# Legality of drinking on Lake Erie??



## luredaddy (May 25, 2004)

I need documentation showing it is LEGAL to drink on Lake Erie. I have searched the web but cannot find proof that it is legal. I have found where Charter Boat Captains say it is OK to bring beer on board, but to settle a bet, I need some kind of proof. 
Thanks,
John


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## Reel Bad Habit (Feb 9, 2007)

I believe you need to check the laws for Federal waters not Lake Erie itself.


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## catfishhunter33 (Apr 6, 2004)

i just had this discussion with a friend a few days ago but it was on the ohio river.the laws should apply the same but not for sure.

ORC 1547.11 & ORC 1547.111)
No person shall operate or be in physical control of any vessel underway, or manipulate any water skis or similar device, if the person is under the influence of alcohol and/or drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment (youre more inclined to take risks when drinking), and slow reaction time. Alcohol contributes to about one-third of all fatal boating accidents nationwide. Ohio law states that a person is considered to be operating a vessel under the influence of alcohol or drugs if he or she:

Has a blood or breath alcohol concentration of 0.08% or greater *or *
Is under the influence of any controlled substance or any other drug, or any combination of alcohol, controlled substance, or drugs that renders that person incapable of operating safely.
Ohio law further states:

A person under 21 years of age is considered to be under the influence if his or her blood alcohol concentration (BAC) exceeds 0.02%.
Any person who operates a vessel, water skis, or similar device shall be deemed to have given consent to a chemical test or tests of their blood, breath, or urine to determine alcohol or drug content if arrested.
If a person under arrest refuses to submit to a chemical test, the person is prohibited from operating a vessel or water skis or from registering a vessel for a one-year period.
If the person is the owner of the vessel, the registration certificate and tags will be impounded for a one-year period.

Ohio courts impose serious penalties for operating under the influence of alcohol or drugs. Those found guilty can be charged with large fines and may face jail time.
*Incapacitated Operators Prohibited (ORC 1547.12) *

a passenger can have an open container but the operator cant be or have been drinking and be past the limit.


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## luredaddy (May 25, 2004)

"a passenger can have an open container but the operator cant be or have been drinking and be past the limit."

Thanks for the replies. Catfishhunter33, are these your words or from the ORC?? Thanks, John


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## Gju42486 (Mar 7, 2005)

OPERATOR/NAVIGATOR must be under .08 on Lake Erie.


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## peple of the perch (Sep 13, 2004)

The operator of the boat is not allowed to have any alcohol in his or her system. Many people believe that it only applies above the legal limit of .08&#37;
But if you have any alcohol you can be charged with being under the influence.


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## boatnut (Nov 22, 2006)

peple of the perch said:


> The operator of the boat is not allowed to have any alcohol in his or her system. Many people believe that it only applies above the legal limit of .08%
> But if you have any alcohol you can be charged with being under the influence.



here is the law that i copied and pasted from ODNR website. It seems to contradict what you say.

Operating Under the Influence of Alcohol or Drugs Prohibited/Testing
(ORC 1547.11 ; ORC 1547.111)
No person shall operate or be in physical control of any vessel underway, or manipulate any water skis or similar device if the person is under the influence of alcohol and/or drugs. A person is in violation with a concentration of 0.08 or more Blood Alcohol Content (BAC). 

NOTE: Legal limit for persons under 21 years of age is 0.02 Blood Alcohol Content (BAC).

Any person who operates a vessel, water skis or similar device shall be deemed to have given consent to a chemical test or tests of their blood, breath, or urine to determine alcohol or drug content if arrested. If a person under arrest refuses to submit to a chemical test the person is prohibited from operating a vessel or water skis or from registering a vessel for a one-year period. If the person is the owner of the vessel the registration certificate and tags will be impounded for a one-year period.


It is illegal to consume alcohol in most state parks including state controlled lakes and waterways but the Ohio River and Lake Erie are excluded.


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## Snakecharmer (Apr 9, 2008)

boatnut said:


> It is illegal to consume alcohol in most state parks including state controlled lakes and waterways but the Ohio River and Lake Erie are excluded.


Does that mean I can't have a brewski on Mosquito or west Branch? Bummer...


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## catfishhunter33 (Apr 6, 2004)

quote
your words or from the ORC??
a passenger can have an open container but the operator cant be or have been drinking and be past the limit.

my words as explained to me by the cincinnati water patrol.i rarely drink,i was checked on the ohio river,a friend was drinking a budlight when the water patrol spotted him with binoculars.i could have been drinking just cant be over the .08.i took a breathalyzer and was .0000.like i said i rarely drink.they never check him just me as i was the operator him the passenger.

like boatnut states
It is illegal to consume alcohol in most state parks including state controlled lakes and waterways but the Ohio River and Lake Erie are excluded

i would add that most county parks also


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## luredaddy (May 25, 2004)

Thanks everyone!
John


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## ledslinger (Aug 24, 2006)

I was stopped by the coast guard last summer for a safety check---we werent drinking and didnt have anything on board but i asked them about this---you cant blow over a .08 but you also cant be "impaired" as judged by the officer which might be under a .08 for whatever tests they come up with. This influence might be a combination of prescription drugs and alcohol , prescription drugs without alcohol or illegal drugs. But as an operator , you are allowed to consume whatever you want below .08 bac and what they deem impaired as being.
Passengers can be falling down drunk according to the officer as long as they are not the operator of the boat..

Its easier for me to go without.


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## Gju42486 (Mar 7, 2005)

ledslinger said:


> I was stopped by the coast guard last summer for a safety check---we werent drinking and didnt have anything on board but i asked them about this---you cant blow over a .08 but you also cant be "impaired" as judged by the officer which might be under a .08 for whatever tests they come up with. This influence might be a combination of prescription drugs and alcohol , prescription drugs without alcohol or illegal drugs. But as an operator , you are allowed to consume whatever you want below .08 bac and what they deem impaired as being.
> Passengers can be falling down drunk according to the officer as long as they are not the operator of the boat..
> 
> Its easier for me to go without.


this is true. X2.


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## Hetfieldinn (May 17, 2004)

ledslinger said:


> Passengers can be falling down drunk according to the officer as long as they are not the operator of the boat..


If a passenger(s) was 'falling down drunk', couldn't the officer site them for public intoxication, if the officer felt like sticking to the letter of the law?


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## ledslinger (Aug 24, 2006)

Hetfieldinn said:


> If a passenger(s) was 'falling down drunk', couldn't the officer site them for public intoxication, if the officer felt like sticking to the letter of the law?


You are probably right, Steve.

I thought we had 7 different boats that can stop and check you in Lorain harbor for one thing or another and some with contradicting standards. I never did get a straight answer form any of them about an open container.
The dnr boat is going to be more concerned whether you have a fishing license and you arent overbagging while the coast guard couldnt care less about it, but its getting to be a pain just going down the river. I think the sherrif and police boats check for intoxication and are part of homeland security and i dont have a clue what the harbor patrol does.


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