheel chairs are exempt.

Edited by mnmusky 5/30/2017 4:53 PM
Baby Mallard
Posted 5/30/2017 5:14 PM (#863303 - in reply to #863300)
Subject: Re: DUI in boat without big motor running?





Like was already mentioned, if you have the key in the ignition they could claim intent to drive even if motor is not running.

Edited by Baby Mallard 5/30/2017 6:21 PM
colinj8899
Posted 5/31/2017 8:16 AM (#863347 - in reply to #863255)
Subject: Re: DUI in boat without big motor running?





Posts: 162


tbaatz - 5/30/2017 10:19 AM

If you want/need to drink stay home - If you want to fish then fish - It really isn't that complicated - Alcohol impairs your judgment - When someone endangers themselves and more importantly others unnecessarily they deserve to suffer the consequences - If you can't do one without the other you have an issue that needs to be dealt with - The laws are there to protect society at large from those who disregard the simple responsibility to not make their problem yours - Why we allow that type of behavior to persist is the real mystery here - - - -


Oh here we go. The one man who thinks he can dictate how everybody else should live there life. Hey bud, I will be out this weekend and I will have a couple beers with me. Maybe you should stay home
BMuskyX
Posted 5/31/2017 7:53 PM (#863422 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?




Posts: 271


If the intent was to stay under the legal threshold there would be no question to ask...in my 45 years only people who exceed the limits worry about getting a dui. Just saying

Jaimy
wisskie
Posted 5/31/2017 7:54 PM (#863423 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?


I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.
Cfollow
Posted 5/31/2017 8:13 PM (#863425 - in reply to #863423)
Subject: Re: DUI in boat without big motor running?


wisskie - 5/31/2017 7:54 PM

I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.


A wise man once said, "you shouldn't trust a man who can't trust himself with a drink!"
short STRIKE
Posted 5/31/2017 9:00 PM (#863433 - in reply to #863423)
Subject: Re: DUI in boat without big motor running?





Posts: 470


Location: Blaine, MN
wisskie - 5/31/2017 7:54 PM

I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.


That's the great thing about the U.S. Government, you have the ability to author a bill....Run for election on an anti alcohol platform... See how far that gets ya.
muskyhunter47
Posted 6/1/2017 5:00 AM (#863446 - in reply to #863423)
Subject: Re: DUI in boat without big motor running?




Posts: 1638


Location: Minnesota
wisskie - 5/31/2017 7:54 PM

I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.



Why one any one bring poison in there boat .It might accidentally get in my beer and that would be a bad thing.

Edited by muskyhunter47 6/1/2017 5:02 AM
Ranger
Posted 6/1/2017 7:01 PM (#863569 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 3765


Everybody just relax, man. In the end it will be the officer's judgment on how to deal with each situation. Be aware of the law and don't be a dick about anything and you'll be ok.

Musky Brian
Posted 6/4/2017 10:58 PM (#863934 - in reply to #863423)
Subject: Re: DUI in boat without big motor running?





Posts: 1767


Location: Lake Country, Wisconsin
wisskie - 5/31/2017 7:54 PM

I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.


Interesting.

Wasn't aware limited quantities of alcohol make one "a drunk"
Nick59
Posted 6/13/2017 10:58 AM (#864975 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 548


Location: MN
I'm still looking for the "drinking" emoji to post.
jaultman
Posted 6/13/2017 11:20 AM (#864979 - in reply to #863446)
Subject: Re: DUI in boat without big motor running?




Posts: 1828


muskyhunter47 - 6/1/2017 5:00 AM

wisskie - 5/31/2017 7:54 PM

I wish the us would adopt the same laws as canada and not allow poison in boats period. If you want to be a drunk do it at home.



Why one any one bring poison in there boat .It might accidentally get in my beer and that would be a bad thing.

That was pretty good!
Nershi
Posted 6/13/2017 12:40 PM (#864987 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?




Location: MN
Drinking and trolling go hand in hand. Why do you think they had the no motor trolling laws in wi for so long?

If you see my sail boat trolling the open water bite on tonka this weekend swing over for a beer.
hooked
Posted 6/13/2017 5:10 PM (#865024 - in reply to #862728)
Subject: Re: DUI in boat without big motor running?





Posts: 383


Back when I was a teenager and took the MN boater's course, they jokingly told us the field test for sobriety in a boat is to walk the gunwale. If you fall in, you're over the limit! Here's hoping you don't have one of those Tuffys with the narrow gunwales!

Edited by hooked 6/13/2017 5:16 PM
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