Georgia Boaters/Fisherman - Your Help Is Needed - The Hull Truth

Dawn2Dusk · 01-16-2009, 12:59 PM

Good day, this is officially my "first" post on this forum and I hope to make it a good one that has a lot of impact.

“Under The Influence Of Alcohol” In Georgia’s Outdoors Needs Your Help”

I contact you along with thousands of other concerned citizens, businesses, and organizations around our great state to urge your support on an issue regarding a law change with respect to “Under The Influence Of Alcohol” in Georgia’s Outdoors. I’ve approached Senator Bill Heath and House Representative David Knight with this idea in hopes that they will author a bill for this legislative session. I realize you are very busy with immeasurable responsibility, but if you would please take time to review the accompanying information I would be greatly appreciative.

After reading, If you feel you would support this measure then your favorable signature on the linked petition below and recommendation to the following legislators would significantly facilitate this effort due to your overwhelming influence, persona, and reputations as constituents in the state of Georgia.

It will take everyone that is contacted to follow through and send their letters of support in order for this idea to be fruitful and come to reality.

If you have a second, take a look at this link and sign if you agree that our laws need to be more strict on alcohol abusers in Georgia’s outdoors.

http://www.petitiononline.com/GaBUIHUI/petition.html

If you further wish to help, contact your state representatives about this idea; locate them through using www.congress.org

And/Or

Send your correspondence in support of this idea to:

Senator Bill Heath e-mail – billheath@billheath.net
2225 Cashtown Rd.
Bremen, Ga. 30110

Representative David Knight e-mail - david.knight@house.ga.gov
526 Brook Circle
Griffin, Ga. 30224

Thank you in advance for your consideration and help on this most important item of public safety in our woods and on our waters…

Pass along to friends and family that you feel might support this change and ask them to continue passing it around…

God Bless!

and here is the detailed informaiton about the law in which is being asked to be changed;

ISSUE:
Hunting & Boating Under the Influence
Description of Current Law
Currently, O.C.G.A. 52-7-12 (a-4)
(a) No person shall operate, navigate, steer, or drive any moving vessel, or be in actual
physical control of any moving vessel, nor shall any person manipulate any moving water
skis, moving aquaplane, moving surfboard, or similar moving device while:
{4} The person's alcohol concentration is 0.10 grams or more at any time within three
hours after such operating, navigating, steering, driving, manipulating, or being in actual
physical control of a moving vessel, moving water skis, moving aquaplane, moving
surfboard, or similar moving device from alcohol consumed before such operating,
navigating, steering, driving, manipulating, or being in actual physical control ended; or

Currently, O.C.G.A 27-3-7 (b-4)
(b) A person shall not hunt while:
{4} The person's alcohol concentration is 0.10 grams or more at any time within three
hours after such hunting from alcohol consumed before such hunting ended; or

Boating under the influence of alcohol is the act of operating a boat after having
consumed alcohol to the degree that mental and motor skills are impaired. It is a crime to
be in such an impaired state of being under the influence of alcohol to the extent that it is
less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual
physical control of a moving vessel, moving water skis, moving aquaplane, moving
surfboard, or similar moving device and/or to where the person’s alcohol concentration is
0.10 grams or more at any time within three hours after such operating, navigating,
steering, driving, manipulating, or being in actual physical control of a moving vessel,
moving water skis, moving aquaplane, moving surfboard, or similar moving device from
alcohol consumed before such operating, navigating, steering, driving, manipulating, or
being in actual physical control ended.
Hunting under the influence of alcohol is the act of hunting or hunt, the term "hunt" or
"hunting" means the act of hunting, as such term is defined in Code Section 27-1-2, while
in possession of or using a firearm, bow, or any other device which serves to launch a
projectile, after having consumed alcohol to the degree that mental and motor skills are
impaired. It is a crime to be in such an impaired state of being under the influence of
alcohol to the extent that it is less safe for the person to hunt and/or the person's alcohol
concentration is 0.10 grams or more at any time within three hours after such hunting from
alcohol consumed before such hunting ended

