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Old 05-10-2011   #11
ashland, Oregon
Paddling Since: 2000
Join Date: Dec 2008
Posts: 222
Now I must admit to being not in the know so read this with that in mind. It was my impression that the open container is not illegal for the passengers (or for that matter being looped is not illegal for the passenger) but piloting a boat while under the influence is. And by looking for open containers the sheriff was just looking for likely violators to the BUII law. ($5,000+ fine)
Also the array of fishermen at the take-out with open 24 oz cans would verify open containers are not an issue as long as you're on solid ground.
I apologize if this is just a load of misinformation.

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Old 05-10-2011   #12
Beaverton, Oregon
Paddling Since: 2005
Join Date: Jun 2010
Posts: 569
To make matters more lively in Oregon, your BUI will also go down on your driving record as a DUI, with all the fun that entails.

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Old 05-10-2011   #13
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up in them thar hills, Colorado
Paddling Since: 07
Join Date: Oct 2010
Posts: 142
who knows about Colorado?
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Old 05-10-2011   #14
Lafayette, Colorado
Paddling Since: 1983
Join Date: May 2004
Posts: 32
Well put slavetothefly. That was one of the best pieces of advice I've yet to see passed on in a text format.
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Old 05-10-2011   #15
Boy Howdy!
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Colotucky, USA
Paddling Since: 2006
Join Date: Jun 2007
Posts: 1,054
Slavetothefly, or clapton crotch, best advice ever! I cant pass a field sobriety test at noon on a Tuesday with 48 hours of no beer but, what happens when they want to do a blood test after you refuse a portable B.A. Test?
Who's your monkey?
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Old 05-11-2011   #16
Join Date: Mar 2006
Posts: 57
While Slavetotheflyrod may be right about refusing to take a field sobriety test, state law varies greatly on the admissability of portable breathealyzers as well as the consequences for refusing. In some states, such a refusal may result in an automatic license suspension regardless of whether you are ultimately convicted of DUI. So, the advice should be know the DUI laws in your state before refusing a portable breathalyzer. Or even better, only have a beer or two before getting behind the wheel, then it won't be an issue.
"It's All Good"
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Old 05-11-2011   #17
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Colorado Springs, Colorado
Paddling Since: 2008
Join Date: Jul 2009
Posts: 198
I was arrested in Fort Collins CO, while I was in college. I stepped out of the car aggreed to a FST, then they asked for a breath test. I had not been drinking much that night and it had been a couple of hours since my last drink. I refused the field breath test so they cuffed me, searched me and took me in. I accepted the breath test at the station and blew a 0.5
I was charged with DWAI, Driving While Ability Impaired. I had to go to court got 24 hours of community service, alcohol classes and a crap load of fines.
After that I got real interested in my rights and this is the best advice I have found.
Got pulled over again a couple of years ago in Fort Fun, saem kinda situation. I followed this to the letter. I never had to ask for a blood sucking, cloven hooved vampire/scumbag future politician of a lawer!
Never open your door to the police
If you do open the door, step outside and close it behind you.
Keep private items out of view
If police see something illegal in your car, home, boat, or on your person, it gives them probable cause to search you.
Ask why you are being stopped or confronted by the police. If they have no reason you can end the encounter at any time.
Excercise your fourth amendment right and protect yourself against unreasonable search and seizures.
If a officer asks your permission for a search, he doesn’t have enough evidence to search you without your consent.
Anything you say can and will against you. It is best to ask for a lawyer; use your fifth and sixth amendment rights.
Continue to ask for a lawyer until police questioning stops. If the police do detain, search, or arrest you do not resist.
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Old 05-11-2011   #18
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Colorado Springs, Colorado
Paddling Since: 2008
Join Date: Jul 2009
Posts: 198
DWAI= Driving While Almost Inebriated
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Old 05-11-2011   #19
treehugger's Avatar
Colorado Springs, Colorado
Paddling Since: 2008
Join Date: Jul 2009
Posts: 198
Copy and print that. Give it to your friends! I keep a copy of it on a card behind my drivers license in my wallet.
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Old 05-11-2011   #20
Helena, Montana
Paddling Since: 96
Join Date: Apr 2010
Posts: 488
In MT, you do not have the right to an attorney or miranda when detained for dui. How messed up is that?

Never get out of the boat
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