The Lake St.Clair Network: Should Michigan Decriminalize Drunk Boating? - The Lake St.Clair Network

Jump to content

  • 5 Pages +
  • 1
  • 2
  • 3
  • Last »
  • You cannot start a new topic
  • You cannot reply to this topic

Should Michigan Decriminalize Drunk Boating? and Reckless Operation?

Poll: Should Michigan Decriminalize Drunk Boating? (114 member(s) have cast votes)

Should Michigan Decriminalize Drunk Boating and Reckless Operation?

  1. Yes (33 votes [28.95%] - View)

    Percentage of vote: 28.95%

  2. No (81 votes [71.05%] - View)

    Percentage of vote: 71.05%

Vote Guests cannot vote

#1 User is offline   MCSO Marine Division 

  • Testing the waters
  • Pip
  • Group: Members
  • Posts: 77
  • Joined: 14-February 12
  • Home Port: Clinton River
  • Boat Type:Patrol Fleet
  • Boat Name: PB

Posted 08 March 2013 - 08:35 AM

The Michigan House of Representatives has introduced a bill that would decriminalize drunk boating.
House Bill 4095 would make it a civil infraction and not a misdemeanor to operate a vessel while under the influence of intoxicating liquor , a controlled substance, or both. It would do the same for reckless operation of a vessel.
Currently, upon conviction for either offense, a person could face a maximum of 90 days in jail or a fine of not more than $100.00, or both. The new legislation would eliminate any risk of jail and would increase the maximum fine to $150.00. The current law and the new bill also allows the court to revoke the right to operate a vessel for up to 2 years and to order the person to complete a boating safety course.
Good idea or bad?

Link to HB 4095: http://www.legislatu...13-hIB-4095.pdf

This post has been edited by MCSO Marine Division: 08 March 2013 - 08:37 AM

Determined to keep your trust. Working to keep you safe.


Facebook: http://www.facebook....fMarineDivision
Sheriff's Office website:
www.macombsheriff.com
Marine Safety Officers' website: www.mcsomsd.org
0

#2 User is offline   cdoebler 

  • LSCN Pirate
  • PipPipPip
  • Group: Members
  • Posts: 335
  • Joined: 27-July 11
  • Gender:Male
  • Location:Macomb
  • Home Port: Markley
  • Boat Type:1997 Sea Ray Sundancer 330
  • Boat Name: Sun-Daze

Posted 08 March 2013 - 08:49 AM

Pretty much the dumbest idea I've heard. How can this be serious? I really want to take my kids out on the water knowing it's basically legal to drink and drive? As if it's not bad enough out there with it being illegal!
0

#3 User is online   Float On 

  • Calls LSCN Home
  • PipPipPipPipPipPipPipPip
  • Group: Members
  • Posts: 10,961
  • Joined: 03-April 04
  • Gender:Male
  • Location:Hideaway
  • Boat Type:1989 28' Monterey

Posted 08 March 2013 - 08:58 AM

Thats going to go over like a fart in Church!!!!



I do think OUIL laws need to be revised though. It should be based on actions more than just BAC level alone.

For example: If you get pulled over for a license plate bulb out but are driving fine and blow a .08, you should have to pay at least a big fine, but 90 days in jail and restricted or revoked license (it happens)?? A bit much. Now if you are swerving and endangering others, yes the penalty should be higher. If you cause an accident - jail time, loss of priveledge. A death - a lot of jail time.

Same with boating. If I am observed driving safely but I am pulled over for a safety check and I blow a .10, I should get a substantial fine, not be able to drive it that day (or longer). But if I cause an accident on the water or am driving recklessly it should be a huge fine.

Now I am not saying operating at .08 (car) or .10 (boat) should be ok, but the pontential penalties are a bit much if no other ensinuating circumstances exist.
Militant Agnostic. I don't know and you don't either
Anything is possible if you don't know what you are talking about.
0

#4 User is offline   Cargeena 2 

  • LSCN Pirate
  • PipPipPip
  • View gallery
  • Group: Members
  • Posts: 502
  • Joined: 03-August 11
  • Gender:Male
  • Location:Marine City, Michigan
  • Home Port: Selfridge DNR Boat Launch
  • Boat Type:Sea Nymph 14' Aluminum
  • Boat Name: Cargeena 2

Posted 08 March 2013 - 10:16 AM

Have to agree with Float On, the fines & incarceration should be more detailed as far as BAC level, incident (if any), past record of similar offenses, etc.
In my opinion, the fines need to be higher to help discourage DUI & reckless operation on the water.
If the boater causes an accident involving another boat or injures any person on the water it should be raised to a felony.
I've always stated that the use of tethers to monitor those convicted of any type of DUI/DWI on the water or the roads would greatly decrease the number of drunk driving accidents.
A device should be installed in their vehicles once convicted of DUI/DWI that requires a BAC blow test from the person with a fingerprint pad as proof that they can safely operate their vehicle.

"Put me on a boat with a fishing pole on a nice lake & I'm in paradise!"

