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Things You Should Know About Boating and Drinking


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Boating and Drinking

When boating and you’re the captain – drink all you want and if you’re driving – drink as much as you can because it’s hot out there. Just make sure it’s non alcoholic because nothing but a boatload of trouble comes with being arrested for skippering while under the influence. That means cannabis consumption too. Under the influence is a broad term but with specific rules. You could be under the influence of bad gas station sushi. Will you get in trouble for polluting the waters if you’re making an uncontrolled release into the environment ? If you’re under the influence you might. But that’s another subject. We are here for boating and drinking for now.

If it hasn’t been beaten into your skull a thousand times that drinking and boating is just as deadly as drinking and driving then where have you been hiding? Because it sounds like a good place to hang out. According to the U.S. Coast Guard alcohol-related accidents are the leading cause of boating fatalities. Furthermore, operating a boat under the influence of drugs or alcohol is a violation of Michigan’s boating alcohol laws and not knowing it’s against the law is not a good excuse.

If you have been accused of boating under the influence of alcohol or impaired by drugs contact our office now.

Michigan Boating Laws

  (1) A person shall not operate a motorboat on the waters of this state if any of the following apply:

  (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.

  (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (c) The person has in his or her body any amount of a controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

NOTE: Marijuana is still on the Michigan controlled substance list even though it is “legal” as of this posting even though the team at Komorn Law has tried to have it removed.

  (2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply:

  (a) The person is under the influence of alcoholic liquor or a controlled substance, or both.

  (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (c) The person’s ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.

  (3) A person shall not operate a motorboat on the waters of this state when, due to the consumption of an alcoholic liquor or a controlled substance, or both, the person’s ability to operate the motorboat is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

  (4) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.

  (5) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

  (6) A person who is less than 21 years of age, whether licensed or not, shall not operate a motorboat on the waters of this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:

  (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

  (b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

Hmm… to 6b and if you got a kid under 16 with you you might as well add child endangerment charges to the book they are going to throw at you. Meanwhile in crazy town the guys with 150, 000 fentanyl pills get released. Meanwhile in other parts of crazy country – life sentences for marijuana.

  (7) A person, whether licensed or not, is subject to the following requirements:

  (a) He or she shall not operate a motorboat in violation of subsection (1), (3), (4), or (5) while another person who is less than 16 years of age is occupying the motorboat.

  (b) He or she shall not operate a motorboat in violation of subsection (6) while another person who is less than 16 years of age is occupying the motorboat.

  (8) As used in this section, “operate” means to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.

If you are from the future. Please check the websites for any updates or new laws
Boat Laws: http://legislature.mi.gov/doc.aspx?mcl-324-80176

If you or someone you know has been accused of a crime, DUI or
operating a motor vehicle under the influence of a controlled substance.
Contact Komorn Law PLLC and turn your defense into an offense.
Call Now 248-357-2550

Here is the list of alcohol restrictions by park

For the purposes of safety and creating a more welcoming environment for boaters. Possessing or consuming alcoholic beverages within the following described locations on April 1 through Labor Day without written authorization of the park manager is against the law.

  • Fort Custer Recreation Area – entire park.
  • Holly Recreation Area – day-use areas south of McGinnis Road.
  • Island Lake Recreation Area- day-use areas in park, excluding rented shelters.
  • Metamora-Hadley Recreation Area – day-use areas in park.
  • Muskegon State Park – day-use area.
  • Pinckney Recreation Area – rented shelters in the Silver Lake and Halfmoon day-use areas.
  • P. J. Hoffmaster State Park – campground.
  • Proud Lake Recreation Area – day-use area east of Wixom Road.
  • Seven Lakes State Park – day-use areas of the park.
  • Sterling State Park – day-use areas in park.
  • Van Buren State Park – day-use and beach area.
  • Yankee Springs Recreation Area – Gun Lake day-use area.

March 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:

  • Grand Mere State Park – entire park.

April 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:

  • Brighton Recreation Area – Bishop Lake day-use area.
  • Warren Dunes State Park – entire park.

You may not possess or consume an alcoholic beverage at any time within the following described locations, without written authorization of the park manager:

  • Belle Isle Park – entire park.
  • Dodge #4 State Park – entire park.
  • Grand Haven State Park – entire park.
  • Holland State Park – entire park.
  • Maybury State Park – entire park.
  • Pontiac Lake Recreation Area – day-use areas in the park.
  • William G. Milliken State Park and harbor – entire park/harbor.
  • Yankee Springs Recreation Area – Deep Lake campground, mountain bike parking lot and boating access site 8-18.

