Not Guilty Verdict in Boating While Intoxicated Case

Good afternoon. A new case victory is posted on my website. See Not Guilty Case of the Week for the Week of December 21, 2007 at:


This was a not guilty verdict after a trial on a charge of "Boating While Intoxicated", sometimes referred to as "BWI". The boat operator was stopped for a minor light infraction, then subjected to the usual array of interrogation and "marine field sobriety testing", so-called. These seated exercises are much like old palor or "sleight of hand" tricks and don't have much to do with whether you can drive a boat safely. Nonethless they are part of every boating while intoxicated case in which the operator agrees to play along with the officer's demands to perform them. Note that this operator passed his final "marine field sobriety test" but got arrested anyway! If you read the case examples from the weeks of December 14th and Decmeber 7th, you'll note that these operators passed their field sobriety tests and were arrested any way.

In some cases the officer has made up his mind to arrest you long before he watches you touch your nose with your eyes closed. CHOOSE WHETHER TO SUBMIT TO FIELD SOBRIETY TESTS CAREFULLY. THEY ARE DESIGNED TO TRICK YOU AND FOR YOU TO FAIL THEM. Also, as these last three case examples show you, you will probably be arrested even in the off-chance that you happen to pass them.

Have a safe night!

1 comment:

  1. which kinds of tests do they make you do ona boat.i know on the road you have to walk a line and stand on one foot?what do you say to let them know you dont want to do them?