Description of Proposed Change
This proposed change provides for tighter tolerances regarding “Under The
Influence of Alcohol” acts in Georgia’s outdoor sports, a reduction of 0.02 of the
person's alcohol concentration, so that the change provides that it is a crime to
be in such an impaired state of being under the influence of alcohol to the extent
that it is less safe for the person to hunt/boat and/or the person's alcohol
concentration is 0.08 grams or more at any time within three hours after such
hunting/boating from alcohol consumed before such hunting/boating ended. This
proposed change would bring inline Georgia’s “Under The Influence of Alcohol”
laws to each be set at the blood alcohol content of 0.08 thereby reducing
confusion among the population of the state and the state’s law enforcement
agencies tasked with enforcing laws. The final and most warranted result of the
proposed change would be to lower alcohol related injuries in the Georgia
outdoors.

Impact
> To further reduce the likelihood of alcohol related accidents with regards to boating and
hunting in Georgia.
> To bring inline Georgia’s “Under The Influence of Alcohol” laws to each be set at the blood
alcohol content of 0.08 thereby reducing confusion among the general population of the
state and the state’s law enforcement agencies tasked with enforcing laws.
> Alcohol affects judgment, vision, balance and coordination. These impairments increase
the likelihood of accidents afloat and while in the act of hunting – with regards to boating
the U.S. Coast Guard data shows that in boating deaths involving alcohol use, over half
the victims capsized their boats and/or fell overboard.
> Alcohol is even more hazardous on the water than on land. The marine environment –
motion, vibration, engine noise, sun, wind and spray – accelerates a drinker's impairment.
These stressors cause fatigue that makes a boat operator's coordination, judgment and
reaction time decline even faster when using alcohol.
> Alcohol can also be more dangerous to boaters because boat operators are often less
experienced and less confident on the water than on the highway. Recreational boaters
don't have the benefit of experiencing daily boat operation. In fact, boaters average only
110 hours on the water per year.
> Alcohol can be a serious detriment to needed motor skills, mental stability, and reasoning
while hunting in the field. An alcohol impaired hunter could negligently believe another
human to be a game animal thereby intentionally discharging their weapon under
circumstances that would endanger the safety of the other.

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I will be more than happy to discuss this item/issue with anyone. I will also be happy to discuss measure that I have already taken to get this message out into the pubic.

God Bless...

Sincerely,

A.J.

reeldog80 · 01-16-2009, 01:44 PM

Are you serious?!?!? The last thing we need is our laws to be more strict!!!! People should be responsible for themselves instead of the government making laws to babysit us... People react differently to alcohol and there is no magic number when everyone is unable to drive a boat. Some people are drunk after one glass of wine, I can drink a six pack and not even feel a buzz. Dropping the legal limit will do nothing but increase revenue to the law enforcement agency and make life hell for the people who are on the line that get pulled over. I don't know who you are, but why do you feel like it is your responsibility/right to restrict my behavior more then the government does already?

bamaboy473 · 01-16-2009, 01:46 PM

Bullchit on you and your idea. What factual information do you offer to support the concept that .08 is impairing somebody? All you're doing is making the conviction rate higher for DAs.

Bullchit on the MADD organization for getting the country to .08. It could be .06 in a few years and ultimately .01 if MADD and your crew have their way.

This belongs in the Bilge.

surveyingdawg · 01-16-2009, 01:56 PM

I would hope the boating community as a whole would get together and fight this. As said above, we don't need more rules.

Oh Yeah BJ · 01-16-2009, 03:28 PM

Looks where its from - georgia - need i say more - they tax more and ticket more than anyplace i ever lived

reeldog80 · 01-17-2009, 08:22 AM

Glad I am not the only one who does not want to give the government more power then it has already taken!!!

