On Lake Oroville, drunken boaters may...

On Lake Oroville, drunken boaters may get a BUI

There are 64 comments on the Chico Enterprise-Record story from Jun 28, 2010, titled On Lake Oroville, drunken boaters may get a BUI. In it, Chico Enterprise-Record reports that:

On Lake Oroville on Sunday, State Parks Ranger Travis Gee cautions personal watercraft riders Catherin and Jeff Reith and Laura Henderson and Jessica Callella about the dangers of riding too close together.

Join the discussion below, or Read more at Chico Enterprise-Record.

“AccountKiller”

Since: Jul 09

Location hidden

#41 Jul 1, 2010
Richard_ wrote:
<quoted text>
Just keep in mind that you have a right to refuse to submit to field sobriety tests and those Portable Breath Testers which are non-evidentiary. You also have a right to refuse to answer questions about alcohol consumption and to refuse to make written statements as well.
Really? And what are the consequences when you choose to take that route?

“AccountKiller”

Since: Jul 09

Location hidden

#42 Jul 1, 2010
Seriously, I want to know.
Good Lord

Long Beach, CA

#43 Jul 2, 2010
4thGenChico wrote:
Seriously, I want to know.
They take you to the hospital and make you submit to a blood test.
Boater

Chico, CA

#44 Jul 2, 2010
Good Lord wrote:
<quoted text>
They take you to the hospital and make you submit to a blood test.
It takes them probably a good hour from the stop to the boat ramp, plus the drive to the hospital. By the time they get you there, your alcohol level has dropped, and the tax payers have just paid for another expensive lab test that got them no where.
Good Lord

Long Beach, CA

#45 Jul 2, 2010
Boater wrote:
<quoted text>
It takes them probably a good hour from the stop to the boat ramp, plus the drive to the hospital. By the time they get you there, your alcohol level has dropped, and the tax payers have just paid for another expensive lab test that got them no where.
Sometimes, but not necessarily always--every situation is going to be different based on a multitude of factors. But, many also run the risk of getting caught with other illegal things in their systems, if they choose the blood test route.

“AccountKiller”

Since: Jul 09

Location hidden

#46 Jul 2, 2010
Thanks for the info people.
USMC Veteran

Chico, CA

#47 Jul 2, 2010
I sick of dealing with inconsiderate boaters, especially at the end of the day, after a full day of drinking, trying to cut in to get off the lake and then jeopardizing everyone at the ramp with their drunk trailering. I had my boat hit by a guy that was trying to drive on his trailer, lost control and his stern swung over to my lane and bumped my boat. Then he said, "whoops, this is my first time driving on the trailer" GREAT! Learning to trailer DRUNK. Brilliant! prob'ly not even insured!
It would be a good idea for the ranger at the gate to do a quick look see as people are leaving, before they "HIT THE ROAD" Drunk too.
Oh yeah, one more thing...All you jet skiers that trail behind me trying to jump my wake, don't even think about it when I'm towing someone, Tube, WakeBoard, Ski's or whatever, STAY AWAY from my family, and if you do trail me when I'm towing, you will find out real fast Who I AM.

“Uzi Does It”

Since: Nov 08

UZILAND

#48 Jul 2, 2010
4thGenChico wrote:
<quoted text>
Really? And what are the consequences when you choose to take that route?
There are no additional consequences. You may not even change the outcome of your DUI/BUI, by refusing to submit to give evidence when ASKED to. However, at least if you are eventually cited, you'll sleep better at night knowing that you didn't donate evidence you had a right to not donate.

I refused exactly as I posted in a traffic case, this so inflamed the one officer that he fabricated that I did the field sobriety tests while at the same time the second officer wasn't willing to lie in his report. Regardless, when I refused the field sobriety tests, the non-evidentiary portable breath test and I refused to break down during their Nazi field interview, the primary officer arrested me on suspicion of DUI anyway, then we went to the station and I was faced with taking the EVIDENTIARY breath test at the station.

If I refused that test, it was misdemeanor criminal accusation that I would face. If I get convicted of first offense DUI in my state, it's still a traffic citation, a mere civil forfeiture. Additionally, I knew that my refusal of the evidentiary test would put me off of work for at least one year.

