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Can you get a BUI with an Ultrex? #12756844 05/15/18 11:45 PM
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Jersey Dan Offline OP
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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?

Moritz Chevrolet - 9101 Camp Bowie W Blvd, Fort Worth, TX - Monte Coon (817) 696-2003
Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756848 05/15/18 11:49 PM
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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?


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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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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
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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
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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
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TUI

Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12756943 05/16/18 12:45 AM
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203 CHAMP Offline
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. 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
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lol


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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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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
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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?


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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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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.


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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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I dunno but they sure are nice


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BIG FAT BASS LIVES MATTER


Re: Can you get a BUI with an Ultrex? [Re: Jersey Dan] #12757237 05/16/18 03:36 AM
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Not in Mexico


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