Consuming alcoholic beverages or possessing an open alcoholic beverage are not allowed at locations below. This prohibition does not apply while on a vessel.

  • Big lake boating access site 3-1, section 14, T2N R12W, Allegan County
  • Green lake boating access site 3-4, section 10, T4N R11W, Allegan County.
  • Lake sixteen boating access site 3-9, section 16, T2N R11W, Allegan County.
  • Irving road boating access site 8-5, section 31, T4N R9W, Barry County.
  • Bristol lake boating access site 8-11, section 10, T1N R8W, Barry County.
  • Airport road boating access site 8-32, section 10, T3N R9W, Barry County.
  • Benton harbor boating access site 11-12, section 24, T4S R14W, Berrien County.
  • Jasper dairy road boating access site, 11-13, section 27, T5S R18W, Berrien County.
  • Buchanan boating access site 11-8, section 23, T7S R18W, Berrien County.
  • Goguac lake boating access site 13-2, section 14, T2S R8W, Calhoun County.
  • Hemlock lake boating access site 14-7, section 3, T5S R13W, Cass County.
  • Lake Fenton boating access site 25-2, section 14, T5N R6E, Genesee County.
  • Lake Ponemah boating access site 25-3, section 22, T5N R6E, Genesee County.
  • Long lake boating access site 34-2, section 3, T8N R7W, Ionia County.
  • East Tawas mooring facility (May 15 to Sept.15), Iosco County.
  • Sherman lake boating access site 39-2, section 29, T1S R9W, Kalamazoo County.
  • Morrow pond boating access site 39-5, section 22, T2S R10W, Kalamazoo County.
  • Eagle lake boating access site 39-6, section 9, T3S R12W, Kalamazoo County.
  • Rupert lake boating access site 39-9, section 5, T1S R12W, Kalamazoo County.
  • Sugar loaf lake boating access site 39-11, section 5, T4S R11W, Kalamazoo County.
  • Austin lake boating access site 39-14, section 26, T3S R11W, Kalamazoo County.
  • Murray lake boating access site 41-1, section 33, T8N R9W, Kent County.
  • Campau lake boating access site 41-2, section 12, T5N R10W, Kent County.
  • Camp lake boating access site 41-4, section 18, T9N R11W, Kent County.
  • Harley Ensign memorial boating access site 50-1, section 15, T2N R14E, Macomb County.
  • Selfridge boating access site 50-3, section 5, T2N R14E, Macomb County.
  • Clinton river cutoff boating access site 50-7, section 30, T2N R14E, Macomb County.
  • Little Whitefish lake boating access site 59-9, section 8, T11N R10W, Montcalm County.
  • Orchard lake boating access site 63-1, section 14, T2N R9E, Oakland County.
  • Tackles drive boating access site 63-4, section 13, T3N R8E, Oakland County.
  • Tipsico lake boating access site 63-18, section 30, T4N R7E, Oakland County.
  • Lake George boating access site 65-16, section 18, T21N R2E, Ogemaw County (May 20 through Sept. 15).
  • Lake St. Helen boating access site 72-14, section 21, T23N R1W, Roscommon County (May 20 through Sept. 14).
  • Klinger lake boating access site 75-2, section 2, T8S R11W, St. Joseph County.
  • Fishers lake boating access site 75-3, section 34, T5S R11W, St. Joseph County.
  • Clear lake boating access site 75-4, section 17, T6S R12W, St. Joseph County.
  • Gravel lake boating access site 80-3, section 31, T4S R13W, Van Buren County.
  •   Van Auken boating access site 80-7, section 33, T2S R16W, Van Buren County.
  • Three mile lake boating access site 80-8, section 21, T3S R14W, Van Buren County.
  • Lake Cora boating access site 80-10, section 18, T3S R14W, Van Buren County.
  • North Channel boating access site 74-1, section 9, T2N R16E, St. Clair County.

If you are from the future. Please check the websites for any updates or new laws
Parks: https://www.michigan.gov/dnr/places/state-parks/rules/alcohol-restrictions

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DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

The post Things You Should Know About Boating and Drinking appeared first on Komorn Law.

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