So, I took the test and it read .19%BAC. I was released, I contacted an expert DUI attorney and after retaining her she gets copies of the police report and all the other details and asks me to review the police report for inaccuracies and for me to submit my statement to her as to what happened.

It was then that I discovered that officer a fabricated 4 paragraphs about how I failed the field sobriety test that I refused to take and that the second officer wasn't buying into this sham. It took a while, but the case was dismissed without me having to step a foot in a court room.

That said, if you want to convict yourself by donating evidence, like the field sobriety test, the portable breath test and blabbing when the constitution says you don't have to answer, then go ahead. I'm an ex military person who swore a lifetime oath to support and defend the US Constitution against all enemies foreign and domestic, just like all the men and women who served in Iraq, Afghanistan, Vietnam, Korea, and died on the beaches of Normandy and Iwo Jima, so I don't feel embarrassed about invoking those rights, no more than anyone else should feel embarrassed when they wipe that constitution on their a.n.u.s by waiving them or not even knowing they exist.

I'm not a dui attorney and your situation my be different from mine, but that's what I did and that's how it turned out. That said, have a safe weekend and don't drink to excess and drive or boat, you might just become a criminal because of the difference between .079% and .080% BAC.

“Uzi Does It”

Since: Nov 08

UZILAND

#49 Jul 2, 2010
4thGenChico wrote:
<quoted text>
Really? And what are the consequences when you choose to take that route?
First lets introduce a California DUI attorney that I found by simply googling for refusal to submit to portable breath tests in california, anyone can do this.

http://www.nocuffs.com/

California Criminal Defense Lawyers

The Kavinoky Law Firm is a group of top California criminal defense lawyers dedicated to fighting for the rights of criminal defendants across California. The Kavinoky Law Firm, with offices in San Francisco, Riverside, Newport Beach, San Diego and headquarters in the Encino area of the San Fernando Valley in Los Angeles, is one of the top defense firms in the state, and its lawyers are adept at skillfully defending every type of criminal case.

Darren T. Kavinoky, the firm's founding attorney, has been recognized again and again for his extraordinary legal skills. He was recently designated a SuperLawyer by Los Angeles Magazine and was named one of the top 100 Trial Lawyers in California by the American Trial Lawyers Association. Darren was also profiled in Newsweek in the “Best of Los Angeles: Law” section. He also earned a coveted “AV” rating in the Martindale-Hubbell Registry, a peer review honor that singles out attorneys who are at the highest level of skill and ethical integrity.

“Uzi Does It”

Since: Nov 08

UZILAND

#50 Jul 2, 2010
4thGenChico wrote:
<quoted text>
Really? And what are the consequences when you choose to take that route?
Now that I introduced the California DUI attorney. Here's what he says on his DUI FAQ section:

http://www.got-a-dui.com/before_a_DUI/

Steps to Take Before You Get a DUI

If you get stopped by the police, and you’ve had anything to drink within the last 12 hours, keep these tips in mind. READ THESE TIPS CAREFULLY; whether your DUI case can be defended later may depend on your ability to follow them.

1. Be prepared: Everything that happens in the encounter is being observed by the officer as a possible clue in deciding to arrest you. Say as few words as possible and be conscious of enunciation to defeat any claim of slurred speech. Have your license, registration, and proof of insurance ready to hand over, so the officer cannot claim you fumbled with them. Slurred speech and fumbling for items are two things that officers are trained to look for when they are investigating possible drunk driving.

2. Field Sobriety Tests are OPTIONAL. Their purpose: to document your supposed mental and/or physical impairment for the prosecutor to try to convict you of DUI. DO NOT TAKE THEM. That doesn’t mean to be rude or otherwise uncooperative. Simply tell the officer in a polite and courteous fashion that you understand you are not legally obligated to participate in these exercises, and that you decline to do so.

Your failure to take FST’s may cause the officer to arrest you on the spot. Guess what- if you were being asked to perform FST’s, you were going to get arrested anyway! By refusing to do them, you have taken away much of the evidence that the police and prosecutor were going to use against you, and you’ve gutted the prosecutor’s case. There is more information about FST’s here.

