Boating in Ontario is a common past-time that is loved by many
more so for warmer months when it can feel like there’s not a better feeling
than being on the water with a cold beer in hand. Before you get too excited,
know that alcohol is frowned upon by the law when boating and more importantly,
there are a lot of things you must know regarding the law doesn’t like you
mixing boating and alcohol together.
When Are You Boating?
Are you aware that simply floating on a drifting kayak is
part of what is considered boating? Vessels include inflatable rafts, sea-doo,
dinghy, canoe, sailboat and canoe as defined by S.124 of the Canadian Criminal
Code.
When Are You Boating
and Drinking?
Being on a vessel (with no one else controlling it) while
with a higher than the standard blood alcohol level is penalized with the same
severity as committing Driving with Excess Blood Alcohol and Impaired Driving.
A person on a vessel when stopped by an officer will be
arrested for Impaired Operation if the officer perceives that the person in
question is not fit to operate a vessel or if the officer has reason to believe
that the person has had quite a lot to drink.
In the station, the arrested individual will be asked to
provide breath samples into a breathalyzer to determine his or her blood
alcohol level. A blood alcohol level that is more than 80 milligrams per 100
milliliters is considered to have committed an Over 80.
Specifics vary widely in terms of what was actually committed
and how the arrest was made. The bottomline is, you cannot be ‘in control’ of a
vessel and drinking alcohol as well. Barring certain circumstances, it is
better for everyone on board to not be drinking to be on the safe side of the
law and not get convicted because of a technicality.
Need help handling an alcohol-related boating offence? Call DUI Lawyer Calvin Barry ! He handles more than impaired driving cases and can assist you with your boating and alcohol-related charge.
