BUI Checkpoint

Anyone else see this at the river saturday?? Never seen this before, pretty crazy. Looked like Crawdads was empty because of it...They appeared to have 3 checkpoints, 1 by Crawdads, 1 at the entrance to the American river and 1 by the bridge downtown..I went thru the first one and the sherriff loved the Epic!!

I was in my dealer last Thursday and they showed me that they were going to do this and cautioned me. I wonder how many they got this weekend.

What exactly did they do at the chekcpoint?

they had about 6 sherrif boats and a PWC. the guy on the PWC would direct you to one of the boats. then it was basically the same as a checkpoint on the road. the sherrif asks if youve been drinking and hands you a pamphlet.

I read that they arrested two .

I got no problem with that? Hopefully they do it again next weekend.

I've seen Sherrif boats anchor in the middle of the river and stop boats passing by and do the safety check's.

there needs to be more bui checkpoints.

I hate this law. We were on the water a month ago and I had (2) beers. (2) beers and blew a .12 Drunk idiots area a pain and you know who they are. Me with 2 beers not allowed to drive my boat is a hassle. Go ahead, flame away. Just my .02

^^^ You either weight 50 lbs, or the "2" beers you had were 24's. Your attitude is what gets people killed and it's usually the innocent.


Glad to see the law working!!!

.08 is very low...and Tige Mike two beers will get more people than you think over the limit...you can blame MADD for that. Unfortunately, it's not the guys blowing the .10 or .12's it's the guys that are near comatos and still think they can operate a boat

^^^^True that. I've seen guys get just belligerent drunk partying all tied up and then take off like it's nothing.

Just another way to tax you, they only hide this one as a safety check. Fill those state coffers so they can spend moreof our tax money on worthless programs

"I got no problem with that? Hopefully they do it again next weekend."
"there needs to be more bui checkpoints."
Really? Do you guys not drink at all on your boats? You can drink 2-3 beers and be at .08, I admitt that belligerent drunks need to be delt with but stopping every boat seems to be overkill, glad they don't do this where I'm at, I guess I'm lucky there are so many drunks on the road the cop don't bug boaters...not that I have ever drove mine after drinking

^^^^^ There are people that have issues with people socially drinking responsibily. I stereo-type these people into the "not friends of Sam" category. IMO, nothin better than takin a few sets, and crackin open the coldest beer you can find for the boat ride back.

2 beers = .12? I'm with TigeMike here...you must weigh 50 lbs and have been drinking the beers as they were giving you the test...

The test all depends on the timing. You would be amazed how high you will register even after 1 or 2 beers if the test is administered soon after consumption. .08 is not even a head change for most regular size guys that drink. While a person coming down from a much higher BAL, but hasn't had a drink in a while will register a much lower number while still feeling the effects.

One of my buddies had a breathalyzer in college (not the official police version, but along the same lines). It hit some unbelievable high readouts on me after only a couple of drinks if we tested right way. I'm 6'2" 220lbs. I wasn't even close to a buzz, but I was "legally" drunk.

The problem with the test is that it has to be the same for everyone. A person who doesn't drink often is going to react quite a bit differently to one or two beers versus someone that drinks more often and is accustomed to it.

I don't advocate drunk driving, but I know for a fact that my reflexes and decision making are still functional after a couple of drinks.

"Really? Do you guys not drink at all on your boats?"

Actually no i don't. You can get as hammered as you want on my boat but i don't touch a drop until it's anchored for the duration. I've seen too many "i'm not drunk" accidents on the road and water to know better. Besides is it worth loosing everything you own because you couldn't refrain from drinking or feel the need to be cool? I think not.

Hey more power to you Razzman, in fact you can come out and drive my rig anytime you want, I guess sometimes I just can't resist "the need to be cool"

In order for the test to be "accurate" it shouldn't be administered w/in 30 minutes of drinking anything.

If you chug a beer and blow immediately of course you are going to register higher. It's entirely possible to blow a .12 after two beers. TigeMike, you are completely incorrect here. If he's telling the truth, which we have no reason to doubt, this is a fine example of the law not working.

(Message edited by bizzuck on August 26, 2008)

that blows.

