PSA - BUI uptick in local waters

[Reel Addiction]

No one wants intoxicated boaters on the water just as we don't want border line harassment from the officers who's job it is to protect our safety. Just as we have a responsibility to get the intoxicated boater off the water, we should also have a responsibility to single out the harassing behavior of certain law enforcement officers. I have no problem with learning what are rights are in the event of a stop and I have a major problem with BUI operators. This forum is a great resource for information and trends that are occurring with the activity we love. Thanks for all the information and varying opinions. Lets all watch each others backs so we can all be safe on the water.

[WolfeMan]

Here's the part I dont get...

If BUI is as serious as DUI, then why are open containers allowed in boats? I can wave at Johnny Law from the FWC out on the sand bar with a brew in my hand and get a wave back. Try that on Capital Circle...

[Flint River Pirate]

Water only on my boat.

Same here brother!

[Atticus]

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

From what I've seen - Wakulla County. One case I'm familiar with happened in the Wakulla River. The other case happened in Ock. Bay. The "water cooler talk" indicates he may operate in Carrabelle too.

Someone needs to show me where I told people to break the law, or how to break the law, or bashed an officer, in the OP. Law enforcement officers are thoroughly trained in criminal law and procedure so they can gain cooperation/acquiescence to make arrests, gather evidence, and assist prosecutions. Residents should likewise know as much about the law as possible so that their rights are not inadvertently waived or forfeited.

[WolfeMan]

Seen this?

http://www.youtube.com/watch?v=6wXkI4t7nuc

[charlie tuna]

The post reads: "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."

To call out any law enforcement officer on a public forum using his last name is wrong in my book! If you know he is not doing his job correctly, use the proper chain of command and talk to a supervisor. As you said, he is trained to enforce the law, and getting paid to do it. I hate being checked by the FWC because it is usually at a time that inconveniences me, but i know they are random and necessary to make my boating day safer. I carry MORE than enough beer on my boat for anyone fishing with me, but as the owner/operator i do not drink underway.

[cotton]

We often chastise FWC when they ticket us for minor offenses. So here's my final comment:

God bless the FWC and this officer, for concentrating their efforts on a serious crime like BUI. I commend you for your efforts. Keep up the good work you are doing as you attempt to save lives.

[wevans]

Y'all obviously either don't get the point, or don't care too Carry on and good fishin

[slowroller]

Thanks for the heads up Atticus!!!

[BeachRum1962]

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.

I just spent 10 minutes or so typing up a hypothetical but it didn't get posted. Can you please elaborate on how one can respond when asked if drinking? Also what if there are empty cans bottles visible?

[Salty Gator]

The post reads: "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."

To call out any law enforcement officer on a public forum using his last name is wrong in my book! If you know he is not doing his job correctly, use the proper chain of command and talk to a supervisor. As you said, he is trained to enforce the law, and getting paid to do it. I hate being checked by the FWC because it is usually at a time that inconveniences me, but i know they are random and necessary to make my boating day safer. I carry MORE than enough beer on my boat for anyone fishing with me, but as the owner/operator i do not drink underway.

Charley, all he said was that the officer was enforcing the law to the letter. Is that " calling him out"? If you don't drink on the boat at all then your fine. But ( from your post) if you limit drinking, you are probably in violation and need to be checked.
I have been stopped by FWC more than my fair share. In fact, if they look at me, I power down and head toward them to see if they would like to check me. They have always been nice and professional. They always check safety gear and sometimes fish. I am never impaired when stopped, but if they opened my cooler, they might find a few empties. I've never had a field sobriety test performed after boating. I appreciate a common sense approach, not to give everyone on the water a breathalyzer test. Thanks again Luke for advising us on our personal rights. Some of us appreciate taking time out if your busy day to give us free advice. Hey guys, if you don't like the advice, don't use it.

[charlie tuna]

Saltygator said "
Charley, all he said was that the officer was enforcing the law to the letter. Is that " calling him out"? If you don't drink on the boat at all then your fine. But ( from your post) if you limit drinking, you are probably in violation and need to be checked."

From my post i never limit drinking on my boat, people who fish with me know their limitations -- i supply the food and drinks on my boat and never run out of beer. I like my beer and put(quite) a few down, when i get home! I am the designated driver, thats my responsibility. We have probably all had our fishing days screwed up by drunk boaters. Just consider the ramp issues!! I have seen some people get seriously injured from being drunk while loading and unloading their boats. Just consider "the rules of boating", where you can be held responsible to save another boater's life or he, your's! I believe it is only a matter of time before the "open container law" will apply to boats. Boating accidents are mainly caused by drunk people, and the numbers are steadily increasing. If a law enforcement officer is doing his job, whether it is to "the letter of the law" (---- NOT ABOVE THE LAW) or somewhere less, we shouldn't have a complaint. Remember, us fishermen are paying for all these drunk's accidents, and damage they cause at our fishing facilities and vehicle/trailer accidents. There are times to fish , and times to drink and party.

[Salty Gator]

We can all agree that we don't want drunks on the water. But if you have one or two, an officer with a chip on his shoulder could arrest you. In Luke's OP, he said that the stops were made without any suspicion of wrong doing. Not an obvious drunk that can't load his boat.

[Sun Daze]

Thanks Atticus for advising us of what our rights are! My best friends dad is an attorney in Tallahassee, and ever since we were young he advised us to NEVER consent to a breathalyzer if we had been drinking. Of course we were always told not to drink and drive, which is sound advice, and we have always heeded said advice.

For you holier than thou types bashing Atticus for his advice, you really need to OBJECTIVELY read what he wrote. He is in no way, shape, or form advocating breaking the law, he is simply informing those of us less educated (which is most of us here) about the law and our rights, as to how to conduct ourselves in the case of over zealous officers who may try to bust you for a BUI when you've just opened a beer idling up the river in Carrabelle or Steinhatchee, or wherever.

Again, thank you Atticus for educating us less informed of our rights!

[Steve Stinson]

Thanks Atticus.