What is the law?

[gar]

What's the Law? Is it legal to have alcohol in your boat even though the operator is not drinking?

[Tyme2fish]

I also asked that question here and the answer I got was alcohol is not legal on your boat on the Ohio river. Other bodies of water, I don't know.

Here is my post and the answers I received. http://www.fishin.com/forums2/showthread.php?t=75691

[KY374V]

http://fw.ky.gov/boatingfaq.asp

It is against the law to operate a boat or vessel including personal watercraft, manipulate water skis, surfboard or other similar device while intoxicated or under the influence of any other substance that impairs one’s driving ability.
For passengers and operators, Kentucky law specifically prohibits the drinking of alcoholic beverages in public places (this excludes establishments licensed to sell such beverages) and the waterways of this state are considered public places.

[Bass_King2007]

booze is illegal if it is open.. so say you have a case of beer on your boat and it is not in the orginal case then it is considered a open container.. so of course your not going to begoing down the lake with a box of beer unopened so yes it would be illegal..

[MagikSmallie]

Yup, think of it this way. the boat is exactly like a car. you can't have open container, and you can't be drunk. Your passengers can be drunk but cannot have open containers.

[kydonky]

booze is illegal if it is open.. so say you have a case of beer on your boat and it is not in the orginal case then it is considered a open container.. so of course your not going to begoing down the lake with a box of beer unopened so yes it would be illegal..

Close to correct. However, unopened beer in cans, bottles or whatever in a cooler is not alcohol in an open container.

The law is no different on the water as land (public park ect.). Drinking in public, open alcohol container is against the law. If you drink a beer in a private place and then operate your boat it is not illeagal if you are not impaired. If you drink 12 beers and a pint of whiskey and operate you boat you are most probably impaired and will most probably go to jail (unless you are the sheriffs nephew).

[artcarney_agr]

Drinking in public is illegal anywhere you go - you can even get a ticket for drinking in public on your front lawn, since you are in public view.

Put it in a cup and no one will say anything.

As with any drinking in public, acting unruly or drawing attention to yourself is a surefire way to get ticketed. The standard for public intoxication in the state of Kentucky is 'manifestly under the influence as to be a danger to themselves or others or to cause annoyance to the general public'. If you meet those standards, the officer can and probably will arrest you.

Every CO that has checked me has clearly said that they aren't looking to cite people for one or two beers, especially if you are making every effort to keep it concealed, staying well under the legal limit, and acting in a responsible manner. They are out there looking for those who are being blatanly irresponsible and potentially a danger to others on the water. Most times they just have you pour it out.

[Embrey]

then why when there is a party boat near me obviously with many hammered people screaming and drunk, they cruise right by them and come up to me and check every **** thing on my boat while im trying to fish?

[coombro]

You all so have to take into consideration "dry counties'

[Duayne]

You all so have to take into consideration "dry counties'

Why? You can't get a liquor license in a dry county, thus, it's against the law to sell it. There is no law against the consumption of alcohol in dry counties.

Just as it is against the law, by the book, to drink in your anchored/moored boat on the water as it's considered a public place, the same is the case at the dock in your slip. Hey, it's the same in alot of places cops choose to not bust people for having a brew. Anyone ever tailgate? The cops know people are drinking and don't say a thing about it unless they need too. Johnny isn't usually gonna say anything on the water either if you are behaving and not operating a vehicle with open containers or while impaired, or risking danger on yourself or others. They aren't there to rain on your good time. They are there to try to keep things safe for everyone.

When the boat is under way, it's a whole nother story. They consider having open containers by anyone in the boat as the same as drinking while driving. I'll allow others on my boat to have a beer or two as long as we are anchored. Had someone try to hide a brew from me when we were underway and I stopped the boat dead in it's tracks and was quite pissed. My boat, my rules, don't like it, stay at the dock. You seriosly have to be that way with some people.

[MagikSmallie]

you all so have to take into consideration "dry counties'

no you don't!

[coombro]

no you don't!

Heard that prhase many a time as I poored out a cold one. When i was young and dumb.