"Blood alcohol concentration. The proportion of alcohol to blood in the body is expressed as the blood alcohol concentration (BAC). In the field of traffic safety, BAC is expressed as the percentage of alcohol in deciliters of blood - for example, 0.08 percent (i.e., 0.08 grams per deciliter). A 160-pound man will have a BAC of approximately 0.04 percent 1 hour after consuming two 12-ounce beers or two other standard drinks on an empty stomach.
"

Here is a nice BAC calculator, just plug in you weight, oz's consumed, % of alcohol, and time span. http://www.1800duilaws.com/forms/bac.asp

I'm 200#, so I plugged in 2 12oz beers with an alcohol content of 4.5% in a 15 min time (I chugged 2 beers as someone said to do) and my BAC was .036.........no where near .12. At .5hrs, it drops to .033, at 1 hour, it's down to .025

So, based on this I will again pull the BS card and wave it high. Based on chugging 2 12oz beers on an empty stomach and then driving away and getting caught, Jonathen Howell would have to weight 63lbs



(Message edited by chpthril on August 26, 2008)

I am all for more strict enforcement of drinking and driving laws, on and off the water.

You cannot get a DUI or BUI (here they call it an OUI), simply because you blow over the limit. If you blow over the legal limit they have cause for arrest. However they must administer a blood test to determine the exact BAC prior to issuing any formal charges. This is to prevent a false reading in the event the individual recently consumed the alcohol thus throwing off a breathilizer....

(Message edited by nasty530 on August 26, 2008)

t-bag, does that apply in all states, namely CA?

no in cali they give you 3 blows into the machine. The best thing to do in cali is not to consent it was on the news and the sherrifs said they cant do anything if you refuse cause unlike driving a car you dont need a license for baoting and the law that says you automatically get a 1 yr lic suspension if you refuse doesnt apply. from what i hear if you just recently consumed the drink it dos show a lot higher on the breathilizer due to mouth alcohol or some stuff.

Nick i hate to disagree but i will as i've personally seen, twice to be exact, drivers who blew over .08 and refused. They gave both multiple chances to blow into the device and then took both to jail when they wouldn't. One guy had his boat impounded as there wasn't a sober person on the boat either.

(Message edited by razzman on August 26, 2008)

Interesting,
Some interesting facts here in CA.

1. You don't need a driver’s lic to operate a boat.
2. You may not operate a boat with a .08 or higher BAC.
3. If you get a BUI the DMV cannot take away your drivers license. (this is a NEW law)
4. If you get pulled over on the road for DUI you may refuse the roadside Breathalyzer and they can and most likely will take you in for suspicion of DUI.
5. When @ the Station YOU MAY NOT refuse a BAC test. If they want they can physically strap you down and take your blood. You don't have the choice to refuse the BAC test. This is in the agreement you sigh when you get your California license. What refusing to take the test will get you is an automatic 1-year DMV suspension. Plus they can take your blood and still charge you with DUI.

Now this is where it gets weird and this is where I am in question. Maybe someone who knows can chime in. If you don't need a driver’s license to operate a boat how should the rules you agree to for a driver’s licance apply to operating a boat that you don't need a license for?

Example: You can't refuse a BAC test on the road you give up that right in order to have a California drivers license. But because you don't need a License to operate a boat should that law or can that law apply?

---

quote:

By aaron (alindquist) on Tuesday, August 26, 2008 - 11:36 am:

"I got no problem with that? Hopefully they do it again next weekend."
"there needs to be more bui checkpoints."
Really? Do you guys not drink at all on your boats?

---

yeah but we always have this thing called a "designated driver."

Thanks for that, those that chimes in. I am not kidding at all. We just got to the water and tied up with our friends. I am 6'2" and 190 lbs. There was a breathalizer going around (bought at wal-mart) and I tried it. .12 right off the bat after 2 beers. I was shocked and could no believe it. Now I am 33 years old and drink beer a few nights a week. So my tolerance is pretty up there. If I was 18, those two beers may have done something to me. I dont and havent since I got a dui when I was 17 drive drunk. I dont even wakeboard if I feel like the beers are making my head a little fuzzy. But to give me a ticket for pulling my kid on a tube after I had 2 beers is rediculous. But we all know thay make the law for the masses, which half of which act like tools with or without alcohol. My preference would be to target people driving boats and skis like idiots. They are everywhere. I couple careless and reckless boating tickets would far more serve the purpose than a BUI checkpoint.

(Message edited by nu2dagam on August 27, 2008)

^^^ You either weight 50 lbs, or the "2" beers you had were 24's. Your attitude is what gets people killed and it's usually the innocent.

