DUI while rafting??

[NeedSpeed]

Juneau man gets DUI on raft in Chena River
by Sam Friedman/[email protected]
Aug 01, 2012

FAIRBANKS — A Juneau man faces a rare DUI charge for allegedly having a 0.313 breath-alcohol content as he floated through Fairbanks on an inflatable raft Sunday night.

Alaska’s driving under the influence law applies to people operating motor vehicles, water craft and airplanes. The vast majority of charges are for terrestrial motor vehicles.

But when Alaska State Troopers received a report of a “heavily intoxicated” man floating down the Chena River near the Parks Highway bridge at 6:40 p.m. Sunday, a wildlife trooper boat responded and arrested 32-year-old William Modene.

“Modene had been floating on the river for the day and consuming alcoholic beverages the entire time,” troopers wrote in their “daily dispatches” log on their website.

At 0.313, Modene’s breath-alcohol content was almost four times the legal limit for operating a vehicle, 0.08.

Modene was arrested without incident and was cooperative with troopers, trooper spokeswoman Megan Peters said.

Modene posted $2,500 bail on Monday, according to the Alaska court system website.

Under Alaska’s DUI law, operating a water craft means to “navigate a vessel used or capable of being used as a means of transportation on water for recreational or commercial purposes on all waters, fresh or salt, inland or coastal, inside the territorial limits or under the jurisdiction of the state.”

Read more: Fairbanks Daily News-Miner - Juneau man gets DUI on raft in Chena River

[Stangkiller]

That's bullshit, we toob the Guadalupe river here in Tx every year, god knows my BAC might approach that high from time to time.

[bryanZ06]

Originally Posted by Stangkiller

That's bullshit, we toob the Guadalupe river here in Tx every year, god knows my BAC might approach that high from time to time.

It's a good thing I didn't get "pulled over" the last time I was on the Broad River.

[Burnt C6]

So they are going to take away his drivers license for floating down the river? Sounds like a bunch of overzealous azz hats to me. I’d fight the damn thing all the way to the Alaska Supreme Court. This is why working in laws it total BS. They can be interpreted as the LEO and his dumb ass DA sees fix in most cases. Public intoxication maybe but DUI no way.

[NeedSpeed]

What is he going to float into somebody and run them over?

[MrPeabody]

Originally Posted by TxAg

Well dude might be a bit thankful. He could have ended up dead.

But I agree DUI is a bit much.

At .313 he was damn near dead already.

[Craig]

I wonder if he tried to lead them on a high speed chase.

[Kevin_73]

The article said that he was "floating on the river". To me "floating" implies a passive action. The article goes on to say that "Alaska’s driving under the influence law applies to people operating motor vehicles, water craft and airplanes". Doesn't sound like he was "operating" anything. With a BAC of 0.313 I doubt he could have even put the right end of an oar in the water.

[ZipZap]

Probably did the guy a favor. They couldn't just drag him off and sober him up without a reason. My guess is he'll pay a small fine on a public intoxication charge and live to drink another day.

[Bucwheat]

The judge will throw that out, maybe public drunk would be a closer charge.

[99 pewtercoupe]

Originally Posted by Bucwheat

The judge will throw that out, maybe public drunk would be a closer charge.

[mike100]

And if he didn't have a license what would they have done I wonder.

probably could argue that you weren't piloting a vessel, but rather the other way around...or maybe argue that an inflatable without any means of propulsion isn't a vessel as, I believe, the law originally intended.

[Cybercowboy]

Eh, makes about as much sense as when they give DUIs because a person is sleeping off their drunk in their car parked behind the bar. I've known three people that got DUIs for that. It's pretty chickenshit if you ask me.

[MrPeabody]

I know a few boat deputies where I live. They will tell you the reason they arrest drunk people in boats is because they get tired of pulling them out of the water after they drowned.

[MrPeabody]

Originally Posted by Waco

So what next, giving people DUIs for swimming while drinking?

No, because there's no vehicle involved. Drunk in public would be the charge there.

[Joecooool]

The article says he was arrested without incident so the cop must be a first class asshole.

[MrPeabody]

Originally Posted by Waco

There's no vehicle when floating on an inflatable or foam raft either.

That would depend on that state's definition of watercraft. I don't know what that definition is in Alaska. I would hope the police would. If they don't, the judge will.

[MrPeabody]

Originally Posted by Waco

If an inflatable/foam raft is a watercraft then any flotation device is...which is ludicrous.

Not really. The legal definition could have to do with the length of the craft.

:

[Sea Six]

Originally Posted by Joecooool

The article says he was arrested without incident so the cop must be a first class asshole.

What in the fucking fuck are you talking about?

[Sea Six]

Originally Posted by Waco

Fuck if I know.

I doubt if he does, either.