Floating Under the Influence in Alaska

DUI laws around the country have been enforced against people riding golf carts, motorized bar stools, Zamboni ice cleaners and horses. Those cases have been prosecuted and won because the facts fell into some convoluted definition of "vehicle" or "conveyance" or "vessel". And, either a judge or jury bought the argument.

In Alaska - land of nature, wildlife, freedom and Sarah Palin - a man was arrested and charged for "driving under the influence of alcohol, floating in a raft on a river through Fairbanks". There are a few ways to look at these types of cases. First, does the object you are "in or on" constitute a vehicle? Second, could you really hurt yourself or someone else in it, even if your BAC was over the legal limit?

In Alaska, many people get around by boat and the waterways are an essential means of transportation. Their DUI statute reads:

"[a] person commits the crime of driving while under the influence of an alcoholic beverage, inhalant, or controlled substance if the person operates or drives a motor vehicle or operates an aircraft or a watercraft while under the influence of alcohol".

The law also goes on to define "operating a watercraft" as "navigate a vessel for means of transportation on water". Floating in a raft on a river is not "navigating", it's floating. If by navigating they want to include my hands used to steer my inflatable raft, then lock me up.

For more information about my firm Jonathan Blecher, P.A. and my qualifications, please visit my website www.duilawdefense.com.