My attitude is very much in line with my beliefs. maybe the breathalizer was off like the guy said above. I was in the process of drinking beers while I took that test, but still. If that was a legit .12, then I could get a BUI anytime I was on the water. I dont drink liquor at all. Havent in 4 or so years, but come on, a couple cold beers on my boat is not to much to ask for. And I do have a DD all the time which I utilize on the way home just because of the coast guard and fisheries. But when my daughter wants to tube and my wife does not llike to pull anyone except me, I am going to pull her. I can say it has never been a problem. They dont do checkpoints like that on our river. I have been pulled by the coast guard with a beer in my cupholder and never had the first problem. I guess it is respect and I never actually get drunk, just drink enough to blow a .12 After all these posts though, it is Labor Day weekend folks. Be careful out there because there are some drunk idiots drving some of those boats, and then just some plain idiots driving some of those boats.

yeah but we always have this thing called a "designated driver."

Joe, you never drink a couple beers and drive your boat? I find this hard to believe from any boat owner unless they are a tee totaller. If not, good on you for that.

They need to have BUI checkpoints on the Delta, Ski beach and Union Point.

(Message edited by wayz on August 27, 2008)

I got no problem with people drinking on my boat. As long as you don't act like an Azz-clown, I have had an occas. beer here and there. But there are to many boaters that have no clue without alch. involved and when you add that to the mix it just gets worse. But that is just my 2 cents.

I agree. The funny thing about me on a boat is speed. I am never in a hurry to get anywhere. Drives my wife and daughter crazy. I rush most of my life, but when I get on the river, idle speed is enough for me unless I am giving someone a pull. I tell you what I think is more idiotic. Kids driving boats. I see kids 10-14 years old operating their parents boat alone. No adult supervision whatsoever. That blows my mind. My kid is not taking my boat out till she is atleast 16, and there has to be a lot of changes between now and then.

razzman i didnt say that they cant arrest you on suspision of being drunk what i said was they cant cant force you and to take it or suspend your lic like in a car. If you have ever gotten a dui you would no that the chances of the DA filling or your lawyer beating it without the blood or breathalzer is close to 100% They take the evidence really seriously

didn't blow or take a blood test, taken straight to jail, and lost liscense for 6 months. 3 years and still in court over it. BWI. Was calm and collect during the whole ordeal. Offciers kinda freaked b/c I was " a big guy" 6'3" 225, lol. They felt the need to call 15 other officers over to escort me back. What's real funny is the officer's key piece of evidence is the fact I recited the alphabet perfectly, but to a melody ( like the way everyone learns it).

In hind sight should have just blown.

check with a lawyer a case was just deciding down in LA county were the judge overturned the DMV's suspension. YOu could prob find it by doing a search on the local news websites.

Now I'm scared to do the alphabet. How else can you do it? That officer must have finally learned it late in life...

Here in AZ they sit at the lake exits so they don't have to hassle getting the boat out of the water. They wait until you're leaving at the height of drunkeness

I'm for it.

^^^It's become very political. The DA who knows my lawyer personally doesn't know why I was arrested ( I was being videtaped during my conversations with the officers) Her problem is that there are 15 officers who signed the police report...she doesnt' want to look bad. Her words to my attorney are "I can't let this one go, there are too many people involved"

Otherwise, spotless record.

I now have a serious phobia of cops, in large numbers they scare the crap out of me.

that sux sam! I have the same phobia. YOu might have a shot at beating it at trial they dont have any evidence. The DMV part avoiding your Lic. from being suspended is a very good shot. Good luck bro Fight the power!

'But to give me a ticket for pulling my kid on a tube after I had 2 beers is rediculous. '

If the DUI laws are slowly being transposed to BUI incidents is it possible that having a kid in the boat/in tow etc could become a felony as it is in a car (in AZ)? If so, you can count yourself lucky!

Jury trials are scary too. I have "heard" stories of jurys convicting b/c in their mind a sober person would never refuse to take the breathalyzer.

gobigorgohome, I agree. I am very mindful of the law. I would not let my daughter behind the wheel of the boat until I found out the laws. In NC, you can operate a boat at any age without adult supervision, but must be atleast 14 with a boaters safety course, or 16 with a DL to operate a jetski. The point I was making was the BUI checkpoint. That is a little much. If it is going to be taken that far, then they should start to enforce careless and reckless boat driving like they do alcohol. Me after 2 beers is far less dangerous then half the tools I see driving like idiots through no wake zones or by a bunch of boats that are tied up together.