Posted Image



0

#5 User is offline   Away Point 

  • LSCN Legend
  • PipPipPipPipPipPipPipPipPip
  • View gallery
  • Group: Members
  • Posts: 22,149
  • Joined: 20-March 07
  • Gender:Male
  • Location:Livonia

Posted 08 March 2013 - 11:19 AM

The existing law must be pretty old, since there is a huge discrepancy in the sting of 90 days in jail, and a hundred bucks!

In terms of end result, would there likely be much change? Have most charged actually been prosecuted as a misdemeanor?
There are 2 seasons; Boating season, and Waiting for boating season.
Posted Image
0

#6 User is offline   MCSO Marine Division 

  • Testing the waters
  • Pip
  • Group: Members
  • Posts: 77
  • Joined: 14-February 12
  • Home Port: Clinton River
  • Boat Type:Patrol Fleet
  • Boat Name: PB

Posted 08 March 2013 - 11:55 AM

View PostAway Point, on 08 March 2013 - 11:19 AM, said:

The existing law must be pretty old, since there is a huge discrepancy in the sting of 90 days in jail, and a hundred bucks!

In terms of end result, would there likely be much change? Have most charged actually been prosecuted as a misdemeanor?


Generally (of course each case can be different), they are prosecuted and a plea deal is usually reached that results in the conviction of a misdemeanor. For the typical boater with no previous criminal history and no aggravating circumstances like being involved in a crash, they are sentenced to fines and fees. They probably will be sentenced to some sort of probation as well. All told the end result is the creation of a criminal record (no one really wants one of those) and a cost of about $500. Add to that attorney fees and impound fees for your boat and you're into for another $1000 or so. Rarely does anyone get sentenced to jail but that doesn't include spending the night in the county jail until you're sober.
Drunk boaters that hurt or kill someone are charged with a felony and this House Bill doesn't apply.
If passed, the new law would eliminate the night in the drunk tank, there would be no probation (though they could still be sent for an alcohol course that they have to pay for) and no criminal record would be created. No attorney would be necessary but we'd probably still impound the boat.
Determined to keep your trust. Working to keep you safe.


Facebook: http://www.facebook....fMarineDivision
Sheriff's Office website:
www.macombsheriff.com
Marine Safety Officers' website: www.mcsomsd.org
0

#7 User is offline   Stodge 

  • Calls LSCN Home
  • PipPipPipPipPipPipPipPip
  • Group: Moderators
  • Posts: 13,763
  • Joined: 30-August 06
  • Gender:Male
  • Location:Sterling Heights, MI
  • Home Port: MacRay Harbor
  • Boat Type:Rinker FV 342 : Brig F360LH
  • Boat Name: Tig's Toy Four Now : TT 2.5

Posted 08 March 2013 - 12:02 PM

Bad Idea :angry:
The way to a boat's heart is through her gas tank - Stodge

Pronunciation: 'stäj noun: something or someone stodgy.

Commodore SHC
USCGAUX Vessel Examiner
0

#8 User is offline   two dawgs 

  • LSCN Pirate
  • PipPipPip
  • Group: Members
  • Posts: 117
  • Joined: 03-June 10
  • Gender:Female

Posted 08 March 2013 - 12:10 PM

+1 on the bad idea
Amo il lago
0

#9 User is offline   270 laser 

  • LSCN Fan
  • PipPipPipPip
  • Group: Members
  • Posts: 1,012
  • Joined: 22-October 02
  • Gender:Male
  • Location:Troy Monday-Thursday Harsen's Friday-Sunday
  • Home Port: The Flat's Harsen's Island
  • Boat Type:2001 175 Aquasport Osprey CC
  • Boat Name: Island Hopper

Posted 08 March 2013 - 12:51 PM

While on this discussion can you settle a bet foe me? Can a boater in Michigan operate a boat while drinking alcohol (not over the limit) and does it matter from an inland lake to the great lakes/ Lake st. Clair?
0

#10 User is offline   MCSO Marine Division 

  • Testing the waters
  • Pip
  • Group: Members
  • Posts: 77
  • Joined: 14-February 12
  • Home Port: Clinton River
  • Boat Type:Patrol Fleet
  • Boat Name: PB

Posted 08 March 2013 - 01:17 PM

View Post270 laser, on 08 March 2013 - 12:51 PM, said:

While on this discussion can you settle a bet foe me? Can a boater in Michigan operate a boat while drinking alcohol (not over the limit) and does it matter from an inland lake to the great lakes/ Lake st. Clair?


There is no Michigan law against drinking while operating a boat (i.e. open container), granted if it impairs your ability to operate you may be arrested.
Determined to keep your trust. Working to keep you safe.