3. Preliminary Alcohol Screening (PAS): There are two types of breath testing devices. Portable PAS devices that are used out in the field, usually in conjunction with Field Sobriety Tests, and the stationary breath testing device that is at the police station. In California, the PAS test is OPTIONAL. In fact, the arresting officer is supposed to tell every suspect that they do not have to take the test at all. Whether you are told that this portable PAS test is optional or not, DO NOT TAKE IT. UNLIKE THE BREATH TESTING MACHINE AT THE STATION, THERE IS NO NEGATIVE CONSEQUENCE TO REFUSING THE PAS TEST IN THE FIELD.

“Uzi Does It”

Since: Nov 08

UZILAND

#51 Jul 2, 2010
Continued:

http://www.got-a-dui.com/before_a_DUI/

4. Breath Test or Blood Test? The likely consequence for refusing to take the FST’s and the PAS test is that the officer is going to arrest you for DUI. The good news: you’ve gutted the prosecution’s case by not giving them key evidence to be used against you. The overwhelming statistical probability is that if you find yourself being asked to perform FST’s, you are going to be arrested for DUI. This being the case, why not do everything you can to make sure that you walk out with a not guilty?

However, there is another test that you may not want to refuse: the breath or blood test down at the station. Remember, the PAS test is optional, and there is no penalty in refusing to take it. Not so with the stationhouse breath test. Under California’s implied consent law every licensed driver has already consented to a chemical test of their breath or blood when they are arrested for DUI. The DMV penalty for refusing can be stiff: a minimum of one-year. There are also punishment enhancements in criminal court in the case of a refusal too. Therefore, you may want to take the “implied consent” chemical test down at the station.

Which should you take? Both breath testing and blood testing are susceptible to error. The best argument in court is that the suspect was simply not a proper candidate for the type of test that they did. For example, someone who has a lot of dental work should never be asked to take a breath test, since the dental work can trap alcohol in the mouth, and cause falsely high results. If you are a person with a lot of dental work, what test should you request? Breath! That way your lawyer can argue that the results are not reliable, and not reliable equals not guilty.

There are no hard and fast rules about which test should be taken; a good DUI defense lawyer will be skilled at attacking both. However, on balance, jurors are more skeptical of breath testing than blood testing.

5.“Two beers, a few hours ago”: Most folks who have been drinking, when stopped by law enforcement, tell the officer that they had “two beers”. This response is so common, that police officers joke about it: they perceive it as a lie, whether it is true or not. Far better is to say nothing; politely tell the officer that you prefer to remain silent, and not participate in any questioning.

Also, many who find themselves under roadside investigation try to help their cause by explaining that the drinks were consumed hours earlier in the day. The fact is that it is far easier to defend a driver that has “one for the road.” Remember, it is illegal to have .08 or more at the time of driving, not at the time of testing. Since alcohol takes time to metabolize, it is often the most effective defense to argue that while a later breath test may have been above the legal limit, the suspect was below the legal limit hours earlier, at the time of driving.

6. The last tip is what to do after your arrest: hire the best lawyer that you can, one who specializes in DUI defense, one who will appreciate that you followed these tips that have been outlined, and will know what to do from there. The bottom line is that there is little that can be done to talk a police officer out of arresting you once you’ve been pulled over, and he or she thinks you are driving drunk. There is a lot that can be done by a skilled Southern California DUI lawyer afterwards.

“AccountKiller”

Since: Jul 09

Location hidden

#52 Jul 2, 2010
Thank you very much Richard for the info, your time & your service to our country.

“Uzi Does It”

Since: Nov 08

UZILAND

#53 Jul 2, 2010
4thGenChico wrote:
Thank you very much Richard for the info, your time & your service to our country.
Thanks for the thanks, I appreciate it, but I joined for my own reasons and I fufilled my part of the contract and the people fufilled their end of the contract, the people don't owe me a thing.

That said, the information I posted is right out of a California DUI attorney's website. My particular circumstances occured out of a one night need to get out of the house when I shouldn't and it bit me in the ass. Fortunately, no one was hurt and I was able to recover my life after paying huge lawyer fees. However, I did submit myself to A.O.D.A. counseling on my own dime, because I knew the state would like to see that. All in all, I have about 10K invested in my DUI defense. Had the police officer not lied in the police report, I could have taken a 750.00 fine, the same A.O.D.A. conseling and had a traffic ticket conviction and not a misdemeanor criminal conviction for first offense DUI.