I had a lengthy discussion about BUI's and such with a buddies neighbor not to long back who's a ca central valley sheriff and according to him the way the BUI laws are written they have a very broad latitude mostly in part to the "no tolerance" rules and no clear cut definition of waterway laws pertaining to it, pretty much what "G" said above. In a nutshell what he said was if they (sheriff's, wardens, etc) feel your a hazard to yourself, crew or others they can pretty much do what they want.

He also mentioned that it is probably going to get a lot worse going forward as well. According to him there are proposed changes to give water cops even more latitude. He stated there's a push to allow automatic confiscation & impounding of a vessel just like on the roadways with your car! I'm just guessing that some of these proposed changes will be coinciding with the boaters licenses in a few years here in cali. Who knows

i cant believe people are even discussing this! dui's & bui's are in place to save peoples lives. i have no respect for anyone that chooses to drink or do drugs and then operate a motor vehicle.

i cant say i havent been guilty of doing so in the past.... but when you realize the damage it causes so many.... why would you want to drink and drive.

i hope the laws become as strict as motor vehicles. less ••••••• idiots on the water.... more good water for me and my crew.

Maybe it was that I just started drinking and the beers where just starting to flow. But it was not BS, I thought the same thing.

I am all for boating laws and BUI laws etc. to save peoples lives and of course will follow them when they come around. I didnt drive the boat home that day because of that breathalizer I took and I get my boarding in before any beers flow. You are always subject to search on a boat, period. By the coast guard, Marine Fisheries and the Wildlife officers. I just think it sucks that they are starting to have BUI checkpoints.

I'm still calling BS on the .12. You weren't using your Walmart breathalyzer properly. This is the main reason that they make better party toys than safety devices.

We also have one that we carry on the boat. The instructions are very clear that you should not have had anything to eat or drink for 30 minutes or the results will be inaccurate. It's easy to do a shot, then turn around and blow right off the charts. Mine will indicate HOT instead of a BAC % if you do it fast enough or were high to start with.

Jonathon...you said you did the test after two drinks "right off the bat". Your .12 reading is meaningless.

Got ya, still worried me : )

i have one of those too. I once blew a "hot" the next morning!

the drunks are all tied up or beached drinking in the delta there not boarding or just driving around so infact it wouldnt make the water better for riding. The drunks dont affect the water.Thats is bad logic adam

Nick.... Come on. Really? You really believe most of the drunks aren't driving around the delta? You actually think they sit at Ski Beach, Lost Isle, or any other hang-out 'till they sober up? I've spent way too much time out there to believe that.

"Affect the water"... not sure, but my families safety, definately!

Now that's not to say we won't play in the delta, but I've found much better spots to go than the normal "party zones". I'm not as young and invincible anymore!

i dont party out there ever. I just ride. True they do drive back and forth from the party spots. But if you know the delta at all you know the main ways that everyone is going, like twin sloughs and indian goin to disco and orwood or the back sloughs that take you to lost isle from ski beach. The only people that even attempt to ride there are the drunks that dont know better. you dont see party boats very often were we ride hell alomost never and we have about 4 spots. lots of families and tubers yes but party boats no.

Sounds like we're on the same page then. Maybe I'll see you out where the "cooler" people play!

I'm not sure if this is of interest to people, but a few years ago I got curious, so I bought a handheld breathylizer and experimented with it a few times in the living room while driking (I don't generally drink when I wakeboard). Anyway, as I drank some beers and messed with the thing, my findings were both interesting and scary. I could blow well over the legal limit after just a sip of beer (ordinary mouthwash actually put me off the charts for over 1/2 hour). Inside of about 10 to 15 minutes of having any alcohol at all I was registering well over the legal limit... wait 15 minutes plus and I was usually under the limit and in line with what I expected, but I could actually create .02+ point deviations in back to back measurements just varying how I blew into it. If I blew slowly and until my lungs emptied all the way, the thing registered WAY higher. If I hyperventilated and blew quickly, not emptying my lungs fully, I could register way lower... in some cases, like if I could keep the air from sitting in my lungs for very long (quick breaths), I would barely register any alcohol at all when I should have been well over the limit..

I'm just posting this as interesting information. Please don't go drive drunk and try to fool the police, but having tested multiple handheld devices now, with multiple friends, my conclusion is that the degree of deviation in the readings can easily be made so inaccurate as to make these devices almost completely useless. In fact, my opinion is that most police officers have probably already made up their mind before they ask someone to blow...

jonathan, if i'm the designated driver, no, i don't have a drop of alcohol/beer. i'm not much of a drinker when i'm out on the boat anyway. if i'm out on the boat, i wanna ride. and i'm 41 years old...not much of a partier anymore.

