Is it legal to drink while crabbing in a rental boat in NJ?

[Camellite1988]

Is it legal to imbibe while crabbing in a rental boat in NJ?

We've been crabbing everywhere from NY to the Carolinas, always with a cooler full of ice cold beer and its never been a problem but my co-worker tells me otherwise.  He says that in NJ, you can't have an open container of alcohol in a boat, motor or not.
Is this true?

[Dreampixels]

Is it legal to imbibe while crabbing in a rental boat in NJ?

We've been crabbing everywhere from NY to the Carolinas, always with a cooler full of ice cold beer and its never been a problem but my co-worker tells me otherwise.  He says that in NJ, you can't have an open container of alcohol in a boat, motor or not.
Is this true?

Drinking  while boating is a bad idea - however if you wish to KNOW for sure, just call the NJ State Police and asked them - if they do not know I am sure they can put you in contact with the people who do.

I would not risk it on someones say so.

[woogiebear]

I agree it's really a bad idea.  Especially with the crowds and heat latley.  Do a quick search and you will see a debate on this topic not long ago.

[Ronster]

It's technically illegal to have an open container in any vehicle in NJ, including a boat.

http://www.duinewjersey.org/

[Ronster]

http://www.state.nj.us/mvc/pdf/About/boatingsafety.pdf

Some other info here.

[nadapesca]

Just the operator of the vessel must abstain. The passengers can drink. Almost all party boats advertise on their sites the alcohol that they're willing to tolerate, which in print is not much, but in reality turns into a nightmare sometimes (ever been on a night bluefishing trip?). The CG or the Marine Police would not let them advertise or allow it if it were illegal. I go on party boats frequently and believe me, they're always worried about doing the right thing as boarding by authorities is always a concern. I've watched passengers on different boats with beer in the hands go by the Marine Police Station Pt. Pleasant, while raising those cans in a cheer, and not drawing a response from an MP boat pulling out into the canal. But a case in a row boat? Hope ya don't get run down.

[Ronster]

Makes you wonder if it's one of those laws thats on the books but never enforced...

[nadapesca]

Makes you wonder if it's one of those laws thats on the books but never enforced...

No, because the boater's saftey course said specifically operator of vessel, not passenger. Now that doesn't mean that the MP or CG can't arrest some idiot drunken passenger that might be endangering the crew or vessel. That's why all the boats have rules (hardly enforced though).

[jason22]

Makes you wonder if it's one of those laws thats on the books but never enforced...

From what I can gander there is no law, as long as you are not boozing and driving the boat you are fine.   DWI laws apply to any mobile conveience whether its a tricycle or a plane.

I know people that always hit a cove in the Brick section of the Barnegat called F Cove.  It's well known there is no enforcment for anything taking place there.  Just hope people don't start acting a fool !

[code33]

if u are drunk in a boat u will get a DWI. boat are the same as car i know because I'm a law enforcement officer and seen it done b 4 if u injury or kill someone u will b lockup and charge with some types of man slaughter. sorry 2 b so blunt but it better to now b4 u go.

[Ronster]

Interesting article about drinking and boating in NJ and a good follow up to this thread.

http://www.pressofatlanticcity.com/news/top_three/article_926bd44e-a4ea-11df-99e3-001cc4c002e0.html

[squidly]

you also have to be careful where you are at.  for example, dividing creek is all state area, no alcohol allowed on state property. back in corson game preseve also no alcohol. that means you can't even have it with you.  fines are heavy too.  and yes  it's the same as driving a car in nj 

[saltysenior]

if u are drunk in a boat u will get a DWI. boat are the same as car i know because I'm a law enforcement officer and seen it done b 4 if u injury or kill someone u will b lockup and charge with some types of man slaughter. sorry 2 b so blunt but it better to now b4 u go.

did u mean drunk in a boat.....or drunk driving a boat ?

[antman]

if u are drunk in a boat u will get a DWI. boat are the same as car i know because I'm a law enforcement officer and seen it done b 4 if u injury or kill someone u will b lockup and charge with some types of man slaughter. sorry 2 b so blunt but it better to now b4 u go.

You write like this and you're an officer

I'd hate to be your supervisor

[squidly]

    

[code33]

if u are driving a boat  and u r drunk u go 2 jail  same as a car,if u r drunk in a boat u could go 2 jail it depend on u . it is an enforceable law now a days

[ILLSWIMHOME]

Interesting article about drinking and boating in NJ and a good follow up to this thread.

http://www.pressofatlanticcity.com/news/top_three/article_926bd44e-a4ea-11df-99e3-001cc4c002e0.html

  Good read Ron.  Thanks!

[saltysenior]

if u are driving a boat  and u r drunk u go 2 jail  same as a car,if u r drunk in a boat u could go 2 jail it depend on u . it is an enforceable law now a days

if i was drunk in a boat but not driving it,why do i go 2 jail

[ILLSWIMHOME]

if i was drunk in a boat but not driving it,why do i go 2 jail

Being drunk, you won't 

Being disorderly you can. 


Not worth it either way.  The water is too unforgiving.

[saltysenior]

Being drunk, you won't 

Being disorderly you can. 


Not worth it either way.  The water is too unforgiving.

o k i understand the disorderly bit.............this is what i was asking about.....if your obliviously drunk,and minding your own business  sitting on a park bench in town you can be arrested and be charged with public intoxication .......now how about being obliviously drunk while sitting in your friends boat.?  does the sanctity of being in a boat or RIDING in a car protect one from prosecution ? 

[joepe]

YOU SHOULD NEVER BE INTOXICATED WHILE ON THE WATER.  YOU WILL BE A DANGER TO YOURSELF AND TO OTHERS- INCLUDING SOMEONE WHO MAY HAVE TO RESCUE YOU, ONE OF YOUR PASSENGERS, OR SOMEONE ON ANOTHER BOAT THAT YOU COLLIDE WITH!

That said, you are permitted to have open containers of alcohol (i.e. beer) while on a boat under certain conditions. It also depends on whether you are a passenger or the operator of the boat and whether or not the boat is "under way"  (if you are moving you are considered as being "under way".  This includes under power, sail, rowing or even just drifting).  You are not considered to be "under way" if the boat is anchored or is tied to a dock.

How it was explained to me:

If you are the operator of the boat ("under way") and you have an open container of alcohol in your possesion (in your hand) while the boat is "under way" its the same as having an open container of alcohol in a car. 

If you are the operator a boat ("under way") and the open container is within your reach - even if you are not physically holding it-it's the same as having an open container of alcohol in a car.

If you are operating the boat (the boat is "under way") and are found with a blood alcohol of .08 or above, you are a DUI just like a car.
Fines and penalties increase for higher BAC & repeat offenses.  Any offenses go against your Driver's license as well, and your auto insurance will be hit with a surcharge.

The only time an operator of a boat can have an open container of alcohol in his possession and not be in trouble is if the boat is anchored or tied to a dock (not "under way") and presumably you are not "operating" anything.

Passengers are ok whether the boat is "under way" or not.
 If the boat is drifting...I'm not sure who would be considered the "operator", but it might be up to the officer's discretion based on where you are in the boat (i.e. who is closest to the controls).

SO  use your common sense out there for your own sake and the sake of everyone else around you.  Things can go bad reallly fast when water is involved even with out alcohol in the mix.

[Ronster]

Thanks for the update.