Oregon and open container law? - Mountain Buzz
 



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Old 05-09-2011   #1
 
out west, Idaho
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Oregon and open container law?

Is it true there is an open container law while rafting Oregon's rivers?

I caught wind of this a couple days ago from someone I raft with.

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Old 05-09-2011   #2
Shapp
 
the grove, Oregon
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Yes
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Old 05-09-2011   #3
 
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Quote:
Originally Posted by brasscap View Post
Is it true there is an open container law while rafting Oregon's rivers?

I caught wind of this a couple days ago from someone I raft with.
Quote:
Originally Posted by shappattack View Post
Yes
Can either of you be more specific as to what the law states? Thanks.
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Old 05-09-2011   #4
Shapp
 
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I guess it is not technically illegal to have an open container in small craft, but it is illegal to be under the influence of intoxocating substances and piloting the craft. I believe there is a lot of deference given to an officer in determining if you are under the influence, making it a defacto open container law.
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Old 05-09-2011   #5
 
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So it's essentially a BUI law, not too unlike nearly everywhere else?
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Old 05-09-2011   #6
 
Ashlandistan, Oregon
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No statewide open container law for boaters here in Oregon. .08 % BAC here,like all 48 mainland states, for the operator of the boat is the max.
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Old 05-09-2011   #7
 
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Littleton, Colorado
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I'm going to give you all a bit of advice that might just save your asses one of these days.

NEVER, I REPEAT, NEVER CONSENT TO A FIELD SOBRIETY TEST.

First, you have the right under the fourth amendment to refuse. Refusing a field sobriety test is not the same as refusing to submit to a blood, breath, or urine test when under arrest for suspicion of BUI, DUI or any other fancy acronym - YOU CAN NOT BE PENALIZED FOR REFUSING A FIELD SOBRIETY TEST, NOR CAN REFUSAL BE USED AS GROUNDS FOR PROBABLE CAUSE FOR AN ARREST OR AS EVIDENCE OF INTOXICATION.
The burden of proof is not upon you to prove that you're sober, it's upon the L.E.O. to prove you're not, and unless you're completely wasted that's pretty hard for them to do without the evidence they'd obtain through a F.S.T.

Second, they're rigged - okay, technically not "rigged", per se, but they're highly subjective. Things like blood shot eyes, slurred speech, staggered gait, etc cannot be quantified. How does the L.E.O. know that you're eyes aren't always a bit bloodshot, or that you always stagger a bit from an old injury?

Last, No one in the history of mankind has ever been cleared from suspicion as a result of "passing" a F.S.T. Ever wonder why they always follow up a F.S.T. with a hand held brethalyzer regardless of the result of the F.S.T.?

Which brings me to another point - NEVER CONSENT TO A HANDHELD BRETHALYZER - EVER! The results are in-admissable in court. Why? Because the margain of error on the fucking things is between +or- 7-25% depending upon the make and model.

Keep your cans in a koozie - preferably one tall enough that the beverage can't be identified as alcoholic at a glance, crush your empties and keep them out of sight, and never allow a L.E.O. to "inspect" your cooler. Those three tips, plus the advice above makes it virtually impossible for a L.E.O. to develop the level of "reasonable suspicion" required to effect an arrest or issue a citation. That is, of course, unless you're totally wasted, in which case your dumb ass probably deserves whatever comes your way.
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Old 05-09-2011   #8
 
ashland, Oregon
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Last two times I went down the Lower Rogue (Grave Creek to Foster bar) The Curry County Sheriff was looking upstream with binoculars for people boating with open containers. So just stow the the brews a mile or so upstream from the take-out and chances are you'll be good to go.
I don't believe there's a law (yet) to keep you from having one (some) while packing your gear.
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Old 05-09-2011   #9
 
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If they're enforcing an open container law it doesn't matter if you're on the river or on the ramp. An open container in public is a violation.

Again, all this can be avoided with a $3 koozie
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Old 05-09-2011   #10
 
Ashlandistan, Oregon
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So there is no open container law specific to boating. However, slavetotheflyrod is correct in that just like almost every other state we do have public open container laws. The thing we don't have like most other states is sales tax. So, if you happen to be boating in a high use area with limited put-ins and take-outs, like Foster Bar mentioned on the Wild and Scenic Rogue, during a little budget shortfall you may be making a donation to one of our local agencies if you are in violation.
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