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Old     (liquidlite)      Join Date: Sep 2007       08-31-2009, 7:00 AM Reply   
since i'm out for 8 weeks having torn the ligaments in my ankle, i decided to have some friends out on saturday to the lake. after they took a few sets, we decided it was too cold to stay in the water. so we got out the cooler and parked in the middle of the lake. i literally was on my 3rd beer before we decided to head in for dinner. in no hurry, i decide to start idling back to the dock. 100yds from my lift, conservation pulls up and begins administering field tests, which i pass with flying colors. the final test was the breathalizer, so i refused. he took me into custody, and brought me to the local police station where they gave me no option but to blow. I ended up blowing a .08, spent the night in jail, and was given an Operating While Intoxicated, a class C misdameanor. On the way to jail, the conservation officer tells me that he stopped me because i was 1 of 2 boats out that day.

I have court today. My question to you all is, do you have any advice? This is my first time in trouble with the law. What really sucks is that my crew is usually the acting police on the lake since they are never around. I've spoken to a lawyer, so we do have a gameplan. Does anyone else have any advice?
Old     (liquidlite)      Join Date: Sep 2007       08-31-2009, 7:05 AM Reply   
let me emphasize that it was .08 on the dot
Old     (vinnyp)      Join Date: Jul 2002       08-31-2009, 7:28 AM Reply   
.08 is .08 where I'm from. sucks... but just pay the fine and chalk it up to a lesson learned.
Old     (jeff_mn)      Join Date: Jul 2009       08-31-2009, 7:31 AM Reply   
Sorry to hear man. .08 after 3 beers? Scary.

Good look - hopefully they are lenient on you since you have no record. .08 is .08 so you were at the limit. I personally would admit guilt and ask for a reduced sentence. I wouldn't try to get out of all of it as you look like you're ducking but asking for a reduced charge isn't unreasonable.

Hard lesson to learn. We all do it so you're not alone.
Old     (canucked)      Join Date: Jun 2007       08-31-2009, 7:41 AM Reply   
I would suggest not drinking and driving
Old     (fly135)      Join Date: Jun 2004       08-31-2009, 7:43 AM Reply   
...and brought me to the local police station where they gave me no option but to blow.

What did they tell you to make you believe you had no other option? Get a lawyer, this might be your out.
Old     (liquidlite)      Join Date: Sep 2007       08-31-2009, 7:43 AM Reply   
3 beers indeed. i've been on my back for 3 wks straight now, dropped close to 15lbs, and apparently lost my tolerance to consume 3 beers. my concern is that i lose my boating priveleges in indiana for a full yr, and then illinois suspends my driver's license for the same amt.
Old     (otown_dave)      Join Date: Dec 2007       08-31-2009, 7:54 AM Reply   
A Lawyer can make it go away. Sounds like he was profiling for boats that day.( And we all know that's illegal) .The only thing that sucks is the arrest on your record.
Old     (ftd)      Join Date: Apr 2004       08-31-2009, 7:55 AM Reply   
Has nothing to do with your tolerance. Your weight is a factor. Formula for males:

alc level = # drinks/ weight (lbs) X 0.33

drink = 12 oz beer

ex. 150 lb male drinking 3 beers

level = 3/50 = 0.06
Old     (cadunkle)      Join Date: Jul 2009 Location: NJ       08-31-2009, 7:56 AM Reply   
Good luck, the socislist state I live in slammed me for thousands of $$$ and were extremely bitter, rude and disrespectful towards me when they couldn't nail me for a DUI. 3 beers over the course of several hours with dinner with a .03 BAC. Judge, prosecutor and officers were all livid when they couldn't get a DUI conviction.

Heck I almost wish I was over .08 so I would have lsot my drivers license and thus my job then not paid the state a cent, served my jail time and got out on unemployment/welfare to collect from them. Shame I'm too much on an honest person to do that sort of thing.

That was driving on the road. I rarely ever have booze on my boat and if I do I may have one at most. Also don't let anyone else get stupid, on teh water is not the place to babysit. Last thing I want is to nail someone with my prop and I certainly don't want to be less than 100% at the ramp or trailering home. Ramp is hard enough as it is with all the clowns on jet skis and occasional trashed person attempting to pull their boat out. I'll crack a cold one after the boat is safely in the driveway.

Best suggestion I can make is to try to work whatever deal you can that allows you to keep your drivers license (and thus your job), pay the fines, and save the beer for later or always have someone stay straight on the boat to drive. The state will do wahtever they want and have their way with you. They are judge jury and executioner... If you work for a living they see $$$, if you don't they let you off easy since they can't collect from you.
Old     (behindtheboat)      Join Date: Aug 2006       08-31-2009, 8:31 AM Reply   
If it happened in Indiana, and it was DNR, they can profile all they want. They can do courtesy stops just to make sure you have all the required gear, and move on from there if they want. Were all your passengers seated the entire time you were idling? That's a big one around here, and basically begs them to stop you, and they associate that with drinking.
Old     (liquidlite)      Join Date: Sep 2007       08-31-2009, 9:00 AM Reply   
Everyone was seated...it's going to sound cliche but we weren't doing anything wrong...I'm a Nazi while on the water about my boat and safety...can he breathelize me without probable cause?
Old     (absoluteboarder)      Join Date: Aug 2002       08-31-2009, 9:12 AM Reply   
its illegal in canada to have booze on a boat (unless anchored and with toilet facilites).....so you guys are saying its legal down there!?

it will soon be illegal then...enjoy while it lasts.

bottom line....shouldn't drink and drive.
Old     (vtecths)      Join Date: May 2009       08-31-2009, 9:28 AM Reply   
Let me preface this with... This may not apply to other states. I am not an expert.

