Web Version: Defending Boating While Intoxicated Cases

Conducting a sobriety test on a rocking boat is different from conducting a sobriety test on dry land. Numerous boaters who are drinking and boating responsibly are subject to wrongful arrest due to questionable seated sobriety exercises used to determine boater impairment. When handling a “boating while intoxicated” case, defense attorneys should review (1) the two studies that focused on investigating intoxicated boaters in the marine environment and (2) the training manual created for water patrol officers. Doug Murphy and Steven Oberman identify issues that are essential in mounting a legal defense.