# Lake Erie/Ohio open container rules



## aquaholic2 (Feb 17, 2010)

Just curious if anyone knows how the various water patrol units react to an open container of an adult beverage on a boat..? Areas of concern would be both out on the lake/fishing/swimming at anchor, underway, and also tied to a dock. Beer, wine or even hard liquor.... I know there is a problem with the "Operator" being above the legal BAC....but how about an open container and "others" indulging.... ?


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## Popspastime (Apr 1, 2014)

No problem with passengers but operator a no no. If in Canadian waters all alcoholic prohibited on any vessel.
Also.. carries all the same penalties as Driving your car, DUI fines, Jail time, High risk,.. same exact thing. Over 90% of all boating accidents are alcohol related and Ohio Watercraft really dwells on it.


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## Irishtrooper (Jun 28, 2016)

Active USCG here. Open containers are allowed by all on board by federal law. As long as the operator is not over a .08 bac they can drive the boat. If a passenger is viewed telling the person actually behind the wheel where to go (giving directions or instructions) they too are considered the operator and can be charged with ovi even if the person at the wheel is sober. Odnr did have the same standards but I can't tell you for certain if it differs (check with them so you don't get hemmed up) but by federal standards you're good; you will be put through tests if we see you operating even if it is your first. Please take this with caution. We want all to make it to port safely and a sober operator is always the best option.


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## aquaholic2 (Feb 17, 2010)

Irishtrooper said:


> Active USCG here. Open containers are allowed by all on board by federal law. As long as the operator is not over a .08 bac they can drive the boat. If a passenger is viewed telling the person actually behind the wheel where to go (giving directions or instructions) they too are considered the operator and can be charged with ovi even if the person at the wheel is sober. Odnr did have the same standards but I can't tell you for certain if it differs (check with them so you don't get hemmed up) but by federal standards you're good; you will be put through tests if we see you operating even if it is your first. Please take this with caution. We want all to make it to port safely and a sober operator is always the best option.


Thanks Irish.......what station do you base at..? As you know and others might learn here my water ( Marblehead) Island area of Erie is consistently the highest citation area in the US for BAC incidents. There have been publicized contradictions in enforcement over the last several years and it leaves us "honest" boaters in limbo. I'll ask again...if my vessel is boarded and an open bottle of hard liquor is found below deck, is this a problem...?


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## aquaholic2 (Feb 17, 2010)

Irishtrooper said:


> Active USCG here. Open containers are allowed by all on board by federal law. As long as the operator is not over a .08 bac they can drive the boat. If a passenger is viewed telling the person actually behind the wheel where to go (giving directions or instructions) they too are considered the operator and can be charged with ovi even if the person at the wheel is sober. Odnr did have the same standards but I can't tell you for certain if it differs (check with them so you don't get hemmed up) but by federal standards you're good; you will be put through tests if we see you operating even if it is your first. Please take this with caution. We want all to make it to port safely and a sober operator is always the best option.


 I just have to ask a question many may wonder about from your response....just how would an officer know that a passenger was giving "directions" from any distance....^%$#@[email protected]!#$$'''''?


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## Popspastime (Apr 1, 2014)

aquaholic2.. I used to run watercraft on trips and still have friends there and I can assure you, an open container is legal in your boat on Ohio waters (unless otherwise publicized) parks and such. As long as the "Operator" is legal and is NOT toasting the Watercraft guys as they pass, you won't have a problem. If you are made fast or at your dock, knock yourself out, but as soon as you get "underway" your fair game.


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## snagless-1 (Oct 26, 2014)

I don't understand people ,save the booze for after fishing.I was perch fishing, anchored off Cleveland with about 200 boats.A clear sunny day, and all of a sudden a 40 ft yacht coming at anchored boats at about 30 mph.We started yelling and waving our arms and at the last second he swerved about 50 ft from my boat being the closest. He tossed a beer bottle out of the boat circled and made another run.Sure enough very close and one hell of a wake, I felt like a float in a tub being tossed around.A lot of us got on the radio and called him in.I had a rod with a sinker on it and his second pass I cast it in front of his boat, motor picked it up and took sinker and 200 yards of mono. It made him stop and as he was looking at the motor the Coast Guard came.Save your drinking for off the water.Think and live.


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## bustedrod (May 13, 2015)

sounds like that knuckle head that did that to us in front of the light out of brattanal , high sided me so bad I fell an broke my rod, I was goin to chase the dirt ball down and and start a war but I told myself stay,just fish...... don't these idiots realize they are responsible for their wake!!!!!


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## bubbster (Jun 2, 2013)

My Uncle and a friend were hit by some guy at night one time . They tried to avoid ,but it was like he followed their lights. A girl on board switched places and said she was driving. They watched them do it! My Uncle felt bad and didn't press the issue of DUI and switching places when the law showed up. It went to court because of damages . Their Attorney rehearsed them so well that they won, because they didn't push things at the scene . Lesson ; give a break to no body! 2 of them on Uncles boat, 4 on the other. The guy was so drunk he could not stand. That's what screws the rest of us!


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## bubbster (Jun 2, 2013)

bubbster said:


> My Uncle and a friend were hit by some guy at night one time . They tried to avoid ,but it was like he followed their lights. A girl on board switched places and said she was driving. They watched them do it! My Uncle felt bad and didn't press the issue of DUI and switching places when the law showed up. It went to court because of damages . Their Attorney rehearsed them so well that they won, because they didn't push things at the scene . Lesson ; give a break to no body! 2 of them on Uncles boat, 4 on the other. The guy was so drunk he could not stand. That's what screws the rest of us!


Oh , it was near Put in Bay.


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## ShaneMC (Nov 27, 2012)

Alcohol ,water and boats do not mix.


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## bustedrod (May 13, 2015)

nope


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