PSA - BUI uptick in local waters

[Atticus]

I have been seeing a lot more of these this summer. Traditionally there seemed to have been a "don't show your ass and you won't get messed-with" norm of practice in the Big Bend area. This summer FWC, or at least an officer named Raker from FWC, seems to be intent on enforcing the absolute letter of the law when it comes to arresting local boaters for BUI. The vessel stops are generally without any suspicion of wrongdoing and premised on FWC's mandate to perform vessel "safety checks". Investigation generally continues after the FWC officer claims he can smell alcohol on the vessel operator. Nobody from BBF has been involved as far as I know. This is 100% information I have picked up in practice.

Everything I am going to say applies in FL only. Everything I am going to say applies to stop and investigation scenarios only and not to accident/crash scenarios where the law is different in a few aspects.

In the spirit of keeping my BBF friends away from some of Florida law's more unfair and non-sensible criminal regulations; I will offer the following general words:

You are never under any obligation to perform field sobriety exercises when "asked" by law enforcement. This goes for both automotive and boating scenarios.

In a boating scenario; refusal to submit to a breath test will not result in a suspension of your drivers license (as opposed to a car scenario where it generally will).

You are not under any obligation to answer questions about your alcohol consumption when "asked" by law enforcement. This goes for both automotive and boating scenarios.

If State government chooses to enforce the law to its absolute letter; residents should be prepared to become familiar with and assert their rights. You are not normally protected by rights about which you are unaware.

Stay safe and catch em' up.

Reason for edit - I can't type.

[Gulf Coast]

Yep, he has a rep. down there...I remember others before him

[Salty Gator]

Thanks for the heads up Luke. Do you know where Officer Raker generally patrols?

[Dubble Trubble]

Yep, amazing at some of the richardheads (sic) that FWC hires....

On the flip side, I have also been aquainted with some that are very polite and have had no problems with. We have the same issues up here in Ga. There is a prick in the Lake Seminole area.... I had a run with him because I did not have my top (out of 5) buckle snapped on my Jetski vest.....


Dubble

[charlie tuna]

DUI - BUI - MUI -- it's all the same. And the law is the same for all of them. There is a reason for these laws. I like to have a few beers like most people, but i have a responsibility to others on my boat, AND/OR others on the water to limit or not drink while operating a vehicle. I have a zero tolerence concerning myself, that has not always been my lifetime practice, but after seeing some serious marine accidents i have changed my options. Law enforcement has a job to do, to badmouth one for doing his job sucks!

[Harmsway]

Us lawbreakers gotta stick together. :twisted:

Fishin' is the mission.

[Golforfish?]

DUI - BUI - MUI -- it's all the same. And the law is the same for all of them. There is a reason for these laws. I like to have a few beers like most people, but i have a responsibility to others on my boat, AND/OR others on the water to limit or not drink while operating a vehicle. I have a zero tolerence concerning myself, that has not always been my lifetime practice, but after seeing some serious marine accidents i have changed my options. Law enforcement has a job to do, to badmouth one for doing his job sucks!

I have lurked these forums for over a year and this is the first post I felt compelled to reply on.
Charlie Tuna I could not agree with you more. I am sick of seeing irresponsible drunk boaters out on the water. This officer is doing us all a favor by trying to keep the waterways safer. As a law abiding citizen if I am ever to be stopped by this man I will thank him for keeping my waters safe.

[cotton]

I personally think topics on how to break the law and get away with it, have no place on a sportsmen's board.

fyi -My sister, was a few months away from college graduation at 19, when she was killed by a drunk driver.

[JPVolunteer]

Water only on my boat, don't worry about this stuff any more. 25 years ago I would have been a prime candidate for this guy.

[wevans]

DUI - BUI - MUI -- it's all the same. And the law is the same for all of them. There is a reason for these laws. I like to have a few beers like most people, but i have a responsibility to others on my boat, AND/OR others on the water to limit or not drink while operating a vehicle. I have a zero tolerence concerning myself, that has not always been my lifetime practice, but after seeing some serious marine accidents i have changed my options. Law enforcement has a job to do, to badmouth one for doing his job sucks!