(Message edited by dakid on August 27, 2008)

When on the road they have to have some criteria met before they can take you in. Lets call it 3 strikes.

They can pull you over for what ever. It's better for the cops if you do something stupid or have a light out or something. But it’s pretty easy for a cop to legally pull you over. So they get you pulled over. strike one

They come up to the side of the car. Ask for your paper work. They say they can smell booze on you or coming from your car
strike 2

Field sobriety test. They ask you to do a series of field test's weather you can pass them or not is not the point. So just for argument sake lets say you pass with flying colors. They will still ask you to blow, but they must have you perform the test (it would seem hard to do a field test while on the water)

Lets say you blow and your BAC is @ .08 or above.
They now can take you down to the station. strike 3

Or you just refuse the roadside Breathalyzer
You’re still going down to the station. Strike 4

There is nothing you are going to do to avoid going down town if the cop's want you and your at or above .08 BAC

Now all this time the cops have you in their sight you haven’t drank anything in the time they have you in custody. So the argument that you JUST had a drink and that why the Breathalyzer is off is out the window. It might be true for the road side but its the stations test that matters.

The roadside Breathalyzer is just a tool used by the cops to justify bringing you into the station for a formal more accurate test. No one is going to get charged for DUI just off a roadside Breathalyzer. Yea it might get you a free ride to the station. But not a DUI charge.

So for the people thinking or saying they just drank 2 beers and they got a DUI are full of crap.
Yes I can see you having 2 beers and then blowing over .08 and the cops rolling you up, but by the time they take you down town and they draw blood or you blow into their machine at the station the results will be accurate.

You can try try all you want to work around the system or you can just make sure you or the ones your with are not drinking and driving and avoid all the drama.

Well said "G"!

Yeah it's called a PBT, which is not admissable in court in TX, but gives them good enough reason to bring you in. Down here BWI has the exact same penalties as a DWI.

It's not worth all the hassle of going through the BWI process. If you are going to drink stay anchored and don't leave (that usually won't happen, but I have done it) or have someone be the designated driver. On the water you can get stopped for anything and down here in TX they don't have any tolerance for it.

I'm 23 years old and I still like to party but I am now fully aware of what can happen and believe me when i say it's not worth it.

But I agree with the fact that they need to be patroling the whole lake for the dips**ts that are carelessly driving around especially in areas where people are trying to board or anything like that and not just for the people that have been drinking. A BWI checkpoint may be a good idea but think about all the man power that one location is taking up while there are still idiots out on the water especially during the holidays. just my opinions....

good on you joe. people dont seem to realize that open liquor in... or while operating any type of vehicle should be prohibited. time are changing... take some responsibility for your actions, the actions of those in YOUR boat and the lives of others on the waterways.

i still cant believe people are debating this.

Being a responsible adult doesn't magically become impossible at .08. I am glad I live in the middle of no-where and don't have to put up with all of this big brother bull.

To all the whiners, I hope the government is protecting all of you from the evils of alcohol.

To those of you who got hasseled by the man for being at or barely over the limit, my heart goes out to you and best of luck fighting the injustice.

It's just like gun control laws. They only affect the responsible. The irresposible are going to cause trouble no matter what the laws are.

While we were out on the water enjoying a cold one, some stupid special intrest group was lobbying for stiffer laws and got there way. Our liberties are being stripped away while nobody is paying attention.

there are no evils. just sucks seeing people die at the hands of drunk drivers. dont give me that big brother ••••••••••• has nothing to do with gun control laws. i dont see how you consider drinking and driving a boat responsible. what a douche.

(Message edited by adam_balon on August 30, 2008)

sorry for my bad english....

Like I said, I hope big government is protecting you so you won't be burdened with the responsibility of being responsible.

Dieing at the hands of drunks? .08 is not drunk, Canadians of all people should know the difference!

Bad english?, try bad manners punk.

this will be the last time i post here.

i am not looking for a battle. obviously you have not been affected by a drunk driver or your opinions would be different. and yes .08 is drunk..... regardless of what you might tell yourself.

usa or canada... .08 is the legal limit.

big government doesnt affect me. i am a canadian. i am not commanded by the oppresive usa. nor am i a punk. i am a tax paying canadian citezen who wants •••••••• like you off the lake.

I find it amazing that people think it's acceptable to drink to the point of 0.08 or higher BAC and drive a boat.