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Thread: beer in boat

  1. #1
    Join Date
    Jan 2008
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    28

    beer in boat

    I have heard several conflicting rules about this....the indiana boating guide says that you can be arrested if you are over .08 (just common sense) but when we are camping we like to take a cooler out with us and have a few yellow pops while bluegill fishing......Someone told me that you cannot have beer in the boat (open container law).......but the law book does not state this anywhere........anyone have a take on this......

  2. #2
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    Dec 1969
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    Re: beer in boat

    Quote Originally Posted by jayrod00 View Post
    I have heard several conflicting rules about this....the indiana boating guide says that you can be arrested if you are over .08 (just common sense) but when we are camping we like to take a cooler out with us and have a few yellow pops while bluegill fishing......Someone told me that you cannot have beer in the boat (open container law).......but the law book does not state this anywhere........anyone have a take on this......
    Thats the first I have ever heard that

  3. #3
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    Re: beer in boat

    I had the same question a few years ago about drinking at Brookville. After talking to a lot of different people and getting a lot of different answers, I was able to contact via email a Major Sam Purvis, Boating Law Administrator for the Indiana DNR Law Enforcement Division, and he confirmed that it was legal to drink on a motorboat at Brookville Lake. He said the BWI(Boating While Intoxicated) laws are the same as the DWI laws, and the limits are .08 % blood alcohol content. This was in 2004. Basically, you could drink out on the lake, just dont get drunk and drive. I am not sure but I believe there has been some changes in Indiana open container laws in the last few years so I am not sure if this still applies now.

  4. #4
    Join Date
    Sep 2007
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    126

    Re: beer in boat

    I can't believe Indiana law would allow you to drink on the water. Even though many people do it is illegal to have an open container on any body of water in KY.

    My belief is if your caught with an open container of alcohol on the water you should go directly to jail. I enjoy a nice cold one as much as the next guy but the water is no place for one.

    Charlie

  5. #5
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    Re: beer in boat

    Charlie,

    Go to jail for drinking a beer??? Look out!!!!!

    Lets try to be a little bit reasonable here. I believe in water safety and if a guy is over the legal limit I can go along with that as well; but you can't lock everyone up that enjoys a cold beer while fishing. We wouldn't have enough people paying taxes to support those in jail. I think we are locking up plenty of people as it is. Let's not lock someone up for enjoying a beverage.

  6. #6
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    Dec 1969
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    Jeffersonville, IN
    Posts
    51

    Re: beer in boat

    I asked DNR at the boat show and they said the same thing in KY. You can drink but cannot be over the limit or you will get a DWI. If you have a designated driver you are still subject to Public Intoxication if you are acting like an arse.

  7. #7
    Join Date
    Jan 2008
    Posts
    28

    Re: beer in boat

    Thanks for all the info guys......clears things up a bit....Roostertail, are you in Jeff......I live in Clarksville......

  8. #8
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    Dec 1969
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    Jeffersonville, IN
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    51

    Re: beer in boat

    Yes

  9. #9
    Join Date
    Jul 2006
    Location
    Louisville
    Posts
    146

    Re: beer in boat

    This is a subject near and dear to my heart, since I like my beer. I fish Cumberland Lake in SE Kentucky most of the time. On 'lakecumberland.com', the following four paragraphs are listed specific to drinking alcohol. I know it's not an official law enforcement website, but I can't imagine they provide inaccurate info on such a serious subject:

    The only "bars" on Lake Cumberland are found in several Burnside restaurants. The only one of these actually "on" Lake Cumberland is Harbor Restaurant at Lee's Ford Resort Marina, though all of Burnside's restaurants are very near the lake.

    All of Lake Cumberland is considered a public place. If you are outside the cabin of your boat drinking beer out of a labeled container, it is no different that sitting on the side of the road drinking beer or walking down the sidewalk drinking one, and that will get you in trouble in both wet and dry counties in Kentucky.

    When you are inside the cabin of your boat, you are out of public view and can legally consume all you want as long as the driver isn't drinking or under the influence.

    If you remain inside the cabin of your boat while intoxicated, you are not in a public place anymore than you would be in a rented motel room and are therefore NOT subject to arrest. Kentucky law says you must be "manifestly under the influence" in a public place to be subject to arrest.

  10. #10
    Join Date
    Feb 2008
    Location
    Fairfield, OH
    Posts
    23

    Post Re: beer in boat

    Quote Originally Posted by markmac60 View Post
    This is a subject near and dear to my heart, since I like my beer. I fish Cumberland Lake in SE Kentucky most of the time. On 'lakecumberland.com', the following four paragraphs are listed specific to drinking alcohol. I know it's not an official law enforcement website, but I can't imagine they provide inaccurate info on such a serious subject:

    The only "bars" on Lake Cumberland are found in several Burnside restaurants. The only one of these actually "on" Lake Cumberland is Harbor Restaurant at Lee's Ford Resort Marina, though all of Burnside's restaurants are very near the lake.

    All of Lake Cumberland is considered a public place. If you are outside the cabin of\
    [your boat drinking beer out of a labeled container, it is no different that sitting on the side of the road drinking beer or walking down the sidewalk drinking one, and that will get you in trouble in both wet and dry counties in Kentucky.

    When you are inside the cabin of your boat, you are out of public view and can legally consume all you want as long as the driver isn't drinking or under the influence.

    If you remain inside the cabin of your boat while intoxicated, you are not in a public place anymore than you would be in a rented motel room and are therefore NOT subject to arrest. Kentucky law says you must be "manifestly under the influence" in a public place to be subject to arrest.
    All I've ever heard about lake Cumberland is party and drinking, well I was the one that got a citation from "barney" for drinking a beer (while floating in the lake. We were in a cove with about 30 other boats (all who were getting wasted drunk). So your right, as long as your in your Boat your good to go. Good Advice. Although I personally dont plan on frequenting Lake Cumberland.

  11. #11
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    Re: beer in boat

    I got pulled over in a party cove for the letters on my bass boat being too dark. About 50 yards away were 20 boats with crazy drunk people screaming and taking there clothes off. Thats why I was fishing there!!! The officer asked to look in my cooler. All I had was water and balogna sandwiches. He said he wanted to see if I was drinking. Then he went straight passed the partiers to check another bassboat. Go figure?

  12. #12
    Join Date
    Oct 2007
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    Taylorsville
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    94

    Re: beer in boat

    Quote Originally Posted by ttwigg View Post
    I got pulled over in a party cove for the letters on my bass boat being too dark. About 50 yards away were 20 boats with crazy drunk people screaming and taking there clothes off. Thats why I was fishing there!!! The officer asked to look in my cooler. All I had was water and balogna sandwiches. He said he wanted to see if I was drinking. Then he went straight passed the partiers to check another bassboat. Go figure?
    They dont want to make all the people mad down there at Cumberland with their Big Wave Makers, thats how that area makes most of their money. When 76 falls was the party place for july 4th, i've seen house boats with cases of beer stacked up outside on the deck, naked girls drinking beer on tubes being towed by jet skis and the water patrol just rode right past, dont get me wrong I like looking at the girls myself!

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