Behind The Wheel

By Anthony Panzica

June 29th, 2006

Don’t even row there

Summer is here and with the Pacific Ocean as our backyard and so many lakes and waterways within close driving range, it seems appropriate that Behind The Wheel cover the issue of boating under the influence.

Alcohol is potentially even more dangerous on the water than it is on land. The combination of excessive noise, gas fumes, direct sunlight, wind and spray accelerate impairment and cause the following things to happen whenever someone drinks alcohol while on the water:

Judgment is deteriorated making it harder to process information, assess situations and make smart choices.
Physical performance is impaired causing lack of balance, coordination problems and increased reaction time.
Vision is affected including decreased peripheral vision, reduced depth perception, decreased night vision, poor focus and difficulty distinguishing colors (particularly red and green).

Inner ear disturbances can make it impossible for a person who falls overboard and is under water to distinguish between up and down.
Alcohol creates a false sensation of warmth- this could prevent a person in dangerously cold water from knowing when to get out before hypothermia sets in.

Because there is no “open container” law on the books for water vessels, passengers are at much greater risk in a boat than they are in a car as evidenced by a 1993 Department of Boating and Waterways Accident Report which concluded that in 66% of all alcohol related boating fatalities, the victim fell overboard and drowned.

This is especially true when the passengers were drinking themselves.

Boating under the influence can also be more dangerous because recreational boaters are often less experienced and consequently less confident on the water because they don’t have the benefit of practicing boat operations every day as they most likely would in a car. In fact, the average boat owner only spends 110 hours per year on the water.

California DUI laws

The BAC (blood alcohol concentration) limit for a person operating a water vessel in California is the same as it is in a car, .08 percent. I think it’s also important to note that there is a “zero tolerance” policy in the State of California for anyone under the age of 21 operating a water vessel with any measurable amount of alcohol in their system.

This means that if you are under 21 and drink even one beer and then jump on a Jet Ski, you could be headed for some serious legal trouble.

When asked about what happens when someone is arrested for BUI, Lt. Anthony Migliorini, Public Affairs Officer for the US Coast Guard responded by saying, “when we arrest someone for BUI, one of the first things that happens after the person is detained is the boat’s voyage is terminated and the vessel is sent back to where it came from.

If there is no one on board who is sober enough to drive the boat then we will put a Coast Guard representative on board who is or tow it back with a Coast Guard vessel”.

He added that, “boating under the influence has always been a problem, especially during Summer-time 3 day weekends which are always huge boating holidays”.

As far as what can be done about this problem, Lt. Migliorini said he believes that “recreational boaters need to be responsible for themselves and others by taking this problem into their own hands and simply not operating a water vessel while under the influence”.

Facts and figures

It is possible to be arrested for operating the following vehicles while under the influence:

On the water: Jet Ski, kayak, rowboat, paddleboat, hover craft, catamaran, submarine.

On land: Bicycle, unicycle, riding lawn mower, horseback, motorized scooter, motorized skateboard, “pocket rocket”, dune buggy, golf cart.

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