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Carry on the Water

rapgood

rapgood

Regular Member
Joined
Jan 9, 2012
Messages
598
Location
Stanwood, WA
EMNofSeattle said:
But DUI in a boat is not charged under 46.61.502...it's charged under 79A.60.040
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Yep. You're right (haven't done a DUI for boats).

Still I believe you enough not to attempt carry on a boat until I get a CPL....
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Good, because RCW § 9.91.020 states:

Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.

And, although part of RCW 9.91.020 was impliedly repealed by the subsequent enactment of RCW 46.61.502 (as held in State v. Wilson, 39 Wn. App. 883, 885 (1985)), 9.91.020 was reenacted in SUBSTITUTE SENATE BILL 5077, Chapter 23, Laws of 2013, overcoming any implication of repeal. If the legislature had wanted to repeal it, this would have been the opportunity. However, 46.61.502 is expressly limited to vehicles on highways (RCW 46.61.005(2)) and 9.91.020 has a wider reach.

Which pretty much, although not dispositively, gives the court a peg to hang its hat on that a boat is a "vehicle" when someone is being prosecuted under Title 9.41 for unlawful carry.
 
Freedom1Man

Freedom1Man

Regular Member
Joined
Jan 14, 2012
Messages
4,462
Location
Greater Eastside Washington
rapgood said:
Yep. You're right (haven't done a DUI for boats).



Good, because RCW § 9.91.020 states:

Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.

And, although part of RCW 9.91.020 was impliedly repealed by the subsequent enactment of RCW 46.61.502 (as held in State v. Wilson, 39 Wn. App. 883, 885 (1985)), 9.91.020 was reenacted in SUBSTITUTE SENATE BILL 5077, Chapter 23, Laws of 2013, overcoming any implication of repeal. If the legislature had wanted to repeal it, this would have been the opportunity. However, 46.61.502 is expressly limited to vehicles on highways (RCW 46.61.005(2)) and 9.91.020 has a wider reach.

Which pretty much, although not dispositively, gives the court a peg to hang its hat on that a boat is a "vehicle" when someone is being prosecuted under Title 9.41 for unlawful carry.
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Then it would not apply to ICE (Internal Combustion Engine) powered vessels.

The effect of the law in cases where wording is used such as it was here, it limited to what is listed.
 
amlevin

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
Update---

Washington's new BUI law takes effect today.

Summer has finally arrived in the Pacific Northwest, and with it will be boats and boating families on lakes all across the USA. But if you plan on boating on lakes in Washington State, the Washington State Parks and Recreation Commission would like to remind you that there’s a new boating under the influence (BUI) law coming into effect as of July 28th, 2013. Although the current laws state that boating under the influence is a misdemeanor, with the new BUI law the classification will become a gross misdemeanor. In addition, the new laws have added an implied consent factor which states that anyone who is suspected of operating a boat under the influence in Washington state will be required to undergo BAC testing. If the individual refuses to take the test, they will be guilty of a Class 1 civil infraction and must pay up $1000 in fines. Longer duration of jail time is now on the agenda with Washington State’s new BUI laws, and an offender will be punished with up to 364 days in prison and be required to pay up to $5000 in fines. It’s the hope of Washington lawmakers and the U.S. Coast Guard that the new BUI laws will decrease the amount of irresponsible boaters and make the water safe for everyone looking for a bit of summer fun. - See more at: http://www.lifesafer.com/blog/new-b...ect-in-washington-state/#sthash.BhuA4pwm.dpuf
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About the only difference now between the two, Cars and Boats, is that you can drink while operating a boat where you get nailed for open containers in a car.

Better not cross that .08 line though so make sure that beer lasts all day :)
 
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