(Lake Martin Specific)
111,170 messages
Updated 5/28/2024 5:46:58 PM
Lakes Online Forum
83,644 messages
Updated 5/28/2024 9:14:08 AM
Lakes Online Forum
5,193 messages
Updated 4/3/2024 3:47:36 AM
(Lake Martin Specific)
4,170 messages
Updated 5/28/2024 5:21:13 AM
Lakes Online Forum
4,169 messages
Updated 4/15/2024 11:05:05 PM
Lakes Online Forum
4,261 messages
Updated 5/28/2024 6:31:10 AM
Lakes Online Forum
2,976 messages
Updated 3/20/2024 11:53:43 PM
(Lake Martin Specific)
169 messages
Updated 5/31/2023 1:39:35 PM
Lakes Online Forum
98 messages
Updated 4/15/2024 1:00:58 AM
|
|
|
| Name: |
Osms
- 
|
|
| Subject: |
Boating Drunk
|
|
Date:
|
7/28/2010 5:09:10 PM
|
The link below provides some sobering info--literally. Think of how many times while boating you have approached another boat and wondered which way the driver planned to turn--or if he even knew what he was doing. This "accident" occurred in waters many of us have traveled often. Think of how many times this could have happened on our lake.
URL: Destin, 3 BUI manslaughter convictions.
|
| Name: |
Lifer
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/28/2010 8:56:04 PM
|
I read the report linked above and a question came to mind about Alabama BUI laws. Is the 'Officer Discretion' level at .04 to .079 the same as for DUI? Is there even an Officer Discretion written into the BUI? If so, could you give a breif description of what factors an officer takes into account. I have been surprised before by many folks ignorance on this aspect of DUI/BUI. Most folks think it is black or white at .08 with no grey area.
|
| Name: |
Capt M Brooks
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/29/2010 1:40:57 AM
|
Each time an officer either makes an arrest, writes a ticket or chooses not to do either he's exercising his discretion, but this applies to all laws, not just alcohol laws.
People tend to read a lot into the blood alcohol concentration number, and true enough, the higher the number the more likely that a person is impaired beyond any ability to drive safely or make proper choices. However, I have seen an individual below the .08 level who exhibited signs of impairment much greater than an individual who came in at .12%. The plain fact of the matter is that alcohol affects each individual differently and there are many factors at play with regard to the levels of impairment. It's next to impossible to apply any standard of impairment across the board but all of the DUI and BUI laws that I'm aware of set the legal level of intoxication at .08%. If an individual hits that level or higher then he or she is considered by law to be intoxicated. We give a set of field sobriety exercises that are designed to help us determine impairment in an individual, and we look at how an individual does on all the tests given to make that determination. We take into account nervousness, the actions of the water, the wind, etc., but officer experience also plays a very big part in BUI enforcement.
An individual can be arrested and charged with DUI or BUI no matter the BAC level. In fact, some people refuse to take field tests and are arrested, charged and prosecuted without a BAC reading. It all depends on the totality of the circumstances. Most District courts want to see that .08% or higher level on paper but I have seen many people convicted for DUI and BUI who had a BAC below .08%. Again, it depends on the circumstances.
Our officers take BUI enforcement seriously, as do all of the city, county and state officers that I know. Again, an officer's experiences guide him in his discretion and it doesn't take long in law enforcement to see the dangers and problems caused by people who drink too much and then drive. Alcohol is also a catalyst in many domestic disputes, fights and dumb things that people do on a whim.
One other pretty important factor to consider is boater's fatigue. The rocking of the boat, the wind, the sun...after being in these conditions for hours in a day most individuals would not be able to pass a standard set of field tests such as the walk and turn or one-leg stand, and that's without drinking. Alcohol compounds this phenomenon.
Marine police officers have to exercise sound judgment just about every weekend when it comes to BUI enforcement. Things are different with us than with land officers due to our environment. We can't easily call a wrecker out to the lake to tow a boat or back-up officers to assist with unruly passengers. Many times our folks are alone and not only do they have to worry about testing the subject but if an arrest is made then the officer has to decide what to do with the boat, how to take care of the passengers and how he's going to get the arrestee transported. It can take 2-3 hours at times to get an individual to the county jail after he's arrested. It is a difficult, dangerous time for the officer and the fact that our folks continue to work hard at BUI enforcement is a true testament to the dedication they have to what is becoming more and more a thankless job. Not everyone can do this job and nothing is ever simple it seems. Our officers keep plugging along, though, and I am extremely proud of them for that. Did I mention that at Aquapalooza it was 113-degrees inside those little Sea Ark patrol boats?
