Alcohol on a non-motorized watercraft?

The #1 community for Gun Owners in Indiana

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • Matthews

    Plinker
    Rating - 0%
    0   0   0
    Mar 14, 2019
    65
    8
    Dyer
    My question for the day is regarding the consumption of alcohol on a kayak or paddleboat, so no gasoline or electric propulsion of any kind. Am I able to enjoy a cold one without being harassed or worse by the DNR? Most of the research ive put into this states a limit of 0.08 BAC while operating a boat or motorized watercraft. I understand that it would draw the wrong kind of attention if someone were intoxicated to the point the fishes are lookin purdy, but would I be breaking the law if I beat the heat with a beer or two on my kayak? If anything, does the DNR have a open container law on the water? If it helps I am in the northwest corner of indiana and stick to local lakes.
     

    CPT Nervous

    Grandmaster
    Rating - 100%
    17   0   0
    Mar 7, 2012
    6,378
    63
    The Southern Bend
    You can be arrested for OWI while operating a bicycle or other such non-motorized vehicle. I cannot find anything about Indiana's Boating While Intoxicated laws, and I do not generally enforce nautical law, although I do have a river in my city...

    If you can give me the Indiana Code for BWI, I can help clarify it.
     

    Matthews

    Plinker
    Rating - 0%
    0   0   0
    Mar 14, 2019
    65
    8
    Dyer
    Indiana Code 35-46-9-6. Operating a motorboat while intoxicated

    Sec. 6. (a) Except as provided in subsections (b) and (c), a person who operates a motorboat while:

    (1) having an alcohol concentration equivalent (as defined in IC 9-13-2-2.4) to at least eight-hundredths (0.08) gram of alcohol per:

    (A) one hundred (100) milliliters of the person’s blood; or

    (B) two hundred ten (210) liters of the person’s breath;

    (2) having a controlled substance listed in schedule I or II of IC 35-48-2 or its metabolite in the person’s body; or

    (3) intoxicated;

    Terms Used In Indiana Code 35-46-9-6
    intoxicated: means under the influence of:
    Indiana Code 35-46-9-2

    motorboat: means a watercraft (as defined in Indiana Code 35-46-9-3
    commits a Class C misdemeanor.

    (b) The offense is a Level 6 felony if:

    (1) the person has a previous conviction under:

    (A) IC 14-1-5 (repealed);

    (B) IC 14-15-8-8 (repealed); or

    (C) this chapter; or

    (2) the offense results in serious bodily injury to another person.

    (c) The offense is a Level 5 felony if the offense results in the death of another person.

    (d) It is a defense to a prosecution under subsection (a)(2) that the accused person consumed the controlled substance under a valid prescription or order of a practitioner (as defined in IC 35-48-1-24) who acted in the course of the practitioner’s professional practice.

    As added by P.L.40-2012, SEC.21. Amended by P.L.168-2014, SEC.87; P.L.26-2016, SEC.3; P.L.85-2017, SEC.118.



    Sec. 3. (a) As used in this chapter, “motorboat” means a watercraft (as defined in IC 14-8-2-305) propelled by:

    (1) an internal combustion, steam, or electrical inboard or outboard motor or engine; or

    (2) any mechanical means.

    (b) The term includes the following:

    (1) A sailboat that is equipped with a motor or an engine described in subsection (a) when the motor or engine is in operation, whether or not the sails are hoisted.

    (2) A personal watercraft (as defined in IC 14-8-2-202.5).
     

    eldirector

    Grandmaster
    Rating - 100%
    10   0   0
    Apr 29, 2009
    14,677
    113
    Brownsburg, IN
    According to the google machine, IN residents have been hit with OWI while riding a bike or even a horse.

    Interesting, IC specifically says "vehicle", which has a specific definition. Bicycles and horses, and human-powered watercraft, don't seem to fit. But, what do I know....
     

    CPT Nervous

    Grandmaster
    Rating - 100%
    17   0   0
    Mar 7, 2012
    6,378
    63
    The Southern Bend
    Since the statute specifically states "motorboat," I would take that to mean a watercraft propelled by a motor. In the OWI statute, the term "vehicle" can encompass many things, you can end up getting arrested for roller blading while intoxicated.

    On the water, it seems terms are a little more specific.

    On a related note, there was an Eskimo who went out fishing in his kayak on a cold night. He was on the water for a while, and started getting really cold, so he decided to light a small fire in his kayak (mind you, this kayak is made of wood and animal hides.) His fire got out of control, and soon his whole kayak was in flames. He dove out of the boat and into the frigid water, and ended up dying from hypothermia.

    Anyway, the point of that story is, you can't have your kayak and heat it too.
     

