Lake alcohol legal in your state

Curious if every state except the one I happen to live in currently allows alcohol(beer) on the boat. I'm from NY and no problem as long as your not trashed. I move to NC and at least the lake we boat on, if you're caught with beer on the boat, even if the passengers are just drinking, they have the right to confiscate your boat and tow vehicle. Not impound it, take it for good and you lose. Is this a southern thing?

I think in SC its ok as long as you are repsonsible and not trashed. I have seen people getting safety checked out here while having a beer in hand. they do alot of checks out here mostly for safety stuff like proper signal devices, enough life jackets, not overloaded, etc.

TN allows alcohol but I don't think the boat driver is supposed to be seen holding beer and driving.

That may be in that particular lake. I live in Eastern NC. I ride in the rivers here. The law is the same as most places I think. Even the driver can be drinking as long as he's not trashed. Usually they don't check you here, but if they do, you can't blow over .08. Most of the time it's at the officers discretion. They are cool as long as you aren't acting careless or reckless.

Californian doe not allow it on State or county lakes,
Private lakes maybe?

California does allow it, as long as the driver doesn't have one. That's the way it's been, unless it's changed.

A fine would be acceptable, but taking a persons boat and tow vehicle seems a little illegal. I haven't personally researched this but a friend of mine was launching and witnessed this. He talked to the man pleading with the authorities and he was told he should have known. He lost the boat and vehicle, forever. Sounds like a fish story to me. If it wouldn't have come from this guy, I wouldn't have believed it. It was enough to scare the h*ll out of me. Can't afford to be paying on 2 notes pushing 100K with nothing to show for it except a lesson learned from the strong arm of Boss Hogg.

heh they can take your boat if your caught fishing without a license, so yes these laws are unfair and total B.S. I guess it all depends on who's pulling you over as well.

I believe when California changed it's laws recently it regarded whether the driver could actually be drinking or not. I know it's OK to have alchohol in the boat.

In California these rules apply to land and water

If you are convicted of driving with alcohol or drugs in your body, the judge may sentence you to 48 hours to six months in jail. You will have to pay from $390 to $1,000 in fines (penalty assessment extra), the first time you are convicted. In addition, you will lose your license for six months, or DMV will restrict your driving privilege. You will also be required to complete a licensed DUI program, file a certificate of insurance (SR 22), and pay restriction and reissue fees. If the vehicle is registered in your name, the court may take your vehicle away for up to six months. You will have to pay for storage fees.

Starting September 20, 2005, you may apply for a restricted license if you enroll in a licensed DUI program, file a certificate of insurance (SR 22), and pay restriction and reissue fees.

If you are convicted of a DUI twice within seven years, the court must punish you with time in jail (up to a year), a fine up to $1,000, and will take your vehicle for up to twelve months. You will lose your license for two years. After completion of 12 months of the suspension period, you may obtain a restricted license if you enroll in a DUI program, have an ignition interlock device (IID) installed on your vehicle, file a certificate of insurance (SR 22) with DMV, and pay the restriction and reissue fees.

If you are convicted a third time within seven years, you will lose your driver license for up to three years, pay a fine up to $1000, have your vehicle impounded for up to twelve months, and spend from three months to one year in jail. After completion of 18 months of the revocation period, you may apply for a restricted driver license if you complete a DUI program, install an IID on your vehicle, file an SR 22 with DMV, and pay the restriction and reissue fees.

Completion of a DUI program is required for all DUI convictions.

In cases involving death or serious bodily injury, you may be punished under California’s “Three Strikes Law.” You could also face a civil lawsuit.

In California, the driver of the boat may have a drink in his/her hand while driving. It becomes illegal when the blood alcohol level reaches .08 for 21 years old and above, and .01 for anyone under 21 years old. I just asked a Sheriff patrolling the waters in Bethel Island two weeks ago. He did advise me that if he sees a alcoholic beverage in a drivers hand while driving, he will pull you over to make sure that you aren't spilling it. Also, blood alcohol under the limit will be taken into consideration in the event of any type of boating accident. I was always under the impression that the alcohol had to be out of the drivers reach. I lost $20 on that wager.

