# Oregon and open container law?



## shappattack (Jul 17, 2008)

Yes


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## earthNRG (Oct 24, 2003)

brasscap said:


> Is it true there is an open container law while rafting Oregon's rivers?
> 
> I caught wind of this a couple days ago from someone I raft with.





shappattack said:


> Yes


Can either of you be more specific as to what the law states? Thanks.


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## shappattack (Jul 17, 2008)

I guess it is not technically illegal to have an open container in small craft, but it is illegal to be under the influence of intoxocating substances and piloting the craft. I believe there is a lot of deference given to an officer in determining if you are under the influence, making it a defacto open container law.


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## earthNRG (Oct 24, 2003)

So it's essentially a BUI law, not too unlike nearly everywhere else?


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## solboater (May 9, 2011)

No statewide open container law for boaters here in Oregon. .08 % BAC here,like all 48 mainland states, for the operator of the boat is the max.


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## slavetotheflyrod (Sep 2, 2009)

I'm going to give you all a bit of advice that might just save your asses one of these days.

NEVER, I REPEAT, NEVER CONSENT TO A FIELD SOBRIETY TEST.

First, you have the right under the fourth amendment to refuse. Refusing a field sobriety test is not the same as refusing to submit to a blood, breath, or urine test when under arrest for suspicion of BUI, DUI or any other fancy acronym - YOU CAN NOT BE PENALIZED FOR REFUSING A FIELD SOBRIETY TEST, NOR CAN REFUSAL BE USED AS GROUNDS FOR PROBABLE CAUSE FOR AN ARREST OR AS EVIDENCE OF INTOXICATION.
The burden of proof is not upon you to prove that you're sober, it's upon the L.E.O. to prove you're not, and unless you're completely wasted that's pretty hard for them to do without the evidence they'd obtain through a F.S.T.

Second, they're rigged - okay, technically not "rigged", per se, but they're highly subjective. Things like blood shot eyes, slurred speech, staggered gait, etc cannot be quantified. How does the L.E.O. know that you're eyes aren't always a bit bloodshot, or that you always stagger a bit from an old injury?

Last, No one in the history of mankind has ever been cleared from suspicion as a result of "passing" a F.S.T. Ever wonder why they always follow up a F.S.T. with a hand held brethalyzer regardless of the result of the F.S.T.?

Which brings me to another point - NEVER CONSENT TO A HANDHELD BRETHALYZER - EVER! The results are in-admissable in court. Why? Because the margain of error on the fucking things is between +or- 7-25% depending upon the make and model. 

Keep your cans in a koozie - preferably one tall enough that the beverage can't be identified as alcoholic at a glance, crush your empties and keep them out of sight, and never allow a L.E.O. to "inspect" your cooler. Those three tips, plus the advice above makes it virtually impossible for a L.E.O. to develop the level of "reasonable suspicion" required to effect an arrest or issue a citation. That is, of course, unless you're totally wasted, in which case your dumb ass probably deserves whatever comes your way.


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## pretender (Dec 23, 2008)

Last two times I went down the Lower Rogue (Grave Creek to Foster bar) The Curry County Sheriff was looking upstream with binoculars for people boating with open containers. So just stow the the brews a mile or so upstream from the take-out and chances are you'll be good to go. 
I don't believe there's a law (yet) to keep you from having one (some) while packing your gear.


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## slavetotheflyrod (Sep 2, 2009)

If they're enforcing an open container law it doesn't matter if you're on the river or on the ramp. An open container in public is a violation.

Again, all this can be avoided with a $3 koozie


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## solboater (May 9, 2011)

So there is no open container law specific to boating. However, slavetotheflyrod is correct in that just like almost every other state we do have public open container laws. The thing we don't have like most other states is sales tax. So, if you happen to be boating in a high use area with limited put-ins and take-outs, like Foster Bar mentioned on the Wild and Scenic Rogue, during a little budget shortfall you may be making a donation to one of our local agencies if you are in violation.


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## pretender (Dec 23, 2008)

Now I must admit to being not in the know so read this with that in mind. It was my impression that the open container is not illegal for the passengers (or for that matter being looped is not illegal for the passenger) but piloting a boat while under the influence is. And by looking for open containers the sheriff was just looking for likely violators to the BUII law. ($5,000+ fine)
Also the array of fishermen at the take-out with open 24 oz cans would verify open containers are not an issue as long as you're on solid ground.
I apologize if this is just a load of misinformation.


