Quote:
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.
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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.