Is it legal to drink and operate a boat?
It’s hard to believe summer is winding down to a close already as we approach the Labor Day weekend. For many, this will be their last opportunity to squeeze in some boat time on the water. If a weekend of boating is on your agenda and you plan to have a few brews out there, here are a few things you might want to know first.
Michigan law does not prohibit drinking on the water.
However contrary to popular belief, it is illegal to operate a boat under the influence. Having a BAC (blood alcohol-content) of .10 or more constitutes being under the influence. Coast Guard officials will often stop a boat for safety checks if they see the operator drinking.
Even if you refuse a breath test, you can still be detained and be taken back to shore. Michigan law says that by operating a vessel on Michigan waters, you have consented to be tested
But unlike operating or being in an automobile, it is legal to have open containers on the water.
It’s also wise to keep in mind the effect the elements will have on you when you are drinking on the water. For instance, three beers may have a stronger effect on you while you are sitting out in the sun all day compared to consuming the same amount indoors.
I hope this helps you have a safe and fun Labor Day!
Marcus D. Wilcox
Attorney at Law, esq.
DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.
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