Tireless · 01-17-2009, 08:37 AM

I don't drink when fishing so it really doesn't matter to me.

It will be nice not having to listen to the plastered aholes on the VHF all day when fishing at the stream.

bamaboy473 · 01-17-2009, 08:50 AM

Imposing more government is the primary consideration, not whether airways will get cleaned up. That's why its important to object to this kind of stuff.

marvin177 · 01-17-2009, 09:31 AM

I quit drinking years ago but don't have a problem with someone having a cold one while out fishing. Actually I think .08 is probably already to low. Law enforcement can't adequately police the laws as they are now and adding lower limits would do nothing but perhaps ruin someones life. I think LEO officers would be far better served to get the blatant offenders off the water which they already aren't able to do.

Dawn2Dusk · 01-19-2009, 08:38 AM

Good morning,
Sadly I'm sorry that this hasn't been better received but I'll attempt to discuss and debate this topic in as civil manner as possible.

First, no I'm not a member of MADD or any organization of similiar likeness.

I also am not presenting this as any sort of means for government funding or supplementing.

My main objective is public safety on what is becoming more and more crowded waterways and more and more crowded woodlands.

I am a "Hunter Safety Instructor", tournament bass fisher and avid outdoorsmen. I have witnessed several boating accidents that were alcohol related and one near miss, that involved innocent children, which drove me to pushing for this legislative change.

Here are couple of factual items that pertain to B.A.C and the operation of vehicles.

Source: U.S. Department of Transportation; National Highway Traffic Safety
Administration
> Location:
http://www.nhtsa.dot.gov/people/inju...ve_summary.htm

> The BAC level at which crashes involving alcohol becomes a societal
problem deserving of widespread societal action is dependent upon the level
of alcohol-crash risk an informed public is willing to tolerate, given available
alternatives to reducing that risk. A level of .10 has been used in prior state
of knowledge reviews in defining crashes of sufficiently high alcohol-crash
risk to use the number of crashes involving a driver at .10+ as a measure of
the alcohol-crash problem. By this measure, the alcohol-crash problem
currently includes about 12,500 fatalities per year in the U.S.
> there is considerable evidence that laws that lower the legal BAC limit from
.10 to .08 can reduce alcohol-related fatalities by some 6-8%.
>We conclude that currently available hard data on the nature of the alcoholcrash
problem are adequate for defining the gross prevalence of alcoholimpaired
drivers in fatal crashes. For example, it is known that some 12,500
persons are killed each year in crashes in which one or more drivers had a
BAC of .10+.

Source: Pacific Institute for Research and Evaluation
> Location: http://www.pire.org/detail2.asp?core=38335&cms=114
> Researchers found that when the United States lowered the illegal BAC
(blood alcohol concentration) limit for driving from .10 to the current .08,
studies in States that lowered the limit indicated that an average 7 to 8
percent fewer alcohol-related crashes, fatalities or injuries occurred.
> “There is clear, strong evidence that lowering the BAC limit is effective,” said
James Fell, a co-author of the study. “Whether it’s lowered from .10 to
.08….., the number of deaths and injuries from drunk drinking will be
reduced and lives will be saved. This latest study offers added support for
lower BAC limits.”
> Fell, senior program director at PIRE (Pacific Institute for Research and
Evaluation), has been involved in impaired driving research for more than 30
years. He points to laboratory evidence showing that most subjects are
significantly impaired at .05 BAC. Drivers with .05 to .07 BACs are also 4 to
10 times more likely

Source: U.S. Department of Transportation, U.S. Coast Guard, Boating Statistics 2003,
Washington, DC: 2004
> Deaths due to boating accidents where alcohol was a contributing factor
Georgia
Ranks # 16 in the Nation with 5 (as of 2003/2004)
> Injuries due to boating accidents where alcohol was a contributing factor
Georgia
Ranks #13 in the Nation with 17 (as of 2003/2004)

