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Max Online: 36273 @ 01/23/13 02:34 PM
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#12756844 - 05/15/18 06:45 PM Can you get a BUI with an Ultrex?
Jersey Dan Online   content
Guido

Registered: 01/01/07
Posts: 6440
Loc: your sisters house
If I'm laying on the rear deck and launch i-pilot to take me across the lake with SHO keys in the glovebox. Does the BUI law still apply?

Thoughts?

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#12756848 - 05/15/18 06:49 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
SteezMacQueen Online   sleepy
TFF Celebrity

Registered: 11/02/14
Posts: 6075
Loc: Red Oak, Galveston, and Pagosa...
Originally Posted By: Jersey Dan
If I'm laying on the rear deck and launch i-pilot to take me across the lake with SHO keys in the glovebox. Does the BUI law still apply?

Thoughts?
dunno....is it an Uber Ultrex?
_________________________
Eat. Sleep. Fish.

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#12756851 - 05/15/18 06:50 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
Dubee Offline
Extreme Angler

Registered: 07/17/11
Posts: 1754
Loc: Godley Tx
Yes


Edited by Dubee (05/15/18 06:51 PM)

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#12756877 - 05/15/18 07:04 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
sprigsss Offline
Pro Angler

Registered: 02/11/11
Posts: 651
Loc: Snyder, TX
I have a buddy that got a DUI in a golf cart. Rolled it over, his friend broke an ankle and damaged cart. Golf course called police due to golf cart damage and he left in cuffs.

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#12756909 - 05/15/18 07:26 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
Minner Bucket Online   content
Extreme Angler

Registered: 09/13/11
Posts: 1300
Loc: San Antonio
Originally Posted By: Jersey Dan
If I'm laying on the rear deck and launch i-pilot to take me across the lake with SHO keys in the glovebox. Does the BUI law still apply?

Thoughts?


How you liking your new Skeeter?

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#12756914 - 05/15/18 07:30 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
Huckleberry Offline
TFF Guru

Registered: 10/10/07
Posts: 18120
Loc: Lake Gaston, VA
TUI

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#12756943 - 05/15/18 07:45 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
521 ranger Online   crying
Extreme Angler

Registered: 01/25/07
Posts: 2371
Loc: Hurst, TX.
. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

The law defines “watercraft” as “a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.” (Tex. Penal Code Ann. § 49.01(4) (2016).) A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a vessel while:
impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties,” or
having a blood, breath, or urine alcohol concentration (BAC) of .08% or greater.

The chapter doesn't define 'operation' just as under the dwi statute it is not defined. There is no clear cut precedent that defines or demonstrates what operation is. This is where you find wiggle room should there be any.

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#12756968 - 05/15/18 07:57 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
b00stin4 Online   content
Pro Angler

Registered: 08/08/11
Posts: 708
Loc: fort worth texas
lol
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Dynosaur Performance
Just an old Nitro boat
Brand spanking new to me Legend alpha 211
Turbo Honda 8.51@179

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#12757155 - 05/15/18 09:34 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
Bobby Milam Online   content
TFF Team Angler

Registered: 07/13/14
Posts: 3582
Loc: Arlington
Yes you are in operation of the vehicle. Doesn't matter where you are located in the boat or whether the boat is powered by a gas motor or an electric motor.

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#12757184 - 05/15/18 09:53 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
H2ODawg67 Offline
Angler

Registered: 04/07/17
Posts: 341
Loc: Kansas
Originally Posted By: Jersey Dan
If I'm laying on the rear deck and launch i-pilot to take me across the lake with SHO keys in the glovebox. Does the BUI law still apply?

Thoughts?

Yes. If you was flying from "your sisters house, to LAX, would you want the pilot to put the plane on auto pilot and start slamming drinks?
_________________________
Formerly H2ODawg

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#12757199 - 05/15/18 10:04 PM Re: Can you get a BUI with an Ultrex? [Re: 521 ranger]
H2ODawg67 Offline
Angler

Registered: 04/07/17
Posts: 341
Loc: Kansas
Originally Posted By: 521 ranger
. 49.06. BOATING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a watercraft.

(b) Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.

The law defines “watercraft” as “a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.” (Tex. Penal Code Ann. § 49.01(4) (2016).) A person can be convicted of boating while intoxicated (BWI), sometimes called boating under the influence (BUI), for operating a vessel while:
impaired by drugs or alcohol so as not to have “normal use of mental or physical faculties,” or
having a blood, breath, or urine alcohol concentration (BAC) of .08% or greater.

The chapter doesn't define 'operation' just as under the dwi statute it is not defined. There is no clear cut precedent that defines or demonstrates what operation is. This is where you find wiggle room should there be any.

There can be multiple persons in operation of the watercraft, and each person in operation can get a B.U.I. Example:You have 4 people on a boat drinking. 1st person either turns the steering wheel or trims the motor up or down (motor off). 2nd person is running a trolling motor. 3rd person is just sitting there chugging alcohol. 4th person is swishing the water with a paddle. The officer is going to right a B.U.I. for persons 1,2,& 4.
_________________________
Formerly H2ODawg

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#12757200 - 05/15/18 10:04 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
bradnitro175 Offline
TFF Celebrity

Registered: 07/11/08
Posts: 5013
Loc: Dallas,tx
I dunno but they sure are nice
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Originally Posted By: John175®
your bait sux,and your boat is ugly.

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#12757237 - 05/15/18 10:36 PM Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan]
Fish Killer Offline
Big Sexy

Registered: 12/11/04
Posts: 25941
Loc: Weatherford
Not in Mexico
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