Arizona drunken boating legislation stalls

Phoenix - The question of what penalty is appropriate for those who boat while intoxicated is hung up on two issues: How fast were they going, and how big was the boat?

Legislation crafted by Sen. Linda Gray, R-Glendale, would require anyone convicted of "operating a watercraft under the influence'' to serve 10 consecutive days in jail. SB 1080 would let a judge suspend all but one day of that if the boater completes a court-ordered treatment program.

That's the same penalty for first time motorists convicted of driving under the influence. By contrast, current laws governing intoxicated boaters provides only for fines and assessments of at least $1,250.

Jennifer Martin, lobbyist for the Arizona Game and Fish Department, told the Senate Transportation Committee on Tuesday the changes simply bring the laws and penalties on boating while drunk into line with those already imposed on operators of cars and trucks who are intoxicated.

Those laws, like the ones proposed here, do have stiffer penalties for drivers who are far over the legal limit or are repeat offenders.

But this bill makes no difference based on vehicle size or speed - just as it is irrelevant to drunken driving penalties whether a motorist was behind the wheel of a Cooper Mini or a Hummer, or was clocked at 5 miles per hour or 105.

That brought protests from the liquor industry, hanging the bill up at least temporarily.

Don Isaacson, who represents the Arizona Licensed Beverage Association, said it's one thing to impose stiff penalties on someone who is drunk operating a large boat dangerously on Lake Haves.

"You can readily understand that's a dangerous situation,'' he said. "For somebody to go out fishing and have a couple of beers and enjoy bass fishing or whatever on Alma Lake, I think is a whole lot different than creating a big, dangerous situation with a high-speed boat.''

Steve Barclay, executive director of the Beer and Wine Distributors of Arizona, had similar complaints.

"I don't know if I'm in a pontoon boat sitting there with my friends, and we're floating in the middle of Lake Pleasant and we've had a few beers, what's the harm in that?'' he asked lawmakers. "If we're floating and we're drinking beer to cool off and jump in the water, it seems pretty all-American to me.''

Isaacson also pointed out that penalties would apply to anyone whose boat is considered "underway.'' He said that eliminates only those boats which are anchored or on land.

"You could be floating in the middle of the lake and not be under anchor and be 'underway' as the law defines it,'' he said.

But Joe Rodriguez, commander of the lake patrol division of the Maricopa County Sheriff's Department, suggested that the lobbyists were being alarmists.

"It's just like on the highways: For us to conduct a traffic stop, we need to see a violation of Arizona statutes,'' Rodriguez said.

He specifically said that just because a boat is floating in the middle of the lake and its occupants are drinking doesn't permit deputies to check out the driver's intoxication level.

Gray promised to try to work out the differences with the liquor industry before the panel meets again next week.