Portland Press Herald / Maine Sunday Telegram
Rescued skipper faces charge of OUI
Associated Press © Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Thursday, March 29, 2007

SOUTHWEST HARBOR - The captain of a 40-foot wooden scallop dragger that sank in Frenchman Bay failed drug and alcohol tests after he and a crewman were plucked from the icy water, officials said Wednesday.
Skipper Malcolm Dow and crew member Tom Trip, both of Trenton, managed to don survival suits and climb into a life raft as the Luke & Jodi, out of Jonesport, went down late Tuesday, the Coast Guard said.
The skipper, whose blood-alcohol content of 0.20 percent was more than twice the legal limit for operating a vehicle in Maine, was charged under state law with operating under the influence, said Tom Reardon of the Maine Marine Patrol.
In Maine, the legal limit is 0.08 percent, Reardon said. The federal limit for commercial fishermen is 0.04 percent, he said.
A Coast Guard spokeswoman, Petty Officer Etta Smith, said the cause of the sinking remains under investigation. The weather was relatively calm, and "we don't really have any clues as to what exactly transpired," she said.
The boat's owner, Aaron Smith, said the vessel was returning to Jonesport when it struck something in the water.
"They hit something, which obviously busted a plank," Smith said. "They barely had time to get into the survival suits and the raft."
The Coast Guard launched an air and sea search after an automated radio beacon signaled that the fishing boat was in distress. Initially, there was confusion because Smith told the Coast Guard he thought that the Luke & Jodi was moored.
After checking on his computer, Smith quickly realized the vessel was still at sea and was in trouble, he said.
Dow and Trip were rescued near Egg Rock at 11:30 p.m. and taken to the Coast Guard station in Southwest Harbor.
The Maine Marine Patrol responded after the Coast Guard alerted the agency of suspicions that alcohol was involved. Dow was taken to the Bar Harbor Police Department, where the tests were performed.
Dow showed signs of alcohol impairment, including slurred speech, Reardon said.
Dow was charged on the basis of the blood-alcohol test results, Reardon said. The skipper also tested positive for the active ingredient in marijuana, but more tests will be required, the officer said.


Reader comments

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Realworld of machias, ME
Mar 29, 2007 7:15 PM
It is zero tolerance on a boat which by means of intoxilyzer testing is 0.04% the Coast Guard is Federal report abuse
Tom Simpson of Portland, ME
Mar 29, 2007 5:21 PM
What is with all the stuff about Maine just "Slapping on the wrist?" Maine has one of the most stringent OUI laws in the country

As for the operation of a boat being half of that for a car, that is wrong, both are .08

What you may have been reading is the Federal limit is .04, a charge which was not brought. Maybe you should be complaining the Coast Guard failed to charge him under the tougher Federal Law which carries a heftier sentence

I think many people are taking the reporting by the PPH as the "Whole story," you need to do some research for the rest of the story (Or listen To Paul Harvey)report abuse
MissKelly of Hollis Center, ME
Mar 29, 2007 4:21 PM
Colleen I think you mean he just had to have THOSE drinks. He should get a hefty sentence considering he was operating a boat and the legal limit for that is half the legal limit for operating a car. .20 is a lot more than .04.report abuse
Colleen Kinney of york, SC
Mar 29, 2007 3:38 PM
Go figure, more drunks on the loose. Don't worry skipper they will only slap you on the wrist. Maine is known for that. You will be loose in no time, even though you did just put people lives in danger. You are such an idiot! You just had to have that drink didn't you?!

With the coast Guard involved I sure do hope things go a whole lot better and you get a much stronger jail sentence than the others that recently got away with this sort of thing.report abuse

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