Source: http://www.teamgeorgia.net/content/safeboating.asp
…there were 147 boating accidents and 19 boating accident related fatalities in Georgia and DNR
Conservation Rangers made 187 boating under the influence arrests.
From 2006 to 2007 there was a 143% increase in “Boating Under The Influence” arrests

reeldog80 · 01-19-2009, 02:26 PM

Your stats. do not impress me, you can find stats to prove anything that you want depending on who is doing the study and which numbers you choose to pull out of the studies. What are you trying to prove anyway by showing and increase in BUIs in Georgia??? That people already don't pay attention to the law as it is now, so we need to make them more strict so that we can increase the BUIs even more?????

How many of those injuries in Georgia where alcohol was a contributing factor was the impaired driver .08 or .09? Do you actually think that changing the law would actually prevent these accidents? Probably not, it would just add another charge for the boater who has been drinking... I don't keep a breathalizer (spelling?) with me and have no clue when I go from .08 to .1, and i don't think I am alone....

Stop trying to add more/more strict laws!!!! Just let the law enforcement officers enforce the ones on the books, they are already to restricting!!!!!!

bamaboy473 · 01-19-2009, 02:44 PM

Part of these statistics is suspect because of how they're obtained.

For instance, if there's an accident (any kind of vehicle) where even a passenger has been drinking, then the accident report will show "alcohol-related". This may not be for every law-enforcement juristiction, but where the Sheriff or DA or govenor wants tougher laws, the word goes out to LEAs to shore up the stats...

Looks like Georgia is among the states that are trying to enact tougher laws. I respect the OP's interest in making Georgia a better, safer, place to live and play, but leave it up to the cops to interpret existing laws depending on each situation.

Dawn2Dusk · 01-19-2009, 02:55 PM

A few more facts to ponder,,,

The US Coast Guard reports that alcohol is a major factor in approximately 50 to 70 percent of all recreational boating fatalities nationwide.

Alcohol makes it harder to control the gasping reflex that occurs involuntarily when the face or upper body is suddenly immersed in cold water. An intoxicated person is more likely to inhale water into the lungs when plunged suddenly into cold water.

Passengers increase their risk of accident if they drink alcohol. The Department
of Boating and Waterways’ 1993 Accident Report found that in 66% of all alcoholrelated
fatalities, the victims fell overboard and drowned. In 41% of all alcoholrelated
fatalities, intoxicated passengers were the victims of, or contributed to,
the accidents. These findings contradict the “designated driver” concept, which is
now popular in some boating safety literature. The idea of designating a sober
operator has its roots in automobile safety, where the possibility of drowning is not
a factor, and may impart a false sense of safety if applied to boating.

A boat operator is twice as likely to become impaired by alcohol, drink for drink, as someone sitting in a bar. The marine environment – motion, vibration, engine noise, sun, wind and spray – accelerates the impairment of the person who is drinking. These stresses cause fatigue that makes a boat operator's coordination, judgment and reaction time decline.

Even with a blood alcohol content (BAC) of only .01 percent, the risk to operators and passengers increased 30 percent over people with no alcohol in their blood, Foss said. The risk of death was more than 52 times greater when victims showed a blood alcohol content of .25 milligrams per deciliter.

Dawn2Dusk · 01-19-2009, 03:00 PM

Quote:

reeldog80 - 1/19/2009 4:26 PM

Just let the law enforcement officers enforce the ones on the books, they are already to restricting!!!!!!

Unfortunately, the DNR/WRD/LE is very understaffed and in the current budget crisis their ability to patrol the waters this summer will be greatly affected. This law change isn't there to keep people from having a good time, more so to allow people to continue to enjoy their time on the water with a little safer environment.

One question, do you drive to and from the lake? If so, you are already under the 0.08 BAC just as soon as you trailer your boat and start for home.

I sincerely promise that my intent is not to hinder or keep anyone from having a blessed day on the water or in the woods.

