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augustina87 · Feb 8, 2013, 09:48 PM

If two people are on a boat, one in the cabin and one standing on the rear of the boat - no where near the controls - and a dock hand is untying the dock line can someone on the boat be charged with ovi ? If so who ?

joypulv · Feb 9, 2013, 04:05 AM

All 3 of them, I guess, without more information about who (if anyone) might be captain, and what prompted the hand to untie, and who is making the charges, police or others who were damaged. You also don't say where the controls are and who was closest and might be presumed to be in charge of them. Or if all were given a breathalizer.

Fr_Chuck · Feb 9, 2013, 09:05 AM

All can be charged, it is up to the officer, the dock person would or should never untie unless someone is at the control. The dock hand may be charged for some level of carelessness

Mcsap9213 · Feb 9, 2013, 09:00 PM

Unless someone fesses up to being the " captain " , the person who is in " control of the boat" was the deckhand. He was actually exercising control over the movement of the craft by his actions.

In my state , the " driver " of a car can be charged with dui if they are in the drivers seat and the engine is running , even if they are sound asleep in a parking lot. Its called Actual Physical Control. FYI.

joypulv · Feb 10, 2013, 03:44 AM

'.. the person who is in " control of the boat" was the deckhand.'

True - but what if someone on the boat told him to cast off?
What if he was just an employee of the marina?

Mcsap9213 · Feb 10, 2013, 05:09 AM

Of course, if the person casting off is merely a dock employee and is not under the influence... they would not be charged.

Unless it was a rental boat and the dock employee allowed them to go out knowing they were intoxicated. Under that scenario, the dock employee could be charged for allowing them to go out.

joypulv · Feb 10, 2013, 05:30 AM

Originally Posted by Mcsap9213

Of course, if the person casting off is merely a dock employee and is not under the influence....they would not be charged.

Unless it was a rental boat and the dock employee allowed them to go out knowing they were intoxicated. Under that scenario, the dock employee could be charged for allowing them to go out.

True!

AK lawyer · Feb 10, 2013, 07:00 AM

Originally Posted by Mcsap9213

Of course, if the person casting off is merely a dock employee and is not under the influence....they would not be charged.

Unless it was a rental boat and the dock employee allowed them to go out knowing they were intoxicated. Under that scenario, the dock employee could be charged for allowing them to go out.

OK. But that doesn't answer the question. Obviously if the "dock hand" is not under the influence, s/he cannot be chaged with OVI (which acronym I assume means "operating a vehicle under the influence".

Really too many unknowns in this scenario:

What state or country?
Who had the keys?
Who asked the dock hand to untie the boat (presumably with the intent that the two onboard would get the boat underway)?

I'm guessing that an officer of the law happened by at this moment in time and ticketed someone. He or she should have waited a moment, to see who was going to start it up.