I have lurked these forums for over a year and this is the first post I felt compelled to reply on.
Charlie Tuna I could not agree with you more. I am sick of seeing irresponsible drunk boaters out on the water. This officer is doing us all a favor by trying to keep the waterways safer. As a law abiding citizen if I am ever to be stopped by this man I will thank him for keeping my waters safe.

Y'all agree that "the law is the law" and yet you want to bash Luke for telling us what the law is!! GMAFB!!! I don't think that anyone on here wants a drunk on the water with us, but there is a huge difference between being drunk and drinking a few. I for one am very thankful for Luke's willingness to share his knowledge on this matter and would hope that those speaking against him would reexamine their thoughts on THE LAW

[MudDucker]

I personally think topics on how to break the law and get away with it, have no place on a sportsmen's board.

fyi -My sister, was a few months away from college graduation at 19, when she was killed by a drunk driver.

I am very sorry that you lost your sister in this way. It is a serious problem.

However, there is NOTHING in this thread advising anyone on how to break the law and get away with it. Another attorney gave a free heads up on what a person's rights are. That is not advising how to break the law. It is advising of what IS the law. In America, we are innocent until proven guilty and we have NO duty to aid law enforcement in making a case against us.

Oh and before you get the wrong idea, I do not drink alcohol, smoke dope or take recreational drugs.

[JCC]

I don't think anyone is encouraging anyone to break the law. There is no boat open container law or prohibition against having a beer while fishing. The post just says what your rights are. In a stop situation, the rights belong to the suspect, not the officer. You have the right to remain silent. You do not have to answer questions about how many you had, or say abcs, stand on one foot, let him shine light in your eyes, or blow in the handheld sensor. He'll still arrest you. But when the judge asks how he determined you were impaired, you have not voluntarily helped him along. You have the right not to do that. That's what I gather from the original post. Luke, correct me if I am wrong.

I could tell you plenty of stories about officers with unpure motives.

[SHOWBOAT]

DUI - BUI - MUI -- it's all the same. And the law is the same for all of them. There is a reason for these laws. I like to have a few beers like most people, but i have a responsibility to others on my boat, AND/OR others on the water to limit or not drink while operating a vehicle. I have a zero tolerence concerning myself, that has not always been my lifetime practice, but after seeing some serious marine accidents i have changed my options. Law enforcement has a job to do, to badmouth one for doing his job sucks!

I have lurked these forums for over a year and this is the first post I felt compelled to reply on.
Charlie Tuna I could not agree with you more. I am sick of seeing irresponsible drunk boaters out on the water. This officer is doing us all a favor by trying to keep the waterways safer. As a law abiding citizen if I am ever to be stopped by this man I will thank him for keeping my waters safe.

Y'all agree that "the law is the law" and yet you want to bash Luke for telling us what the law is!! GMAFB!!! I don't think that anyone on here wants a drunk on the water with us, but there is a huge difference between being drunk and drinking a few. I for one am very thankful for Luke's willingness to share his knowledge on this matter and would hope that those speaking against him would reexamine their thoughts on THE LAW

This. Atticus is advising as to your rights. Could be the right to carry, free speach or this case due process and search and seizure. Thanks Buddy!

[lonesouth]

It may not be understood, but Mirandizing a suspect does not grant that person rights, it is simply a reminder of the rights granted them by the laws of this country. This situation is no different, except that the officer has no requirement to remind you that you can deny the test before requesting you take one. Knowing your rights and asserting them does not make you a criminal.

[JCC]

I tell my children--do not drink and drive--just don't. But if the day comes that you violate that instruction, know what your rights are. Very politely and respectfully assert and stand on those rights. You are already in a bad situation. You are not required to make it worse. At that point you are not playing for innocence, but you are playing for a bargaining chip. If all he has is a random "safety check" stop, or tail light out, or random roadblock stop, you are most likely still going to jail; but you might get a chip or two to play as the "prosecution" plays out.