Under the InfluenceUndder thetheInInnflluenceluenlu

1 Pennsylvania Angler & Boater, July-August the InfluenceUndderderthetheIneInnInlnfluenc eluenluby Thomas Burrell, Southcentral RegionAssistant SupervisorMost adults are aware that it is illegal to drive a car while underthe influence of alcohol or a controlled substance. Further-more, those same people understand that if they do driveunder the influence , they run the risk of being arrested and, ifconvicted, going to jail and/or paying a substantial now, many of you are shaking your heads up and downto indicate, Yes, I know that. Then maybe you can tell mewhy many of these same individuals think it is acceptable to drive, or operate, their boats while Under the influence ?It is illegal to operate a watercraft while Under the influ-ence in PA. This is not a new law. It was adopted in 1985!

2 Nor is it a secret. The Commission makes every effort toinform boaters of the risks and consequences of boating underthe influence . The information is available on the Commission sweb site, , it is published in the BoatingSafety Handbook, fliers have been sent out with boat registra-tions and warnings have been posted at Commission accessesand busy , the problem continues to grow. Even though theyearly number of boating- Under -the- influence (BUI) arrestshas historically hovered around 50, in 2002 the total increasedto 70 BUI arrests. Do not be fooled into thinking that it doesnot happen where you boat. Arrests during 2002 occurred onall major waterways as well as out-of-the-way operators were detected on everything from johnboatsto PWC and cabin should I be concerned?You re thinking you don t drink and boat, so why shouldyou be concerned, right?

3 Simple. No boater is exempt fromthe dangers of boating Under the influence . It involves thesafety of you, your family and everyone who enjoys therecreational benefits of PA s waterways. An impaired operatorputs everyone else around him or her at risk. It does not matterhow safe you are it will not prevent you from becoming thevictim of someone else s carelessness. Furthermore, many ofthese impaired boat operators will eventually get in theirvehicles and attempt to travel home or elsewhere, if they arenot apprehended do I know when I am impaired?The legal limit for operating a watercraft in PA is thesame as the legal limit for operating a motor vehicle, BAC (blood alcohol concentration). However, inmany people, impairment starts well before that. A study bythe Coast Guard using professional tugboat pilots sug-gested that the ability to operate a watercraft safely was affectedby a BAC as low as percent, or less than half the legal are charts that attempt to determine how muchalcohol a person can consume before considered drunk, butphoto-Art MichaelsThe author conducts a field sobriety test.

4 Pennsylvania Angler & Boater, July-August 200353there are many variables that must be considered when calcu-lating when you personally will be affected. For example, bodyweight, percentage of body fat, whether or not you have hadanything to eat, and how much alcohol you consumed in agiven period have to be taken into effects of alcohol can also be greatly increased by theconditions and environment encountered aboard a sun s heat, glare off the water, engine noise and fatigue allwork against you. Even after a short period, your basic motorfunctions, reaction skills, vision and balance can be you add alcohol, which by itself affects these same areas,you have drastically decreased your ability to operate anywatercraft will happen if I operate Under theinfluence?If you are stopped by a waterways conservation officer,and the officer suspects you might be Under the influence , youmay be requested to submit to a series of standard field sobrietytests.

5 Some of these tests, such as walk and turn or one-legged stand, are familiar to many people who have seen themon television. Other tests have been developed specifically foruse in a marine environment. However, all these tests have acommon denominator: They test your ability to perform basicfunctions required for safe operation of a observing your performance, the WCO will make adetermination on whether he or she believes you are Under theinfluence. If the WCO believes you are Under the influence ,you will be requested to submit to a chemical blood test, orbreath or urine test, to determine the current BAC. Based onthe test results, combined with the WCO s observations, adetermination will be made on whether you will be chargedwith operating a watercraft Under the influence , as well as anyother violations resulting from your I refuse to submit to a chemical test?

6 Yes. You may refuse to submit to a chemical test requestedby a WCO. However, PA implied-consent regulations statethat you will automatically face a one-year suspension of yourboat-operating privileges for refusing to submit to a chemicaltest requested by a WCO when there is reason to believe youare operating a watercraft Under the influence . Furthermore,if charged with operating Under the influence , the fact that yourefused the chemical test may be entered into evidence does an arrest for operating underthe influence affect me?If arrested for operating a watercraft Under the influence ,the results are the same as any other arrest by a WCO or otherpolice department. You will be fingerprinted and photo-graphed, and you will have a criminal record. If convicted, youface fines up to $7,500, a prison term of up to 2 years, or Gun AwardBUI is a serious public safety concern.

7 In 1999 thePennsylvania DUI (driving Under the influence ) Asso-ciation began to recognize excellence in BUI lawenforcement by including one waterways conserva-tion officer in its annual conference presentation of Top Gun awards. Each award recipient receives aplaque for significant BUI law enforcement and a pre-arrest breath-testing device for continued efforts towardsafer boating. The award recognizes an officer s out-standing effort in detecting and apprehending impairedboaters during the past year. The Commission recog-nizes these award-winners by placing their names onan award display in the Commission s Harrisburgheadquarters include WCO Alan D. Robinson(1999), WCO Michael Wheale (2000), WCO John (2001) and Assistant Regional SupervisorThomas Burrell (2002).You also face additional revocations of your boating privileges,mandatory boating education courses and even drug andalcohol counseling.

8 None of this takes into account the costof hiring an attorney, missing work to attend court, possibleincreases in boat insurance and the embarrassment of tell me again why you would consider drinking just in your boat.