# What's the penalty for beer on a boat?



## AndroDoug (Apr 12, 2004)

A fishing buddy of mine always wants to bring a 12 pack or so when we go fishing at Mogadore or wherever. I tell him no way, it is illegal. He has actually snuck a few "oil cans" on before, but what are you to do? We used to fish a private lake in the past, and it was OK to bring the beer. Now we don't have that access anymore and fish public.

When I tell him it is illegal... what are the penalties? I don't even really know. If it is HIS, am I liable if he brought it on MY boat? Are we both liable? Or just him? I have seen many guys at Mogadore drink and the trash cans at the ramp often have many empties in them. Just curious cause I don't know...


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## gkicker13 (Mar 8, 2005)

i was always under the inpression that it wasn't illegal to drink while you fish, but the Blood alcohol concentration regulations stay the same. .08 in ohio, if you are operating (driving) the boat. Otherwise i thought it was legal to drink on the boat.


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## Action (Apr 8, 2004)

I think it's legal at Erie and all of the rivers. Most lakes have a sign if it's illegal. I know it's illegal at all Muskingum Watershed lakes to have a fire or beer.


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## johnboy111711 (Apr 7, 2004)

I always thought it was illegal. it's an open container in a vehicle. i figured rules would apply.


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## mrfishohio (Apr 5, 2004)

Maybe not the whole answer you're looking for, but it's a start.
http://www.dnr.state.oh.us/watercraft/opsguide/parkregs.htm



> Intoxicating Beverage
> (1501:41-3-22)
> No person shall overtly and publicly consume or display the presence of any beer or intoxicating liquor in any area administered by the Division of Parks and Recreation, except within the confines and privacy afforded in a cabin, lodge room, tent, or camping vehicle or in areas authorized by the Chief of the Division of Parks and Recreation.


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## Capt.Muskey (Apr 14, 2004)

I couldn't find anything under the Ohio revised code except, 

§ 1547.12. Incapacitated operators prohibited.




No person shall operate any vessel if the person is so mentally or physically incapacitated as to be unable to operate the vessel in a safe and competent manner. 






No person shall permit any vessel to be operated on the waters in this state in violation of this section.


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## AndroDoug (Apr 12, 2004)

OK, more specific. Is it illegal at Mogadore? The lake is not run by the Parks and recreation dept. I think it is run by Akron now. I can't recall seeing any signs saying no alcohol. I wouldn't mind bringing along a 6 pack on a hot day if I am allowed.


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## Lewzer (Apr 5, 2004)

I think beer (alcohol) is legal on waters where the Coast Guard has jurisdiction, but the operator cannot be intoxicated (0.08% BAC). On state waters and I assume city (Akron) waters you cannot even possess it on the boat.

I imagine the penalties would be the same as having alcohol in a car. I don't know if the boat owner would be fined or ticketed is they were not drinking but their passenger was.


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## fishingful (Apr 5, 2004)

i know at portage lakes it is 50 or 100 bucks a beer opened or unopened
lake erie it is ok except for the captian 
piedmont i thought was ok we have been drinking and checked while shore fishing and the ranger did not say anything 
mogadore i would think it is ok if their are no signs at the ramp 

who patrols magadore? and do you need a launch permit?


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## AndroDoug (Apr 12, 2004)

I think I found it. NO alcohol on any Akron owned reservoirs.

http://www.ci.akron.oh.us/pubutl07.html

I wonder what the punishment would be? If it is OK at many other lakes, and the only reason it is not allowed at Mog is because Akron wants it that way, I can't imagine the punishment being too severe. Maybe a warning, or a city-issued ticket. Maybe I will call them...


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## Big Daddy (Apr 6, 2004)

Open container, possibly even operating under the influence. Could be more severe than you think.


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## Lewzer (Apr 5, 2004)

Plus the points will go on your driver's license. Insurance for your car can go up.


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## Action (Apr 8, 2004)

fishingful said:


> piedmont i thought was ok we have been drinking and checked while shore fishing and the ranger did not say anything
> 
> 
> Piedmont doesn't allow alcohol, but if your not being a problem they will overlook it sometimes.


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## ltfd596 (Apr 15, 2005)

This is a mjor surprise to me. I have always put a couple of beers in the cooler when I go out and never gave it a thought. It is not like I am getting wated out on the water, but there is nothing more relaxing than sitting in your boat enjoying the scenery and a cold one. 

I haven't been check by a ranger in years, do they look in the cooler? And would I get into trouble if I had 3-4 in there?


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## ddd (May 12, 2005)

Just go the safe route and pour some vodka and a splash of grenadine into a lemonade gatorade and drink it straight out of the gatorade bottle- Will make a nice refreshing drink while out in the hot sun.


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## catfishhunter33 (Apr 6, 2004)

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## saugeyesam (Apr 20, 2004)

i know its illeagal on mwcd lakes but sometimes the rangers overlook this if your not being a problem. a few years back at atwood me and a buddy were anchored fishing for cats off his pontoon boat it was just before sundown and here comes a ranger so we put our beers down in the cooler and get out our licence when says i didnt stop to check yor licences i stopped to tell you that ive been watching you guys for over an hour now and if your gonna drink dont advertise it put it in a cup. and off he went.


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## ltfd596 (Apr 15, 2005)

So it seems to me, if you are not being abnoxious, drawing attention yourself, and keep it out of sight, most places are ok with it. 

There have been a lot of times I will put some in the cooler and never even open one. I guess it is better to be safe than sorry though. I will have to stick to my flask of homemade peach brandy!


