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  1. #1
    Plinker

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    Alcohol on a non-motorized watercraft?

    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.

  2. #2
    Grandmaster CPT Nervous's Avatar

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    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.
    Quote Originally Posted by Fargo View Post
    I'm picturing you curbstomping yourself, ala Fight Club. All while yelling, "don't worry ma'am, he'll leave you alone after this."
    Quote Originally Posted by BehindBlueI's View Post
    If you want a real vintage denim hat, you'll probably have to push a hipster off his fixed gear bicycle and, while he's collecting his PBR cans, grab it off his head and run.

  3. #3
    Plinker

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    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).

  4. #4
    Grandmaster eldirector's Avatar

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    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....
    Ryan "ElDirector"


  5. #5
    Grandmaster CPT Nervous's Avatar

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    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.
    Quote Originally Posted by Fargo View Post
    I'm picturing you curbstomping yourself, ala Fight Club. All while yelling, "don't worry ma'am, he'll leave you alone after this."
    Quote Originally Posted by BehindBlueI's View Post
    If you want a real vintage denim hat, you'll probably have to push a hipster off his fixed gear bicycle and, while he's collecting his PBR cans, grab it off his head and run.

  6. #6
    Plinker

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    Quote Originally Posted by CPT Nervous View Post
    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!

  7. #7
    Expert

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    Quote Originally Posted by CPT Nervous View Post
    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.

  8. #8
    Grandmaster Kutnupe14's Avatar

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    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 Have the Worst Crew Ever

  9. #9
    Grandmaster IndyDave1776's Avatar

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    Quote Originally Posted by Kutnupe14 View Post
    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?
    At least you did better than the Eskimo boating while lit.
    Government and pedophiles both practice buggering those powerless to defend themselves.

  10. #10
    Expert MarkC's Avatar

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    Quote Originally Posted by Kutnupe14 View Post
    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:

    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:
    (1) endangers the person's life;
    (2) endangers the life of another person;
    (3) breaches the peace or is in imminent danger of breaching the peace; or
    (4) harasses, annoys, or alarms another person.

    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!

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