A boater who is questioned about their sobriety may be asked by the authorities to submit to further examination. As is the case with criminal charges associated with driving under the influence of alcohol, BUI charges can deliver strict penalties for boat operators found intoxicated beyond the 0.08 BAC limit or with illegal drugs. When a police officer pulls over a person on the water, they may request that person to submit to sobriety tests. However, there are some problems with these tests that call their accuracy into question.
If you have been charged with intoxicated boating, you are entitled to defend yourself against these allegations. For help with your case, contact the Kirkland field sobriety tests on the water attorneys of Cowan Kirk at 866-822-1230.
Problems with Field Sobriety Tests on the Water
Arresting someone for BUI charges can be problematic for police officers because many of the standard tests used illustrate intoxication are compromised while on the water. Because there is no stable ground for a person to balance on, officers may ask boat operators to come ashore and do the tests there. However, even on solid ground, these tests may prove unreliable.
The following issues arise when field sobriety tests are taken on the water:
- If in a boat, these tests can't accurately take the sway of the water into account
- If taken on land, a person may not have enough time to adapt to being on solid ground
- Suspects are often asked to complete a range of tests that could barely be passed on water under any conditions
Because of these complications with the standard battery of tests, a defendant may have a strong claim to dismiss this evidence as unreliable.
If you are facing BUI charges filed after field sobriety tests taken on the water or shortly after you returned to land, a skilled and experienced criminal defense attorney may be able to help you to challenge the validity of the evidence against you. To learn more about your options, contact the Kirkland field sobriety tests on the water lawyers of Cowan Kirk by calling 866-822-1230 today.