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Posts: 921
| 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
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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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Posts: 770
| That is correct^ and well put i might add! |
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Posts: 3869
| 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.
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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 - - - - |
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Posts: 921
| 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.
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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! |
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| 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), |
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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
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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... |
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| 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
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| 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
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Posts: 164
| 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 |
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Posts: 275
| 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 |
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| 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. |
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| 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!" |
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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. |
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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
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Posts: 3869
| 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.
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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" |
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Posts: 548
Location: MN | I'm still looking for the "drinking" emoji to post.  |
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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! |
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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. |
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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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