Illegal to drink and pedal bike but not a kayak

[SuperDuty]

So this past week I had a conversation with a state conservation officer on the legality of using a peddle kayak while drinking. In my state you can get a DUI for riding a bicycle while under the influence so I figured the same would apply to a peddle kayak. However, the CO said that wasn’t the case because even with peddling, you’re still under your own power. He said if I were to strap a trolling motor to it, it would then become illegal to have a beer or two while fishing. 
 

doesn't seem exactly fair the you can go to jail drinking and peddling a bike and not a kayak. 

[J Francho]

Thinning of the herd never seems fair.

[MN Fisher]

Each state it seems has different laws.

Minnesota:

Open bottle law doesn't apply to boats - so even the 'driver' can have a beer in hand while operating the boat.

"The BWI law does not prohibit drinking alcoholic beverages aboard boats nor having an open bottle."

 

BUT Boating While Impaired has the same penalties as DWI - including up to the loss of the boat itself.

"Penalties will increase with any of the aggravating factors or a refusal, and can include the following:
• A higher fine.

• Mandatory jail time.

• Loss of motor vehicle driver’s license.

• Loss of motor vehicle plates.

• Forfeiture of the motorboat and trailer being operated at the time of arrest."

 

and Manual powered boats are excluded.

"The BWI law applies to operators of motorboats that are not anchored, beached, moored, docked or being

rowed or propelled by nonmechanical means at the time of the offense."

 

All quoted items from https://files.dnr.state.mn.us/rlp/regulations/boatwater/boatingguide.pdf

[GReb]

You can drink and drive any outboard under 25 horsepower in MS

[J Francho]

In NY, a boat is a motor vehicle, and the DWI laws apply to operating a motor boat the same as operating a car.  You're more likely to be pulled over driving a car in a lake, or a boat on the highway.  Just saying.

[gim]

1 hour ago, J Francho said:

You're more likely to be pulled over driving a car in a lake, or a boat on the highway.

Lake Minnetonka, a popular west Twin Cities metro recreational lake during the summer, actually has a dedicated County Water Patrol station on the lake and I see them regularly when I am out there.  They are mostly looking for drunk boaters, wake zone breakers, and other violations like PFD, registration, fire extinguishers.  They don't bat an eyelash when they see a bass boat cruise by.

 

Years ago, my Father and I got stopped by them in mid May because he thought we were making too big of a wake in the minimum wake zone.  They didn't hand out a citation but said the wake needs to be smaller (my Father was driving the tiller outboard, so blame him).  They also checked our PFDs and boat registration.  They had no interest in our angling licenses or what was on our stringer.

[J Francho]

We have DEC, Sheriff, USCG, and ICE patrolling our waters.  The Sheriffs actually set up speed traps in speed restricted areas.  Ask me how I know. 

[A-Jay]

Enforcing Boating While Impaired Laws was one of the more satisfying aspects of my job. 

Wish we had the video capability then that we have now.

#peoplearecrazy

A-Jay 

 

[MN Fisher]

1 hour ago, gimruis said:

Lake Minnetonka, a popular west Twin Cities metro recreational lake during the summer, actually has a dedicated County Water Patrol station on the lake and I see them regularly when I am out there.

Not only that - they have DNR enforcement officers also patrolling the water, and DNR officers at most if not all landings as well during peak times.

 

Living on Phelps Island on Minnetonka, and 'Tonka being my main fishing lake, I'm well aware of what they got going on.

 

Oh - if you come up here...don't think you'll be able to 'open up' that 150hp powered boat. Speed limit on the lake is 40mph...and yes, they will give you a ticket if you're caught speeding.

[SuperDuty]

The state conservation officers patrol my lake very heavily. We have a major university minutes away so the college students can get pretty silly out there. I absolutely don’t think intoxicated boating is a very intelligent thing to do. I was just surprised that you can be charged with a dui for peddling a bike but not a kayak.

[TnRiver46]

Our laws are similar, you can't get a BUI without a motor but you can still get a PI. You can drink beer and drive a motor boat, but they will check you. I know a guy that got arrested driving a pontoon boat at .03, charges were dropped. They err on the side of caution

[J Francho]

The only difference is the open container laws are not the same for boats.

[Fishing Rhino]

In Massachusetts, alcohol is prohibited at boat ramps operated by the state.  And, there is also a 45 mph speed limit on all the state waters.  

[Bluebasser86]

Drinking and kayaking seems like a solid way to end up on the 9PM news in one way or another.

[Angry John]

When on a bike traffic rules apply.  The pro bike nerds have spent a lot of time working for these rights.  Now let's examine the risk.  A bicycle going down hill can easily reach 30 mph or more with the potential to kill the rider and very seriously injure a pedestrian.  If you can paddle a yak fast enough to seriously injure someone I would be very surprised.

[clayton86]

On 3/11/2020 at 3:38 PM, J Francho said:

We have DEC, Sheriff, USCG, and ICE patrolling our waters.  The Sheriffs actually set up speed traps in speed restricted areas.  Ask me how I know. 

I remember that Father’s Day tournament we did years and years ago in your bullet on Keuka lake and you throttled down at the Y of the lake and said they sit there running radar on boats and sure enough they were sitting there but we were A LOT slower going by then we were a few minutes ago lol.