Short Wave Sportfishing wrote:
On Sun, 08 Jul 2007 20:03:59 -0700, Chuck Gould
wrote:

I offer again my example from earlier in this thread. Joe Doaks has a
party of guests out for an afternoon cruise. Joe isn't drinking, and
in fact he's piloting the boat from the flybridge. Down below in the
salon, Mrs. Doaks is serving Margaritas to a couple guests of legal
drinking age. Is Joe Doaks a criminal? Should he be hauled into court
and made to answer for his behavior? In many states, certain boating
offenses cross reference to your vehicular driving license, so should
stone sober Joe's car insurance be cancelled or his premiums be
doubled because somebody else on his boat (well out of reach of the
skipper) had an alcoholic beverage?

How do you make the distinction between passengers and Captain? Do
the passengers have a sign on their backs that says "Passenger"?

Look, I'm not totally convinced that the situation that originated
this discussion was reasonable - there is a point where enforcing the
law requires descretion and balance - I totally agree.

However, if there is a history of abuse in a particular area and the
users and bordering neighbors complain about same, then drastic
enforcement may be required as a warning.

I'm sure the cops would much rather be out doing other things than
bsting some poor stiff who had a Bud while paddling down the river.

SWF,
There are many states where it is legal to have an open container in a
boat, as long as the driver is below the legal limit. If they come up
to the boat while it is underway, it is easy to see who is behind the
wheel, if they are at anchor, they just ask who is the driver.

I have been stopped for a safety check after having a beer, and have
never had them ask me to blow into anything, I guess I either didn't
have any smell of alcohol on my breath, or they can tell the difference
between one beer and 6.

Today, I don't bring any beer on board, but would allow a passenger to
bring some as long as they limited their consumption so they will be
below the legal limit at the end of the day. I don't want anyone to be
driving home drunk. I figure a beer an hour will keep someone below .08.