I wouldn't just cruise around drinking beer, but when the waters all chop, it would be nice to pull into a cove, float, jam and enjoy your beverage of choice. I believe the age in NC is 12 to jump on a out of the box 70mph PWC and haul a** with absolutely no clue. I'm not dogging the young because I have a 12 year old of my own and I was once myself. I was no different, I mean I was 12. Wasn't concerned with anything except good times. Boating and watching out for those that are young, but clueless and inexperienced and still maintaining a good pull for the rider is tough enough without being trashed. It's just on the lake that is convenient by a long shot for us, it's no alcohol in the boat at all.

There are no "open container" laws on the NC books applying to all waterways, so it must be a specific city/county/lake law, if it in fact exists at all. Lake Norman/Wylie near Charlotte have full time lake cops that do "safety checks," and will administer sobriety checks as well. They will certainly charge you with DWI or DUI, and you face the same penalties as if you were driving a car, but I've never heard of taking possession of your boat and/or vehicle. And I know from MULTIPLE experiences, that there is no law against consuming alcoholic beverages either as a passenger OR driver, as long as you are within the acceptable sobriety range.

Also, as far as confiscating your boat AND tow vehicle? Come on….What if you're not trailering? Do they take your dock?

I have a feeling that there probably was something a little more serious going on than just an open bottle of beer in the case you are referring to. I have heard of the police hauling someone off to jail right off their boat. They basically put an officer on your boat and take you to a place where you can tie up until someone sober can retrieve your boat.

I’d guess that at least 75% of the boats I come across on an average weekend have alcohol on board. Don’t get me wrong, I’m not endorsing BWI at all, and we always try to have a designated captain, but there’s no way that a state law exists that prevents alcohol on board boats.

Also, Belews Lake is owned and operated by Duke Energy, same as Lake Norman/Wylie, so I would assume they follow the same laws on these lakes, unless there is a county law in Stokes, Rockingham, or Forsyth counties.

Just call the local county cops...I'm sure they can tell you definitively one way or the other.

wakeclt. Thanks for the info. I lived in Charlotte for 5 years before moving up here. I live in Davidson County and as everyone knows when Sheriff Hege(thank god he was convicted) was in charge it was more about Harass and Intimidate than Protect and Serve. When you are subject to that kind of environment and your from the north, you kind of get the impression that it's just the good ol' boy way of justice around the area even though in a neighboring county. Getting the truth around here from the local law enforcement is questionable at best. Needless to say when I heard that story, it didn't seem to far fetched considering the area.

Hege is definitely a thorn in the side of more than a few N.Carolinians. But as a Southern Boy, I have to take up support of my fellow southerners and say that I'm sure you'll get a fair and accurate answer if you ask someone with law enforcement up there. Just try not to say "yous guys" or "eh?" when you ask!

good luck, my friend!

In California, check with the Lake as you are pulling in. We do have lakes that have no tolerance policies. I'm fairly positive that two such are Lake Perris and Lake Elsinore. Correct me if I'm wrong.

I'll give someone in that county a call. I think it might be Forsyth, if not Stokes. I'll try and remember not to use "yous guys", "eh?" or when I didn't understand to say "Sir" instead of "huh?". Thanks dude.

Randy I am not sure what lake you ride at but at Kerr, Falls and Gaston we all drink openly. From talking to the "MAN" from what I understand as long as the driver is not visisbly intoxicated there is no problem. Those guys are on the water for a job because they like it and like to see other enjoy it safely. They often stop and watch us ride. I think the law in NC says that no drinking if the boat is moving. But they do not really enforce it. Jus tmy 2 cents.

Always be smart about drinking, reguardless. I once saw a Deputy arrest the driver of a boat for DUI, AND his buddy backing the truck/trailer down the ramp.

Now THAT I could see happening anywhere. Especially seeing what happens at ramps around here!