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## brandob9 (Jun 13, 2010)

To make matters more lively in Oregon, your BUI will also go down on your driving record as a DUI, with all the fun that entails.


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## CO.rafter (Oct 10, 2010)

who knows about Colorado?


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## spf (May 29, 2004)

Well put slavetothefly. That was one of the best pieces of advice I've yet to see passed on in a text format.


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## pinemnky13 (Jun 4, 2007)

Slavetothefly, or clapton crotch, best advice ever! I cant pass a field sobriety test at noon on a Tuesday with 48 hours of no beer but, what happens when they want to do a blood test after you refuse a portable B.A. Test?


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## BobN (Mar 28, 2006)

While Slavetotheflyrod may be right about refusing to take a field sobriety test, state law varies greatly on the admissability of portable breathealyzers as well as the consequences for refusing. In some states, such a refusal may result in an automatic license suspension regardless of whether you are ultimately convicted of DUI. So, the advice should be know the DUI laws in your state before refusing a portable breathalyzer. Or even better, only have a beer or two before getting behind the wheel, then it won't be an issue.


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## treehugger (Jul 29, 2009)

​I was arrested in Fort Collins CO, while I was in college. I stepped out of the car aggreed to a FST, then they asked for a breath test. I had not been drinking much that night and it had been a couple of hours since my last drink. I refused the field breath test so they cuffed me, searched me and took me in. I accepted the breath test at the station and blew a 0.5 ​​I was charged with DWAI, Driving While Ability Impaired. I had to go to court got 24 hours of community service, alcohol classes and a crap load of fines.​​After that I got real interested in my rights and this is the best advice I have found.​​Got pulled over again a couple of years ago in Fort Fun, saem kinda situation. I followed this to the letter. I never had to ask for a blood sucking, cloven hooved vampire/scumbag future politician of a lawer!​​​*EXERCISE YOUR CONSTITUTIONAL RIGHTS!*​*Never open your door to the police*
If you do open the door, step outside and close it behind you.
*Keep private items out of view*
If police see something illegal in your car, home, boat, or on your person, it gives them probable cause to search you.
*BE CUTEOUS & NON CONFRONTATIONAL*
Ask why you are being stopped or confronted by the police. If they have no reason you can end the encounter at any time.
*NEVER GIVE PERMISSION FOR A SEARCH!!!*
Excercise your fourth amendment right and protect yourself against unreasonable search and seizures.
*NEVER GIVE PERMISSION FOR A SEARCH!!!*
If a officer asks your permission for a search, he doesn’t have enough evidence to search you without your consent.
*DETERMINE IF YOU CAN LEAVE*
YOU HAVE THE RIGHT TO END YOUR POLICE ENCOUNTER UNLESS YOU ARE DETAINED OR ARRESTED. *ASK THE OFFICER “Am I free to go?”*
*DO NOT ANSWER ANY QUESTIONS *
*Anything you say can and will against you. It is best to ask for a lawyer; use your fifth and sixth amendment rights.*
*ASK FOR A LAWER*
*Continue to ask for a lawyer until police questioning stops. If the police do detain, search, or arrest you do not resist.*
*http://www.flexyourrights.org*


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## treehugger (Jul 29, 2009)

DWAI= Driving While Almost Inebriated


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## treehugger (Jul 29, 2009)

Copy and print that. Give it to your friends! I keep a copy of it on a card behind my drivers license in my wallet.


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## MountainMedic (Apr 24, 2010)

In MT, you do not have the right to an attorney or miranda when detained for dui. How messed up is that?


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## treehugger (Jul 29, 2009)

That is seriously messed up. I guess your best bet is to run for the border! 

"A patriot must always be ready to defend his country against his government"
Edward Abbey


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## slavetotheflyrod (Sep 2, 2009)

pinemnky13 said:


> Slavetothefly, or clapton crotch, best advice ever! I cant pass a field sobriety test at noon on a Tuesday with 48 hours of no beer but, what happens when they want to do a blood test after you refuse a portable B.A. Test?


The only scenario where you'd be required by law to submit to a blood, breath or urine test (or face a mandatory license suspension) would be in the case of an arrest for suspicion of DUI. At that point the officer has already determined that sufficient probable cause exists to make the arrest, and the the portable brethalyzer is a mere formality. 

You would have to be pretty obviously intoxicated in order for an officer to effect an arrest without the evidence obtained via FST's or the portable breath test, in which case you probably had it coming.


