Texas Fishing Forum

Can you get a BUI with an Ultrex?

Posted By: Jersey Dan

Can you get a BUI with an Ultrex? - 05/15/18 11:45 PM

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?
Posted By: SteezMacQueen

Re: Can you get a BUI with an Ultrex? - 05/15/18 11:49 PM

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?
Posted By: Dubee

Re: Can you get a BUI with an Ultrex? - 05/15/18 11:50 PM

Yes
Posted By: sprigsss

Re: Can you get a BUI with an Ultrex? - 05/16/18 12:04 AM

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.
Posted By: Minner Bucket

Re: Can you get a BUI with an Ultrex? - 05/16/18 12:26 AM

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?
Posted By: Huckleberry

Re: Can you get a BUI with an Ultrex? - 05/16/18 12:30 AM

TUI
Posted By: 203 CHAMP

Re: Can you get a BUI with an Ultrex? - 05/16/18 12:45 AM

. 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.
Posted By: b00stin4

Re: Can you get a BUI with an Ultrex? - 05/16/18 12:57 AM

lol
Posted By: Bobby Milam

Re: Can you get a BUI with an Ultrex? - 05/16/18 02:34 AM

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.
Posted By: H2ODawg67

Re: Can you get a BUI with an Ultrex? - 05/16/18 02:53 AM

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?
Posted By: H2ODawg67

Re: Can you get a BUI with an Ultrex? - 05/16/18 03:04 AM

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.
Posted By: bradnitro175

Re: Can you get a BUI with an Ultrex? - 05/16/18 03:04 AM

I dunno but they sure are nice
Posted By: Fish Killer

Re: Can you get a BUI with an Ultrex? - 05/16/18 03:36 AM

Not in Mexico
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