    Onebad06vtx

    Expert
    Rating - 100%
    6   0   0
    Mar 9, 2013
    1,006
    113
    Ellettsville
    Since the statute specifically states "motorboat," I would take that to mean a watercraft propelled by a motor. In the OWI statute, the term "vehicle" can encompass many things, you can end up getting arrested for roller blading while intoxicated.

    On the water, it seems terms are a little more specific.

    On a related note, there was an Eskimo who went out fishing in his kayak on a cold night. He was on the water for a while, and started getting really cold, so he decided to light a small fire in his kayak (mind you, this kayak is made of wood and animal hides.) His fire got out of control, and soon his whole kayak was in flames. He dove out of the boat and into the frigid water, and ended up dying from hypothermia.

    Anyway, the point of that story is, you can't have your kayak and heat it too.
    Thats funny right there!
     

    bobjones223

    Master
    Rating - 98.2%
    55   1   0
    Mar 3, 2011
    1,779
    47
    Noblesville, IN
    Since the statute specifically states "motorboat," I would take that to mean a watercraft propelled by a motor. In the OWI statute, the term "vehicle" can encompass many things, you can end up getting arrested for roller blading while intoxicated.

    On the water, it seems terms are a little more specific.

    On a related note, there was an Eskimo who went out fishing in his kayak on a cold night. He was on the water for a while, and started getting really cold, so he decided to light a small fire in his kayak (mind you, this kayak is made of wood and animal hides.) His fire got out of control, and soon his whole kayak was in flames. He dove out of the boat and into the frigid water, and ended up dying from hypothermia.

    Anyway, the point of that story is, you can't have your kayak and heat it too.

    :ugh:
     

    Kutnupe14

    Troll Emeritus
    Rating - 0%
    0   0   0
    Jan 13, 2011
    40,294
    149
    I'm not sure of the law, but surely I'm not the only one who has been canoeing down the river and "lit" at the same time?
     

    MarkC

    Master
    Site Supporter
    Rating - 100%
    2   0   0
    Mar 6, 2016
    2,082
    63
    Mooresville
    I'm not sure of the law, but surely I'm not the only one who has been canoeing down the river and "lit" at the same time?

    I think you're good to go, unless you get to this point:

    [FONT=&amp]it is a Class B misdemeanor for a person to be in a public place or a place of public resort in a state of intoxication caused by the person's use of alcohol or a controlled substance . . . if the person:[/FONT]
    [FONT=&amp](1) endangers the person's life;[/FONT]
    [FONT=&amp](2) endangers the life of another person;[/FONT]
    [FONT=&amp](3) breaches the peace or is in imminent danger of breaching the peace; or[/FONT]
    [FONT=&amp](4) harasses, annoys, or alarms another person.

    [/FONT]
    I'm pretty sure being out on navigable waters is likely to be a "public place or a place of public resort," probably.

    However, having been there myself, I'm not one to judge! :):
     

    JHB

    Sharpshooter
    Rating - 0%
    0   0   0
    Oct 7, 2016
    502
    18
    Columbus
    I don't know about Indiana but in Ohio the conservation officers sit on shore with binoculars looking for people drinking and will ticket them. A few people I was canoeing with on the Little Miami got caught.
     

    Leadeye

    Grandmaster
    Rating - 100%
    4   0   0
    Jan 19, 2009
    36,686
    113
    .
    Having done some river canoeing, I don't see how it can be done drunk. Camped on an island with a nice fire watching the river go by in the evening is another matter.:)
     

    Sniper 79

    Master
    Rating - 100%
    19   0   0
    Oct 7, 2012
    2,939
    48
    Don't know what the law is. I pop one open when I anchor for lunch and if it's hot one after lunch while tooling around fishing. I only carry one or two with me in a small cooler with my snacks. Obviously my mission is fishing and exploring not getting drunk.
     

    Cameramonkey

    www.thechosen.tv
    Staff member
    Moderator
    Site Supporter
    Rating - 100%
    35   0   0
    May 12, 2013
    31,684
    77
    Camby area
    I think Ohio has stricter laws, and the laws are relatively new. I'm having a vague recollection of people getting butthurt about it and there being a big controversy when they passed it. I think it was after several drunks died on the water.

    And the operators had mixed feelings. On one hand they had seen too many sloppy drunks being dangerous and damaging their gear, and yet on the other hand worried that many people just wouldnt do it anymore if they had to be sober and would lose business.

    Tell ya what, get lit, and if you get busted tell us what the charge was and under what section of IC/IAC it fell under. I'm sure we can take up a collection to help pay your fees. :):
     
    Top Bottom