Can you get in trouble for kayaking with beer?
In particular, I’m talking about the New River in Virginia. If you are kayaking down, maybe partaking in a beer or two, can you get in legal trouble if some cop or game warden or somebody spots you floating down the river? What if it’s not a kayak, but maybe a tube? Thoughts?
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July 5th, 2010 at 1:04 am
Drinking and boating is a rich, time-honored tradition. However, if you are over the legal driving limit then you can get busted, just like you would if you were in a boat under power, in a car, or being pulled down the street by a dog while standing on a skateboard (long story). So an open container of alcohol is, by itself OK, so long as you aren’t drunk; which you should never be on the New River anyway.
I suppose it varies by state, but someone in Oreogn recently took his "rafting while drunk" case all the way to the court of appeals. He lost, but it appears that if he had been in a tube he might have been OK (see link below). You might have to check on Virginia laws for the New River.