Moral of the story, if you don't know if you're less than .08%BAC, you owe it to yourself to get a cab or find a hotel room. They are cheap in compairison.

As for boating and having beverages, it's best if you have a designated boater to drive the boat. That's what we do at the lake.

Have a safe fourth!
Lake Rat

Chico, CA

#54 Jul 12, 2010
Ya, saw a guy today block the entire two lanes where you prepare your boat for launching. No body could get past him, like he is the only one on the lake today. Then, up top in the parking lot, a whole big family that rented a houseboat, shows up in about seven different cars, and parks them all in the boat parking right next to the bathrooms, probably all week. Just too many "me" people out there that are clueless idiots.
Lime Saddle

Chico, CA

#55 Jul 12, 2010
Lime Saddle wrote:
Here are some more helpful knowlege for some of you boaters that do not have a clue.
1. Prepare your boat for launching up top where the sign says, not on the ramp. All persons getting in to the boat should also do it here. Otherwise, walk down the left side of the ramp to the marina, DO NOT LOAD PEOPLE IN TO THE BOAT ON THE RAMP.
2. Keep your kids and dogs off the ramp, other boaters can't see them.
3. When backing down, stay within the lines of your lane, do not jack knive trailor in the water. If you can't back up a trailor, you should not be doing it.
4. If you are one of those people that has to pull your boat over to the dock with a rope, wait for the far left hand lane to come open, so you are not blocking off the whole ramp, because you can't drive your boat off a trailor.
5. Don't park on the ramp, espeacally where people turn around to launch.
6. Once you back down in to the water, get to it and get out of there, way too much visiting which can be done on the water.
7. When parking in the lot, stay within the lines of your lane and make sure you pull up far enough so you are not blocking the through lanes.
8. Try to be considerate of others, YOU ARE NOT THE ONLY ONE OUT THERE.
9. Fisherman, keep your voices down at 5 am when you are going past the houseboats. People are sleeping, and know one cares what you did to your wife last night in your brag fest.
10. The entire marina is a NO WAKE ZONE!!! That means if you can see waves coming from the back of your boat, you are going too fast.
I FORGOT ONE, as the poster above stated.
11. The parking spaces with the long solid white lines in the parking lot, ARE FOR VEHICLES WITH TRAILORS "ONLY"!!! There are plenty of single parking available, there is a overflow for single vehicles just at the toll booth, you turn to the right there and follow the road. Yes, I know it involves walking, but if you have the energy to come to the lake, get off your lazy ARSSES and consider the people that need a place to park their trailors.
CONSIDERATION! Big word, if you don't have it, don't come to the lake.
Fred Fish

Chico, CA

#56 Jul 13, 2010
Boaters are RUDE!!!
joey95926

United States

#57 Jul 13, 2010
Fred Fish wrote:
Boaters are RUDE!!!
Not all of us are rude. The problem lies in the fact that you'll never notice us when we're courteous. Just like anything else, no one ever sees that everything is running smoothly. It's when there's a problem that we all pay attention. It's unfortunate that there are so many poor ambassadors to this wonderful past time.
Lime Saddle

Chico, CA

#58 Jul 13, 2010
joey95926 wrote:
<quoted text>
Not all of us are rude. The problem lies in the fact that you'll never notice us when we're courteous. Just like anything else, no one ever sees that everything is running smoothly. It's when there's a problem that we all pay attention. It's unfortunate that there are so many poor ambassadors to this wonderful past time.
Well said joey
Lake Rat

Chico, CA

#59 Jul 13, 2010
It is too bad the marina there does not police more of this stupid behavior on their boat ramp. All they seem to care about is the people renting those houseboats. Some of us boaters spend money at your marina also. They could at least print up a flyer with some of those, now 11, things posted above, so people know the code when launching their boats. OR post signs.
Marina

Chico, CA

#60 Jul 13, 2010
Ramp is STATE jurisdiction, Forever is only in charge of the actual water around the dock. Rangers need to police the idiots, but they are out on the water, because if you think about it, if these people can't figure out something like a simple launching, think whats going on out on the water. SSCAAAARYYYYYY!!!!

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