Not sure what state your located in but here is how it works in AZ.

Reasonable suspicion is necessary for the actual stop of a vehicle (i.e.~ weaving, speeding, believe there is an equip violation, etc... you get the point.)

The driver either admits to drinking, is SUSPECTED of drinking, or is obiviously drunk, it is then that they are asked to conduct field sobriety tests.

Field sobriety tests can be refused. A portable breath test device (looks like a handheld box) is not admissible in court due to no standard calibration, it is just a tool to help an officer.

If the officer still believes that you are under the influence, meaning alcohol or drugs has affected your ability to operate a motor vehicle, then you are now arrested.

Once arrested depending on state law you can still refuse a breath/blood test. In AZ if you refuse a blood draw (thats what they do here) then a officer has the option to write a search warrant, fax it to a judge, and then the judge will issue the warrant which states that blood will be taken, by force if necessary (strapping someone down to a chair). A refusal in AZ constitues a 1yr suspension of a drivers license.

At a .08 on a Intoxilyzer 5000 machine which was the standard is pretty close to the legal limit. I am not saying you wont be charged with a DUI at .08 but with a lawyer and the fact you say you passed field sobriety tests with flying colors it sounds like you have a good case. I was not there but it sounds like alcohol did not affect your ability to operate your vehicle.
Old     (grant_west)      Join Date: Jun 2005       08-31-2009, 9:59 AM Reply   
There has been some Heated thread's on this topic. Do a search you might be able to pick up some info you might not have knew before.
Old     (roomservice)      Join Date: Dec 2006       08-31-2009, 10:14 AM Reply   
You should have gone with "bees!!! bees everywhere, save yourselves!!!!"

but too late for that now.
Old     (behindtheboat)      Join Date: Aug 2006       08-31-2009, 10:18 AM Reply   
tom, I feel ya, and would agree you do not deserve any of what happened.

The bad side is, yes, the way I understand it, in Indiana DNR can pull you over for no reason, and question whatever they may like. I do not know about the breathalyzer, however I would not be surprised if rules were made to where they can make it mandatory. The way I have understood it also, you don't even have to have 0.08bac for DNR to take you in, they can just say your are influenced and a danger. They have a lot of power.
Old    shooter_08            08-31-2009, 10:33 AM Reply   
Like vtecths said, vehicle stops require reasonable suspicion, but I believe boats are subject to safety checks (CGA vest, whistle, etc).

Your blood in a DUI is considered evidence. If you deny blood you are withholding evidence that is time sensitive. Blood draws can be force but normally this is only done when someone is injured (felony). In California, your drivers license is suspended for a year if you refuse blood, breath or urine after being arrested for DUI in an automobile. I don’t know how this world work considering it’s in a boat DUI.

Only “loop hole” I see is "raising BAC". Say you pounded those three beers and were stopped immediately after. It would take time for the beer to enter your system; therefore you were not intoxicated while driving. Slim chance this will work though because the law has this down to a science and since you refused breath in the field, a judge or jury may laugh at that defense.

You were .08 and DUI. Fist one is just some fines. Take it like a man and consider it an expensive lesson learned.
Old     (mbsteez)      Join Date: May 2005       08-31-2009, 10:38 AM Reply   
Ryan, it sounds like you're talking about a vehicle on the road, not boat. Here in Manitoba, I am pretty sure if you refuse a breathalyzer, they automatically arrest you and charge you with a DUI, but that's in a car. My dad doesn't allow any alcohol in his boats anytime no matter what. Seems like an easy way to avoid trouble...
Old     (aroed)      Join Date: Jan 2009       08-31-2009, 10:40 AM Reply   
that sucks man not a problem down here in texas, i dont know many people down here that dont have beer in the boat.
Old     (wake1823)      Join Date: Dec 2005       08-31-2009, 10:43 AM Reply   
^^^^^Do not take a conviction! pay what you have to to get out of it. I'm not sure of IL DUI/BUI laws but now a days DUI/BUI laws are very tough and geting stricter. Are you sure it's only a class C misdomeanor...it's usulally worse...class B or worse and the fines are atrocious ( not consistent with other class b offenses). typically no probably cause is needed on water....they can stop for any reason to perform safety check. It's a serious offense...get another (any alcohol realted offense) and you'll do jail time ( usually 30 days)
Old     (radikal)      Join Date: Feb 2004       08-31-2009, 10:43 AM Reply   
Michael....

i dont know where you live in canada but here in Quebec, you can have as many alcool beverage as you want on board, you crew can be waist and threw up over board, the only concern is :

The driver cant be over 0.08 and its 600$ CAN BE a 600$ fine on the first interception, and you CAN also have your driver license suspended for 3 to 6 months.

This is applicable in the Quebec province by the provincial authorities.
Old    shooter_08            08-31-2009, 11:12 AM Reply   
"Do not take a conviction!" Easier said then done Sam, I would assume this is not the first DUI this conservation officer has done. Tom, you can pay a high priced lawyer and hopefully get it pled down to a "wet reckless" or you just pay the fines. The lawyer will be expensive, you will still pay fines and it will still be on your record (as a lesser offense).

"Commit another alcohol related offense and you will do jail time" No sh*t, that’s the way it should be. Just don’t do it again and you have nothing to worry about.

No one wants to be convicted of the crimes they commit. Everyone makes bad decisions from time to time and the legal system understands (that’s why you aren’t going to jail). Although you sound like a good guy and this is a minor offense, people die because of DUI. Good luck

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