Governor Jerry Brown has just signed into law SB 65 [Hill] in the form that reflects revisions negotiated by RBOC.
Therefore, it does not contain the provision that would have made driving or operating a boat or vessel, while drinking any alcoholic beverage, punishable as either an infraction or a misdemeanor.
As enacted into law, SB 65 will make drinking an alcoholic beverage or smoking or ingesting marijuana or any marijuana product while driving, or while riding as a passenger in, a motor vehicle being driven upon a highway or upon specified lands punishable as an infraction.
RBOC appreciates Senator Jerry Hill's recognition that the current, extensive provisions of state law strike a balance that prevents boating under the influence [BUI], effectively enforces the extensive state BUI laws, and acknowledges the boating experience.
As set forth on the state Division of Boating and Waterways website, the state BUI laws include:
No person shall operate any vessel, water skis or similar device while under the influence of intoxicating liquor or drugs. No person who is addicted to any drug shall operate any vessel, water skis or similar device.
No person 21 years of age or older shall operate any vessel, water skis or similar device who has 0.08 percent or more, by weight, of alcohol in his or her blood.
A level of at least 0.05 percent, but less than 0.08 percent, may be used with other evidence in determining whether the person was under the influence of alcohol.
A person under 21 years of age or older who has been arrested for operating a mechanically propelled vessel “under the influence” may be requested to submit to a chemical test to determine blood-alcohol content.
- A person convicted of operating a vessel while intoxicated could receive up to a $1,000 fine and six months in jail.
No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.
Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.
No person under 21 years of age may operate a vessel, water skis or similar device who has 0.01 percent or more of alcohol in his or her blood by weight.
Penalties may include a fine of up to $250 and participation in an alcohol education or community service program.
In addition to supporting these laws, boaters are doing our part financially. Several million dollars are provided to local boating enforcement each year in the form of boater-derived state fuel tax dollars and registration fees.
RBOC was also concerned that the proposed prohibition in an earlier version of SB 65 would have applied regardless of whether the boat is actively underway, and that the measure did not provide clarity on who would be considered the operator of a boat in the situations where there are multiple individuals on-board and vessels with multiple helms.
It should also be noted that the conditions of operating a boat on most waterways under regional or state jurisdiction are far, far different from the operation of a motor vehicle on restricted roadways.
The speed of operation and distances between boats or obstructions normally provide ample time for operators who are not "under the influence" to avoid dangerous circumstances while at the same time sipping a beer, glass of wine or cocktail at the helm of a vessel heading back to port after a day cruising.