DUI OWI KAYAK MICIHIGAN — DRUNK CANOE UP NORTH MICHIGAN

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Seriously, I was up north on the rifle river and we were on a kayak. We were drinking on the kayak while our friends followed us on the canoe. The police stopped us on the kayak and canoe and gave us drunk boating. Can they seriously give you a dui/owi for drinking on a canoe and a kayak? I think this is insane that we were camping there and using the rifle river to canoe and they gave us a drunk driving on something that doesn’t even have a motor. I can understand a boat with a motor, but a canoe and kayak??? Please help!!!!

Comments

  1. Peter A. Torrice on July 16, 2011 at 9:01 pm said:

    Thank you for your question to http://www.AllLegalMatters.com. The Michigan criminal defense attorneys at Canu Torrice Law represent clients on OWI charges on boats, kayaks, canoes and every other type of boating alcohol related offense. Unfortunately, drinking on a canoe and or a kayak and operating it is considered a DUI/OWI as well. Below is the statute pertaining to this type of offense.

    324.80176 Operation of vessel by person under influence of intoxicating liquor or controlled substance; violation as felony; penalty.

    Sec. 80176

    (1) A person shall not operate a vessel on the waters of this state if either of the following applies:

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

    (b) The person has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

    (2) The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of this state by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

    (3) A person shall not operate a vessel on the waters of this state when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person’s ability to operate the vessel 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 vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel 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 vessel on the waters of this state under the influence of intoxicating liquor or a controlled substance, or both, or with a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, and by the operation of that vessel 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” includes, but is not limited to, 1 or more of the following:

    (a) Loss of a limb or use of a limb.

    DRUNK BOATING

    (b) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

    DUI BOATING

    (c) Loss of an eye or ear or use of an eye or ear.

    RECKLESS BOATING

    (d) Loss or substantial impairment of a bodily function.

    MICHIGAN BOATING LAWS

    (e) Serious visible disfigurement.

    GREAT LAKES BOATING

    (f) A comatose state that lasts for more than 3 days.

    (g) Measurable brain damage or mental impairment.

    (h) A skull fracture or other serious bone fracture.

    (i) Subdural hemorrhage or subdural hematoma.

    The key term in this situation is vessel. A kayak and a canoe and any type of boat would be considered a vessel. A “Vessel” is defined broadly enough to include
    any manner of watercraft capable of being used for transportation. Therefore jamiebuff you have an issue with your arrest. The good thing is that we are here to help you get through this. Please call the law office at the number below to set up an appointment to discuss this situation. For more information you can look at the following article to get a better idea of the issues and laws surrounding this type of OWI DUI on a kayak/canoe in Michigan. http://www.michbar.org/journal/pdf/pdf4article1300.pdf. Thanks again for your post.

    Peter A. Torrice
    Canu Torrice Law
    586-285-1700
    http://www.AllLegalMatters.com

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