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## treehugger (Jul 29, 2009)

Hey slave,

You are obviously not familiar with Fort Collins, CO. It is a college town with officers dedicated to DUI enforcement. My arresting officers title was DUI enforcment officer. They make alot of money off college kids so they can afford new, fun cop toys. I made the mistake of saying that I had a couple of drinks a couple of hours earlier. Because of that admission he then had probable cause to detain me after I refused the roadside breath test. I was pulled over for not using a turn signal in the left hand turn lane at about 230 in the am with no traffic. ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU! So yeah *maybe I had it coming for talking with a cop, but not for drinking.* I got pulled over in front of the police department and I BLEW A 0.5%. That is 1 glass of wine with dinner. I was polite and respectful. Not everyone who gets in trouble with the law "has it coming". Like everyone else cops are not always good people and they make mistakes. Some of them really do have serious personality disorders. Not all, but many cops get into the proffession for the power and control over people, not to protect and serve. You need to know your rights and excercise them or suffer the consequences.

But I did meet alot of new friends to drink with in my alcohol class, so I guess it wasn't all bad.


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## treehugger (Jul 29, 2009)

I suppose you think those hippes at Kent state had it coming too and that OJ Simpson is innocent.


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## treehugger (Jul 29, 2009)

So now that my smack talking rampage is over, ya wanna go float and fish some rivers. I'm lookin for people to share paddling duties who can actually flyfish and understands trying to drift a fly. I promise i'll keep my beer in a cozy and not submit to FST, or otherwise answer a law enforcment questions. 

your friend Treehugger


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## treehugger (Jul 29, 2009)

Or maybe we could hit the South Platte next winter. I usually winter in CO.


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## adgeiser (May 26, 2009)

Treehugger,
Wow a member since july 2009 and 16 post.... All on this one thread (almost)... I'm guessing you are still harboring some animosity.


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## treehugger (Jul 29, 2009)

I am an angry angry treehugger..... And I am currently chained to a desk against my will. Normally I avoid computers during work and paddle or fish on my time off.

All work and no play makes treehugger a dull boy.


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## slavetotheflyrod (Sep 2, 2009)

treehugger said:


> Hey slave,
> 
> You are obviously not familiar with Fort Collins, CO. It is a college town with officers dedicated to DUI enforcement. My arresting officers title was DUI enforcment officer. They make alot of money off college kids so they can afford new, fun cop toys. I made the mistake of saying that I had a couple of drinks a couple of hours earlier. Because of that admission he then had probable cause to detain me after I refused the roadside breath test. I was pulled over for not using a turn signal in the left hand turn lane at about 230 in the am with no traffic. ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU! So yeah *maybe I had it coming for talking with a cop, but not for drinking.* I got pulled over in front of the police department and I BLEW A 0.5%. That is 1 glass of wine with dinner. I was polite and respectful. Not everyone who gets in trouble with the law "has it coming". Like everyone else cops are not always good people and they make mistakes. Some of them really do have serious personality disorders. Not all, but many cops get into the proffession for the power and control over people, not to protect and serve. You need to know your rights and excercise them or suffer the consequences.
> 
> But I did meet alot of new friends to drink with in my alcohol class, so I guess it wasn't all bad.


Dude, chill out.

I wasn't specifically refering to your situation, and I'm well aware of the FoCo cops fondness for alcohol laws and DUI enforcement, having lived there myself for a time. If you re-read my post, the assertion I make is that if you're so obviously wasted that the cop doesn't need a field sobriety test or portable breathalyzer to effect an arrest for suspicion of DUI, then you had it coming. Based upon your posts I don't believe you were in such a state. 

For the record, I'm all for arresting intoxicated drivers or boaters whom constitute a threat to themselves and others. What I can not tolerate is these all too common situations where a person who's had a couple of drinks but in no way constitutes a threat to public safety get hauled in and run through the "justice" factory. 

Now then, I'd be glad hit the river with ya anytime - just shoot me a pm.

-Slave


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## treehugger (Jul 29, 2009)

You wanna see animosity, check my posts on the worst deals thread


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## treehugger (Jul 29, 2009)

OK i'm chilled slave, 

Hope we can meet on the river sometime. Shoot me a message if your eveer paddling in ID. Or maybe we can meet up and fish the s platte next winter. I'm usually in CO in the winter.

Your friend angrytreehuggerdude.


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