I hope i've answered your question or at least given you some idea of how we operate. If you have any additional questions I'd be more than happy to respond.
Matt Brooks
|
| Name: |
CAT BOAT
-
|
|
| Subject: |
WOW......
|
|
Date:
|
7/29/2010 10:48:21 AM
|
What an excellent article/response! Enjoyable reading. Thanks.
|
| Name: |
MrHodja
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/29/2010 10:58:51 AM
|
Please understand that those of us that you are sworn to protect appreciate your presence and your efforts.
THANK YOU!
Nasreddin Hodja
|
You say thankless, but I thank you and your officers. And that was a very good article on the process.
I did think about the heat as I watched you guys patrolling last weekend.
In uniform, in a cramped cabin with no forward moving air and at slow speeds Then just a small fan that must
have blown nothing but hot air, mine was. I felt bad for the conditions you guys were working in.
So I am here to publicly and personally say to you and your officers of the hard work.
Thank you.
|
| Name: |
Aquadelusional
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/29/2010 11:39:41 AM
|
I have heard that the laws on the water where the same as on land ,but also heard that the driver can have an open beer as well as passengers I also heard of a guy at lake harding got a bui on a tube being towed is that possible.I know people have gotten dui on bikes,lawnmowers ect. Please clarify Capt.
|
| Name: |
Capt M Brooks
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/29/2010 10:58:34 PM (updated 7/29/2010 11:00:12 PM)
|
There is no open container law that applies to boats. Alcohol consumption is not illegal aboard a boat or on public waters provided the following: the operator of the boat is not under the influence of alcohol, the persons consuming alcohol are 21, the persons consuming alcohol are not so intoxicated as to present a problem or endanger themselves or others, the boat is not on a body of water that falls within a dry county. We prefer that the operator be stone cold sober and we will test anyone we see operating that we know has been consuming alcoholic beverages. That may very well be an individual's one and only beer for the day but we don't know that.
As far as skiing or being towed, yes, a person can be charged with BUI for being under the influence while they are skiing or being towed. I am not aware of anyone being arrested for this offense on Lake Harding and I have yet to see anyone charged with that offense during my career. However, I can full well see plenty of circumstances where an arrest could and probably should be made.
Persons operating manually propelled vessels (sailboats, canoes, jon boats, kayaks, pedal boats, etc.) can also be charged with BUI. The law makes no distinction between a motorized or non-motorized vessel. I am aware of several successful arrests and prosecutions for this version of the BUI offense.
For what it's worth, it's been my experience that the overwhelming majority of people who are arrested for BUI have prior arrests/convictions on their records, running the full range of criminal offenses. Believe it or not, there are plenty of people who go to the lakes and rivers to get away from law enforcement.
That being said, our feeling is that 95-percent of the people we encounter are good, solid people who would go out of their way to lend a hand if one was needed. It's that 5-percent that tend to ruin things for everyone else, and my position is that we're there to keep the 95-percent safe from that 5-percent.
|
| Name: |
Capt M Brooks
-
|
|
| Subject: |
I will thank you
|
|
Date:
|
7/29/2010 11:11:10 PM
|
And thank you in return. We feel like our biggest supporters are actually the local citizens and people who use Lake Martin. Our main goal in our community oriented policing approach is to be truthful with the citizenry about what we do, what we can and can't do, and what we need. We have established and maintained many excellent relationships with local groups and businesses and I feel that once people really understand how we function and what our limitations are then we can all work together for future improvements.
We've actually received over $8,000.00 in private donations to the Division in 2010 just to be utilized by the officers on Lake Martin. Because of restrictions on government spending due to the economy we haven't been able to use that money but I'm hoping that among the first things we do with it and any future donations is to pay overtime when necessary and one day upgrade the patrol boats to a size more suitable for the conditions our officers work in.
We know there are many people out there who support us and our mission and we are always mindful of that when times get tough. We appreciate their support and hope it continues into the future.
Matt Brooks
|
| Name: |
Maverick
-
|
|
| Subject: |
Boating Drunk, Question for Captain Brooks
|
|
Date:
|
7/29/2010 11:31:29 PM
|
Very well written / said and thank you for everything yourself, Gary, Mark and the other do to protect the 95+% on Lake Martin and throughout the state !!!!!!!!
|
and I like the way you are doing business......sharing information with the public is good for everyone. Anyone can make a mistake, and the info you post can help good folks stay out of trouble. As far as the 5 percenters go, I think we are stuck with them in all aspects of life and I'm glad we have folks like you to deal with them.
|
|
|
New Post
Search
Lake Martin Topics Forum
Reply
»
Alabama Lakes
»
Lake Martin
Login
|
Home
