Open Container Law in KY

Kameroo

Kameroo

Member
Feb 1, 2007
690
Louisville, KY
Boat Info
12' Kayaks
Engines
Human
Let me start by saying that the only time I drink on the boat is when it's at my dock.

Heard from a friend who does some Coast Guard Aux. work that KY considers ANY open beverage on a boat to be illegal. KY considers the waterways a public place. Hard to believe that you can't hand the wife a glass of wine, by definition, while doing an evening cruise.

What is your experience with laws like this? Do they really care, or is it a law they can use against you if they see something else (like recklessness or a disturbance). I'm not into the floating parties, but would certainly like to enjoy a glass of wine on the hook for the night.
 
Every state enforcement agency has their own interpretation of their laws. Some Law enforcement types are laid back and easy going. Don't act like jerks on the water and they leave you alone. Behave badly and they will search out the alcoholic beverage because generally it is the root cause of the bad behavior.

As a example I will site a recent experience my neighbor had on Shell Island. He was ticketed for open beverage on the Island which is a state park. After the officer gave him the ticket he advised him to step 3 feet into the water and they did not then have authority to give a ticket since he would not be on park property. :smt018 As you have all seen some of my pictures of the gatherings at shell island, most anchor stern in and hang out on their swim platforms or in floats and the cold adult beverages flow pretty regularly with out incident. :grin:
 
Hey I can't imagine if that passes or is enforces, especially after you at dock , nice and secure and the dusk awaits.
Around here it's common for several couples or groups newly met to merge, mingle and partake in a few beers, glasses or wine while we share boating stories.
 
Stihl's scenario is pretty much the same in Maine. Technically you're not supposed to have open containers while on the hook, (and definitely not while underway), but most time the law enforcement types are pretty laid back. However, if you manage to piss off the "trout troopers", they can and will board, search and cite you.

As seems to be the case in so many things in life, discretion and moderation are the keys................ :grin:

Cheers,

Bill
 
Looks to me that many have hit the head already. When you are checked out, your attitude is everything. Self control and the ability to be polite and answer questions with out giving them a hard time. They are there to protect all of us and hopefully see to it the we make it home. I will say that this year I have seen a huge change in presence in our area. They have set up check points at the water entrance to the marina and on the road entrance 4 times this summer already. The are even cruising the many bays and dropping a guy off at one end and he is walking and checking each site out. We don't have any law here except of course BAC and you can't have drink in your hand while driving but i am sure if enough knuckleheads keep it up that will change.
 
I think this whole thing is a case of a few bad eggs ruining things for everyone..

Last weekend, I was in a 75' wide channel, outside a no wake zone. There is a line of boats ahead and astern. There is also a line of boats coming the other way. We have maybe 50' beam to beam between boats going east and west.

Plenty of space . . . . . .for some NIMROD to come up the middle on full plane . . .geez. :smt013

You know. . .I don't think any amount of *laws* or *education* that can stop people from being nimrods.

But the government types will try. Then we get increased police boats patrolling around to nail you if you produce a wake trying to maintain steerage in a waterway against a 5 knot current.
 
Well, on the Ohio River, we've got the Coast Guard, KY Dept. of Natural Resources (?), and the Louisville Metro Police to watch over us. I will say that we've always been conservative, and the 3 times they came over to check us out, they went on the next boat about the time they got close enough to see the "vessel safety check" sticker.

A few weeks ago, I was on a friend's boat with an engine that wouldn't run. The LMPD came right over and gave us a long tow, so I guess it's not all bad.

I feel confident that I can deal with the rules, just can't believe they exist in the first place.

Last question: If you do find yourself with a citation, does that count as a formal charge? Is that something you'd have to put on, say, a job application or that would show up on a criminal records check?
 
In many states a BUI is the same as a DUI and especially for the insurance companies. Yea, your rates are going up! :smt089 A BUI can get you jail time, $$$ big dollars in fine's and community service just like a DUI. :smt009
 
Kameroo's last question raises an interesting point. The effects of a citation received while boating varies widely by state and location. For example, if you are cited for having alcohol, not just an open container, in a Florida State Park.........and some zealous park rangers enforce that out to 300' from shore in coastal areas......it is a criminal offense. The worst part of it is that it looks likje a ticket and feels like a ticket but can carry a fine of several thousand $ and you have a criminal conviction on your record forever.

Thankfully, the FLorida legislature just de-criminalized the violation of state part rules so after 7/1/07 it is a misdemeaner not a criminal offense.

So, if you are concerned, check your local laws and we aware that boating in certain waters can make you subject to jourisdictions and rules you may not even be aware of.
 
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