Facebook: http://www.facebook....fMarineDivision
Sheriff's Office website:
www.macombsheriff.com
Marine Safety Officers' website: www.mcsomsd.org
0

#11 User is offline   cdoebler 

  • LSCN Pirate
  • PipPipPip
  • Group: Members
  • Posts: 335
  • Joined: 27-July 11
  • Gender:Male
  • Location:Macomb
  • Home Port: Markley
  • Boat Type:1997 Sea Ray Sundancer 330
  • Boat Name: Sun-Daze

Posted 08 March 2013 - 01:24 PM

View Post270 laser, on 08 March 2013 - 12:51 PM, said:

While on this discussion can you settle a bet foe me? Can a boater in Michigan operate a boat while drinking alcohol (not over the limit) and does it matter from an inland lake to the great lakes/ Lake st. Clair?


And the most important part...depending on your size, 2 or 3 beers can easily get you to 0.08 in a short period of time. It's amazing how quick you can actually hit that number. And my guess is that if you are pulled over and you are drinking at the time, not illegal, but they might not be as easy on you if you are right at that limit.
0

#12 User is offline   NewCarMark 

  • LSCN Pirate
  • PipPipPip
  • View gallery
  • Group: Members
  • Posts: 154
  • Joined: 14-May 12
  • Gender:Male
  • Home Port: Warren/Sassy Marina
  • Boat Type:Four Winns 240 Horizon

Posted 08 March 2013 - 02:24 PM

I'll also say bad idea.

Without the instance being added to your record, it just opens another opportunity for the same result later, where "Johhny 2 and 3 timer" is now just being charged with a first offense. Too many chances for doing something dumb. I think we see enough of that on a regular basis in car wrecks where the driver has had multiple offenses and still hurts/kills somebody.

This post has been edited by NewCarMark: 08 March 2013 - 02:25 PM

"....cuz he's thirsty, dummy!"
0

#13 User is offline   Away Point 

  • LSCN Legend
  • PipPipPipPipPipPipPipPipPip
  • View gallery
  • Group: Members
  • Posts: 22,149
  • Joined: 20-March 07
  • Gender:Male
  • Location:Livonia

Posted 08 March 2013 - 02:51 PM

View PostMCSO Marine Division, on 08 March 2013 - 11:55 AM, said:

View PostAway Point, on 08 March 2013 - 11:19 AM, said:

The existing law must be pretty old, since there is a huge discrepancy in the sting of 90 days in jail, and a hundred bucks!

In terms of end result, would there likely be much change? Have most charged actually been prosecuted as a misdemeanor?


Generally (of course each case can be different), they are prosecuted and a plea deal is usually reached that results in the conviction of a misdemeanor. For the typical boater with no previous criminal history and no aggravating circumstances like being involved in a crash, they are sentenced to fines and fees. They probably will be sentenced to some sort of probation as well. All told the end result is the creation of a criminal record (no one really wants one of those) and a cost of about $500. Add to that attorney fees and impound fees for your boat and you're into for another $1000 or so. Rarely does anyone get sentenced to jail but that doesn't include spending the night in the county jail until you're sober.
Drunk boaters that hurt or kill someone are charged with a felony and this House Bill doesn't apply.
If passed, the new law would eliminate the night in the drunk tank, there would be no probation (though they could still be sent for an alcohol course that they have to pay for) and no criminal record would be created. No attorney would be necessary but we'd probably still impound the boat.

Well, that just underscores the change sounds like a bad idea.

Thanks!
There are 2 seasons; Boating season, and Waiting for boating season.
Posted Image
0

#14 User is offline   Cargeena 2 

  • LSCN Pirate
  • PipPipPip
  • View gallery
  • Group: Members
  • Posts: 502
  • Joined: 03-August 11
  • Gender:Male
  • Location:Marine City, Michigan
  • Home Port: Selfridge DNR Boat Launch
  • Boat Type:Sea Nymph 14' Aluminum
  • Boat Name: Cargeena 2

Posted 08 March 2013 - 03:48 PM

View PostNewCarMark, on 08 March 2013 - 02:24 PM, said:

I'll also say bad idea.

Without the instance being added to your record, it just opens another opportunity for the same result later, where "Johhny 2 and 3 timer" is now just being charged with a first offense. Too many chances for doing something dumb. I think we see enough of that on a regular basis in car wrecks where the driver has had multiple offenses and still hurts/kills somebody.


:like:
"Put me on a boat with a fishing pole on a nice lake & I'm in paradise!"

Posted Image



0

#15 User is offline   InFurry8 

  • LSCN Pirate
  • PipPipPip
  • Group: Members
  • Posts: 124
  • Joined: 12-January 12

Posted 08 March 2013 - 07:37 PM

+ Infinity. BAD IDEA! If anything, they should make them tougher. At least on par with automobile laws.
0

Share this topic:


  • 5 Pages +
  • 1
  • 2
  • 3
  • Last »
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users


The Lake St. Clair Network is a local social network for Lake St.Clair and surrounding waterways such as Detroit River, Clinton River, Lake Erie, Lake Huron and Lake Michigan.
We are the #1 source for Lake St.Clair Fishing Reports, Ice Fishing, Lake St. Clair News, Lake St.Clair Boating, Michigan Fishing and Michigan Hunting.