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## APD1088 (Apr 14, 2004)

First off, a boat is not a motor vehicle, therefore motor vehicle law is not applicable to boats. Secondly, possession, open or not, can be arrestable. As a retired LEO, I cannot recall anyone being assigned to Mogodore, and I think it is actually responded to be the Sherriff's office. I personally would say, enjoy and don't give anyone a reason to call the police and you will be fine. The penalties for open containers on city property is a MM, but the law defines an open container as anything less than a 12 pack, or a 12 pack that has been opened. If you get down to the short and curlies of it, virtually anything is an open container. In my experience though, generally if you are not a problem, the powers that be will look elsewhere. Just don't be flagrant about it.


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## catfishhunter33 (Apr 6, 2004)

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## -[iRb]-Rob (Apr 15, 2004)

Three weeks ago, I was at Mogadore on my way in @3pm and the rangerS were cruising around checking people, and they stopped the boat near me, asked him to open his cooler. Checked him out pretty good. 

Last week at Ladue, the rangers we in the parking lot sorta questioning everyone and "asking" them open their coolers. Didn't even want to check licenses. 







"drinking's bad, mmm'kay?" - Mr Mackey :S


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## Action (Apr 8, 2004)

People drink on the MWCD Lakes every day and don't cause problems and don't get bothered. Just be smart about it and let the idiots pay the fines.


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## JCS (Apr 14, 2004)

having worked for odnr watercraft while in college. i found it is illegal to have alcohol on state property. the only places allowed to have alcohol on are federal waterways ie. lake erie and rivers, but you still can not be over .08 or it is considered OVI. hope this helps.

JCS


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## mrfishohio (Apr 5, 2004)

Once a while back, that just the action of being on a boat for some length of time is the equivilent of drinking a little. The reason is all the wave movement, takes awhile to get your "land legs" back, so the effect of alcohol is much greater when drinking in a boat than drinking on land. Then you tow the boat home.
Just be cautious and aware. :G


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## flathunter (Apr 5, 2004)

I dont know why anyone would want to tarnish and outdoor experience, by drinking?


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## Action (Apr 8, 2004)

LOL.Are you serious ? I usually don't drink when I fish but I don't think having some beer tarnishes your fishing experience, nor do I believe it tarnishes the football watching experience. If your a blubbering drunk then it will pretty much tarnish everything you do, otherwise I believe a beer is OK. I hope I'm not in trouble for giving my opinion again.


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## flathunter (Apr 5, 2004)

Yea, I am as serious as a heart attack..I dont think Alcohol and the outdoors go together..And I used to be a major drunk so I know first hand..LOL


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## catfishhunter33 (Apr 6, 2004)

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## catcatcher (May 7, 2005)

If you are the owners of boats and enjoy the waterways we have in this great state I applaud you. As I truely do like it and have had aome wonderful experiances on the water in ohio in the past. At the same time tho I would suggest that anyone that owns a boat and have not had the opportunity to take a free course that is offered by the ODNR on the waterway safety. In my times when I was younger I took this course and enjoyed it very much. It teaches you all about ( waterway highway ) and the rules that apply among them is a section on DWI and the laws that pertain to it. Also advises you in the fact that you can and will be arrested as a DUI offender if you are intoxicated and running a boat in the buckeye state. I was stopped on the ohio river in 1996 by the MIGGS County Sheriff Dept and the U.S Coast guard near the greenup dam and given a stern warning about standing up while driving a boat on the ohio river. we had no alcohol on board but was boarded and searched just the same. So in my way of thinking if you want the alcohol leave the boat at the dock or on the trailer there is no need of takeing unnecessary risk. If they catch you the results would be the same as driving on the highway. afterall I know of folks in southern ohio that have been arrested for DUI while enjoying a beer on a sunny afternoon while mowing their lawn on a riding lawn mower 

Please understand this is just my thoughts on the subject. I hope my opponion does not offend anyone 

thank you catcatcher :B


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## mrfishohio (Apr 5, 2004)

I just heard last night that if you are cited in a boat for DWI it goes on your record & your automobile insurance treats it the same as if you were in an automobile...high risk rate from then on.
Simple enough...just act responsibly. Follow the laws and you won't have to worry. Problem is as I see it...the ones with the problem ( and I'm not pointing any fingers-speaking from personal experiance) are the last ones to know they have a problem.


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## catfishhunter33 (Apr 6, 2004)

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:C


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## Fish4Fun (Apr 6, 2004)

androdoug. This has been a good discussion and i think some have learned things they didn't know. Its basically know your waterways and what is allowed and not allowed. And know your limits and behave and you will be ok. 

Back to your discussion if i had a buddy that did something i told him not to be it on my boat or at my home and put me in jepordy as to speak. He would not be coming to my home or out on my boat agian. He should respect your desicion not to take it on your boat. If i go out on someones boat and want a beer with me i would ask if they say no then i won't take it same with smoking i ask first if they say no i don't smoke.


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## 2talltim (May 27, 2004)

i'v heard you can get DUI if you are using a trolling motor or even canoe paddles...if you are in the operation of ANY vehicle....even bicyles


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## ddd (May 12, 2005)

I definitely think in many cases it comes down to how you're behaving. If you have a couple beers out on the boat and are drinking responsibly and not flaunting it, and you get stopped, you're probably just going to be told you can't have beer and get a warning. But if your obnoxious and beligerent then you'll probably be arrested, etc. Personally, I like to wait until afterwards and then have several beers and curse at the fish because i couldn't catch anything.


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## Lewzer (Apr 5, 2004)

Yep, I agree with catcatcher. 
I know of a guy who also got a dui and child endangering charges for having a beer in his hand mowing his own lawn on a riding tractor while his boy was sitting in front of him.
Another guy who got a dui on a moped (20 some years ago). 

And yes a boat is a motor vehicle.


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