beer on the water...?

[fishsouthcounty]

ok so im taking my kayak out for its first trip since the Malibu sale....gonna go cruise around DP harbor and get used used to the feel of it and try to get an idea of how i wanna rig it further..throw a few swimbaits, check the bait pump/tank...Bringing a small cooler with some lunch....if im sippin on a tall can as i cruise around is the sheriff/harbor patrol gonna rip me one or is it legal?? just not sure if there is a diff. between the kayak and a regular boat. thanks guys.

[mtnbykr2]

DP is heavily patroled, I believe kayaks are no different than anyother
vehicle when it comes to the rules...have fun on the maiden voyage

[MrPatrick]

Smoke on the water..... Fire in the sky! 

[Jimmyz123]

Have you ever Kayaked before? Be safe most of all. It can take a lot out of you paddling a Kayak for the first time, and then adding beer to it. If it were me I would leave the beer on shore. You're not me. Is it leagal? Not sure about where you are going, but you may want to check the laws before you go out with the beer. It would suck to have your first trip be your worst trip.

I'm not a big beer drinker, but form those that I know who are, I am often told by them they will never drink beer while trying to use a Kayak. I could be wrong but the Sun and Drinking beer, can do a number on ya. Be safe, and check the laws before you go.

[dorado50]

You will be hailed if seen by harbor patrol (unless u r real lucky). They will most likely check to see if u r intoxicated. If so..bye.bye..if not ,have a nice day.

[calderonmike]

Originally Posted by Jimmyz123

Have you ever Kayaked before? Be safe most of all. It can take a lot out of you paddling a Kayak for the first time, and then adding beer to it. If it were me I would leave the beer on shore. You're not me. Is it leagal? Not sure about where you are going, but you may want to check the laws before you go out with the beer. It would suck to have your first trip be your worst trip.

I'm not a big beer drinker, but form those that I know who are, I am often told by them they will never drink beer while trying to use a Kayak. I could be wrong but the Sun and Drinking beer, can do a number on ya. Be safe, and check the laws before you go.

As long as you dont blow anything over a .08 BAC. and the laws will apply the same way as if you were on a boat. If you are anchored and not making way you are good to go. but you are on a kayak and I would not recommend drinking on one to any one

[bubblehide]

Originally Posted by calderonmike

As long as you dont blow anything over a .08 BAC. and the laws will apply the same way as if you were on a boat. If you are anchored and not making way you are good to go. but you are on a kayak and I would not recommend drinking on one to any one

It's .08 for establishing being drunk, there is no minimum for establishing under the influence.

With that said, I wouldn't recommend drinking in the harbors, but lots of guys, boats and yakers do outside the harbors. Some beaches have no alcohol regulations, but they don't apply OTW. Just keep in mind that if your checked for any reason, your subject to the laws, as if you were driving a car.

[calderonmike]

Originally Posted by bubblehide

It's .08 for establishing being drunk, there is no minimum for establishing under the influence.

With that said, I wouldn't recommend drinking in the harbors, but lots of guys, boats and yakers do outside the harbors. Some beaches have no alcohol regulations, but they don't apply OTW. Just keep in mind that if your checked for any reason, your subject to the laws, as if you were driving a car.

46USC2302(c)/ 33CFR95 states what constitutes as a BUI.

to get a bui charge you still need the .08 bac but yes you can get stopped for your behavior and vessel operation.

[bubblehide]

Originally Posted by calderonmike

46USC2302(c)/ 33CFR95 states what constitutes as a BUI.

to get a bui charge you still need the .08 bac but yes you can get stopped for your behavior and vessel operation.

I really don't mean to spoil the party, but you need to read the whole thing, with particular attention to section c.

§ 95.020 Standard for under the influence
of alcohol or a dangerous
drug.
An individual is under the influence
of alcohol or a dangerous drug when:
(a) The individual is operating a recreational
vessel and has a Blood Alcohol
Concentration (BAC) level of .08
percent or more, by weight, in their
blood;
(b) The individual is operating a vessel
other than a recreational vessel and
has an alcohol concentration of .04 percent
by weight or more in their blood;
or,
(c) The individual is operating any
vessel and the effect of the intoxicant(
s) consumed by the individual on
the person’s manner, disposition,
speech, muscular movement, general
appearance or behavior is apparent by
observation.


Section C simply makes it a judgment call on the officers part; and requires no minimum intoxicant level.

[old_rookie]

You could drink all your beer before heading out - might make the launch a bit more interesting for the web-cam.

[JoeBeck]

LOL what a world!

[calderonmike]

Originally Posted by JoeBeck

LOL what a world!

I like that Alaska beer too!!!! or a ballast point yellow tail

[surfnutnj]

Originally Posted by fishsouthcounty

ok so im taking my kayak out for its first trip since the Malibu sale....gonna go cruise around DP harbor and get used used to the feel of it and try to get an idea of how i wanna rig it further..throw a few swimbaits, check the bait pump/tank...Bringing a small cooler with some lunch....if im sippin on a tall can as i cruise around is the sheriff/harbor patrol gonna rip me one or is it legal?? just not sure if there is a diff. between the kayak and a regular boat. thanks guys.

I almost ALWAYS bring beers with me when I kayak. I mean why not? As long as you don't get tanked its perfectly legal.

If i don't catch fish at least I got to relax have a beer and enjoy the scenery.

[robmandel]

yes, but the thing with a kayak is it is not a motorized vehicle. I doubt it would classify as a vessel either. I mean, what if I took out a float tube, or an inner tube or a pool raft, how does that differ from a kayak. there are no CF numbers on a kayak.

even if you are under the limit, you can't drive a car and be drinking a beer. period. paddling under the influence, you're more a danger to yourself than anything

[bubblehide]

Rob that is some excellent logic, but from my understanding, a kayak would be classified as a vessel, under the "not otherwise documented" section of the USGS definition.


The bottom line is that many laws are written in such a way, that they can apply broadly, and are subject to the officers discretion.

[jorluivil]

Get a tandem and look for a buddy who doesn't drink.

[T Bone]

You can get a dui on a bicycle.A bicycle is considered a motorized vehicle (you are the motor)I know lots of people roll on bikes to go from Party to party(Newport and HB comes to mind)so they can drink profusely.I know they Issue DUI's but I heard they dont stick in court because you would have a hard time killing someone on a bike.