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Can you get a BUI with an Ultrex?
#12756844
05/15/18 11:45 PM
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Joined: Jan 2007
Posts: 6,738
Jersey Dan
OP
Guido
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OP
Guido
Joined: Jan 2007
Posts: 6,738 |
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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756848
05/15/18 11:49 PM
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Joined: Nov 2014
Posts: 23,176
SteezMacQueen
TFF Guru
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TFF Guru
Joined: Nov 2014
Posts: 23,176 |
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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756851
05/15/18 11:50 PM
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Joined: Jul 2011
Posts: 5,287
Dubee
TFF Celebrity
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TFF Celebrity
Joined: Jul 2011
Posts: 5,287 |
Yes
Last edited by Dubee; 05/15/18 11:51 PM.
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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756877
05/16/18 12:04 AM
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Joined: Feb 2011
Posts: 1,991
sprigsss
Extreme Angler
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Extreme Angler
Joined: Feb 2011
Posts: 1,991 |
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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756909
05/16/18 12:26 AM
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Joined: Sep 2011
Posts: 5,316
Minner Bucket
TFF Celebrity
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TFF Celebrity
Joined: Sep 2011
Posts: 5,316 |
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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756914
05/16/18 12:30 AM
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Joined: Oct 2007
Posts: 19,756
Huckleberry
TFF Guru
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TFF Guru
Joined: Oct 2007
Posts: 19,756 |
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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756943
05/16/18 12:45 AM
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Joined: Jan 2007
Posts: 2,625
203 CHAMP
Extreme Angler
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Extreme Angler
Joined: Jan 2007
Posts: 2,625 |
. 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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12756968
05/16/18 12:57 AM
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Joined: Aug 2011
Posts: 1,099
b00stin4
Extreme Angler
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Extreme Angler
Joined: Aug 2011
Posts: 1,099 |
Dynosaur Performance Legend alpha 211 Turbo Honda 8.51@179
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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12757155
05/16/18 02:34 AM
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Joined: Jul 2014
Posts: 4,340
Bobby Milam
TFF Team Angler
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TFF Team Angler
Joined: Jul 2014
Posts: 4,340 |
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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12757184
05/16/18 02:53 AM
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Joined: Apr 2017
Posts: 416
H2ODawg67
Angler
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Angler
Joined: Apr 2017
Posts: 416 |
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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Re: Can you get a BUI with an Ultrex?
[Re: 203 CHAMP]
#12757199
05/16/18 03:04 AM
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Joined: Apr 2017
Posts: 416
H2ODawg67
Angler
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Angler
Joined: Apr 2017
Posts: 416 |
. 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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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12757200
05/16/18 03:04 AM
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Joined: Jul 2008
Posts: 7,645
bradnitro175
TFF Celebrity
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TFF Celebrity
Joined: Jul 2008
Posts: 7,645 |
I dunno but they sure are nice
BIG FAT BASS LIVES MATTER
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Re: Can you get a BUI with an Ultrex?
[Re: Jersey Dan]
#12757237
05/16/18 03:36 AM
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Joined: Dec 2004
Posts: 27,653
Fish Killer
Big Sexy
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Big Sexy
Joined: Dec 2004
Posts: 27,653 |
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