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Jan 23rd, 2013
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Can you get a BUI with an Ultrex? #12756844
05/15/18 11:45 PM
05/15/18 11:45 PM
Joined: Jan 2007
Posts: 6,443
your sisters house
J
Jersey Dan Offline OP
Guido
Jersey Dan  Offline OP
Guido
J

Joined: Jan 2007
Posts: 6,443
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?

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756848
05/15/18 11:49 PM
05/15/18 11:49 PM
Joined: Nov 2014
Posts: 6,432
Red Oak, Galveston, and Pagosa...
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SteezMacQueen Online sleepy
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Posts: 6,432
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.
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756851
05/15/18 11:50 PM
05/15/18 11:50 PM
Joined: Jul 2011
Posts: 1,785
Godley Tx
D
Dubee Online content
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Dubee  Online Content
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Joined: Jul 2011
Posts: 1,785
Godley Tx
Yes

Last edited by Dubee; 05/15/18 11:51 PM.
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756877
05/16/18 12:04 AM
05/16/18 12:04 AM
Joined: Feb 2011
Posts: 676
Snyder, TX
S
sprigsss Offline
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sprigsss  Offline
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S

Joined: Feb 2011
Posts: 676
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.

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756909
05/16/18 12:26 AM
05/16/18 12:26 AM
Joined: Sep 2011
Posts: 1,366
San Antonio
Minner Bucket Offline
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Minner Bucket  Offline
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Joined: Sep 2011
Posts: 1,366
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?

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756914
05/16/18 12:30 AM
05/16/18 12:30 AM
Joined: Oct 2007
Posts: 18,232
Lake Gaston, VA
Huckleberry Online happy
TFF Guru
Huckleberry  Online Happy
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Joined: Oct 2007
Posts: 18,232
Lake Gaston, VA
TUI

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756943
05/16/18 12:45 AM
05/16/18 12:45 AM
Joined: Jan 2007
Posts: 2,394
Hurst, TX.
5
521 ranger Online crying
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521 ranger  Online Crying
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Joined: Jan 2007
Posts: 2,394
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.

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756968
05/16/18 12:57 AM
05/16/18 12:57 AM
Joined: Aug 2011
Posts: 714
fort worth texas
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b00stin4 Offline
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fort worth texas
lol


Dynosaur Performance
Just an old Nitro boat
Brand spanking new to me Legend alpha 211
Turbo Honda 8.51@179
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12757155
05/16/18 02:34 AM
05/16/18 02:34 AM
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Posts: 3,619
Arlington
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Bobby Milam Online content
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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.

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12757184
05/16/18 02:53 AM
05/16/18 02:53 AM
Joined: Apr 2017
Posts: 358
Kansas
H
H2ODawg67 Online content
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Joined: Apr 2017
Posts: 358
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
Re: Can you get a BUI with an Ultrex? [Re: 521 ranger] #12757199
05/16/18 03:04 AM
05/16/18 03:04 AM
Joined: Apr 2017
Posts: 358
Kansas
H
H2ODawg67 Online content
Angler
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H

Joined: Apr 2017
Posts: 358
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
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12757200
05/16/18 03:04 AM
05/16/18 03:04 AM
Joined: Jul 2008
Posts: 5,112
Dallas,tx
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bradnitro175 Offline
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Joined: Jul 2008
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Dallas,tx
I dunno but they sure are nice


Originally Posted By: John175®
your bait sux,and your boat is ugly.
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12757237
05/16/18 03:36 AM
05/16/18 03:36 AM
Joined: Dec 2004
Posts: 25,970
Weatherford
Fish Killer Online happy
Big Sexy
Fish Killer  Online Happy
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Joined: Dec 2004
Posts: 25,970
Weatherford
Not in Mexico


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