Join Date: Jul 2012
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Re: Am I an 'operator' at anchor?
Under my state's law, you may not "operate" a vessel while under the influence, and operate "means to navigate or otherwise use a motorboat or vessel."
I would say that being at anchor is not "navigating" but it could be construed as "using" a vessel (the definition of vessel includes sailboats). It would take a court to ultimately determine that issue, and it doesn't appear to have been resolved in our courts.
Can't you get a DUI if you're sitting in your car, drunk, with the keys in the ignition? Or is that only if it's apparent that you had been or were about to drive?