Dawn2Dusk · 01-19-2009, 03:01 PM

Quote:

bamaboy473 - 1/19/2009 4:44 PM

Looks like Georgia is among the states that are trying to enact tougher laws.

Not so much tougher, but just bring them inline like all of our surrounding states. Alabama is 0.08 BAC for BUI, so is Florida, South Carolina, Tennessee, etc...

bamaboy473 · 01-19-2009, 03:17 PM

I live overlooking a popular launch site. Too often we've witnessed the Marine Police stop boats because they (the police) have binoculars going all the time; not because some boat is being reckless. This past summer we saw them arrest all occupants (under-age and contributing) of a small boat idling toward the dock. That's six families and six kids who's lives and careers gets smashed forever. These weren't knee-walking drunk, they were just about 100' from the dock when busted.

The underage Laws vary between 18 and 21, depending on which state. These six were just in the wrong state; not endangering people.
The BAL % Laws getting tighter and tighter will ruin many, many more lives than they will potentially save.

I think your heart is in the right place, but you don't understand that the vast majority of these laws are meant to increase revenue for attorneys and juristictions. ...and what occupation is most common to law-enactors? Lawyers.

Please think about six kids and their families and how one gung-ho police action wrecks their lives forever. Place your kid into that boat and watch your daughter getting handcuffed; all of them completely coherent and scared witless. Did anybody get saved in that instance? If you agree that nobody got saved, then consider how strong a fight you intend to make; especially if you have youngsters in your family.

reeldog80 · 01-19-2009, 04:50 PM

No I do not drive to and from the lake, I live there already, sorry you can't catch me there...

What is the use of the new regs if "the DNR/WRD/LE is very understaffed and in the current budget crisis their ability to patrol the waters this summer will be greatly affected" is true? If they can not enforce the ones that are on the books already the new ones are going to be a bigger joke and ignored even more!!

"I sincerely promise that my intent is not to hinder or keep anyone from having a BLESSED day on the water or in the woods." is this some of the real underlying truth coming out? Are you just another bible beater using "safety" as a way to push your Anti-Alcohol beliefs on the rest of us????

Steve762us · 01-19-2009, 06:54 PM

Hey D2D, don't feel overwhelmed.

You're on the right track, the .08 is a good idea. The volume and depth of evidence that shows the substantial increase in motor vehicle operation impairment, from .08 to .10 is old news...arguing that is akin the tobacco companies arguing that smoking wouldn't cause cancer.

The legality of hunting, >.10 BAC, is plain ridiculous. That's embarrassing!

Social drinkers aren't going to be bent out of shape over two-hundredths % of BAC, but active alcoholics will likely get pretty testy. Active addicts--regardless of drug of choice--protect two things strenuously: their supply, and their ability to use. Facts & logic can "work", but it can take a realllllllllly lonnnnnnnnnnnng time...keep that in mind, and keep a salt shaker handy!

never eneough · 01-20-2009, 05:38 AM

please explain the "at any time within three hours"statement.Will that be inforced to mean if you are .06,quit hunting and have two drinks and become .10 that you have violated the law?

Dawn2Dusk · 01-20-2009, 06:41 AM

Quote:

reeldog80 - 1/19/2009 6:50 PM

"I sincerely promise that my intent is not to hinder or keep anyone from having a BLESSED day on the water or in the woods." is this some of the real underlying truth coming out? Are you just another bible beater using "safety" as a way to push your Anti-Alcohol beliefs on the rest of us????

I do believe in almighty God, am saved through the blood of Jesus Christ and my faith in God but let me be the first to say I'm still a sinner, am human and that I do partake of a drink of alcohol from time to time. I think a frosty beer with a good cut of steak is hard to beat, yet I don't drink to the point of being drunk and that's where the difference comes in. I'm not "Anti-Alcohol" but I am "Anti-Drunkards." I'm not trying to push my beliefs on anyone, I will however share the word and blessings of God that has been poured out on me to any person willing to listen.