Has anyone ever heard of BUI

[RiverRatRon]

I was reading on Alabamawhitewater website about people being arrested on the river for canoeing under the influence . This was on a popular dam released river in Alabama called Bear Creek . The Alabama Marine Police And the local Sheriffs officers were in plain clothes at the common lunch stop and the class 5 mandatory portage area checking coolers for beer and giving alcohol breath test. They were writing tickets for having beer in the coolers and arresting people for BUI if they failed the breath test . That is a new one on me .

[737driver]

Note the "OR OTHER VESSEL near the end of the law.

Arkansas law states that a person is considered to be boating while intoxicated if he or she:
Has a blood, breath, or urine alcohol concentration of 0.08% or more (if under the age of 21, 0.02% is considered intoxicated) or ...
Is under the influence to such a degree that his or her reactions, motor skills, and judgment are substantially altered and endanger anyone.


Arkansas law establishes the following penalties for boating while intoxicated.
A first conviction may result in a fine of up to $1,000, jail for up to one year, or both. Also, the offender will lose the privilege of operating any motorboat for 90 days. More severe penalties exist for subsequent convictions.
In addition, the convicted person will be required to complete, at his or her own expense, an approved alcohol education or alcoholism treatment program.
More severe penalties exist if you are involved in an accident that results in death or serious injury.
By operating a motorboat or OTHER VESSEL on Arkansas waters, you have given "implied" consent to alcohol testing if an officer has reasonable cause to believe you are boating while intoxicated. Refusal carries a fine of up to $2,500 and the loss of operating privileges for up to six months.

[Canoe_Codger]

I hadn't relly given this topic much thought before since I don't usually drink alcohol while canoeing. I just went and checked the Tennessee regs on this:

It is unlawful to operate any sail or powered vessel while under the influence of intoxicants or drugs. Here are some important facts to consider.

Implied Consent

All persons operating a sail or powered vessel have given their implied consent to chemical tests to determine the alcohol or drug content of their blood. Failure to consent to testing is a separate offense and may result in suspension of vessel operating privileges for six months.

Presumption of Guilt

A vessel operator whose BAC tests show .08% or greater by weight, of alcohol shall constitute a violation of this statute and is presumed under the influence and his or her ability to operate a vessel is impaired.

Blood-Alcohol Test Required

Blood-alcohol content may be taken from all operators involved in an accident where death or serious injury occurred.

Penalties

Conviction for operating under the influence will result in fines of up to $2,500 on the first offense, $2,500 on the second offense and $5,000 for the third offense. A jail sentence of 11 months and 29 days may also be imposed for any conviction and operating privileges may be suspended from one to ten years. Additional federal penalties may also be charged.

If I am understanding correctly, here it applies only to vessels which use mechanical power including sailboats, the same as registration requirements and boater safety course requirements. Canoes would be excluded in our State law unless one were using a gas or electric motor. Enforcement is by our State wildlife officers, so I'll go further and ask the local officer who is a friend and customer. I am struck by the fact that many state laws describe the "operation of a private vessel" as a "privilige" even though no "privilige license" is required. I'm not sure how one's privilige to "operate" a non-powered canoe or kayak could be suspended by the state. That sorta tastes like suspending one's "privilige to walk".

[prophet]

heard there were LEO's out on the water Memorial Day weekend on the mulberry.

[panicman]

If thats the case and they wanted to enforce it they would need an army on the upper buff when its warmer and running to haul off all the people .08 and above.

[we66erno1]

Wonder if this could be used to cull the problems at the spring river? Pretty sure it'd knock the carnage level down a few, but it'd be worth it. Especially after what I saw two weekends ago.

[Owl]

If people would behave responsibly we wouldn't need so many laws...

[cpresoz]

Last year, the AGFC had officers waiting on a gravel bar between Rockhouse and Trigger Gap on the Kings River. They had gotten access across private farmland to be where they were least expected, I suppose. When we paddled by, it looked like they had one fellow in cuffs and another one sprawled onto the front of their truck. I assume they were getting arrested for being under the influence, since they definitely looked like they were.

[Louiscov]

On Okatoma Creek in south Mississippi there used to be arrests for public consumption. A game warden would hide in bushes along the creek. It's good to know these things. When those BUI-ers reach the takeout and become DUI-ers is my BIG CONCERN.

[Canoe_Codger]

On Okatoma Creek in south Mississippi there used to be arrests for public consumption. A game warden would hide in bushes along the creek. It's good to know these things. When those BUI-ers reach the takeout and become DUI-ers is my BIG CONCERN.

I can certainly agree with that. But personal responsibility is a learned trait, not a legislated one.

But it seems to me that doing a DUI checkpoint just up the road from the takeout would be far more effective in catching intoxicated people behind the wheel. And from what I have seen in years past, they would need a fleet of buses and a National Guard mobile prison camp if they did this with any gusto on the Spring River during holidays.

Michael

[RiverRatRon]

Since the person in the back does most of the steering ; does that mean that the person in the front doesn't have to go to jail also ? lol

[coldspring]

Spring River generates a lot of revenue for Fulton County businesses. Fulton County had one of the lousiest condition county jails I've heard of, wouldn't meet modern guidelines for an animal shelter. The county was finally able to secure some grant money and is contructing a new jail. The county currently has $10,000 in its operating fund and is essentially broke. Just what it needs, hundreds of arrests that require processing and overburdening it's court system and antiquated jail.