When a person is pulled over on the water by a police officer or Coast Guard official on suspicion of BUI, they may face a full battery of field sobriety tests (FSTs). These tests are used by officers to test the balance and cognitive abilities of motorists. However, there are several complications that may occur when these tests are administered on the water or shortly after a boater docks.
If you are facing BUI charges on the basis of field sobriety test outcomes, we may be able to help you fight these charges by working to discredit these tests. To discuss your case with a skilled and experienced lawyer, contact the Redmond field sobriety tests on the water attorneys of Cowan Kirk by calling 866-822-1230.
Concerns with Compromised FSTs
A field sobriety test can be used as evidence in a BUI case against a boat operator. These charges may be filed if one's BAC is 0.08 or greater, or if he or she is impaired by a drug other than alcohol. The results of FSTs on the water or shortly after docking can influence the outcome of these cases.
Some of the following problems may make these FSTs unreliable:
- Shaky surface for anyone attempting to balance
- Continued “sea legs” shortly after docking for testing
- Focus problems associated with long-term exposure to heat and the sun
An individual may fail to complete the field sobriety tests properly under these circumstances, without the influence of alcohol or drugs. Accordingly, you should retain the services of an attorney who will aggressively seek to have flawed evidence excluded from consideration.
If you are facing allegations of intoxicated boating, we are prepared to be of assistance. Contact the Redmond field sobriety test on the water lawyers of Cowan Kirk at 866-822-1230 today.