Boating Conditions Can Complicate Impairment Evidence
Wind, waves, sun, heat, dehydration, boat movement, and unfamiliar surfaces can affect balance and coordination. Water-patrol officers may use observations, marine field tests, preliminary testing, and evidentiary chemical testing.
The presence of an open alcoholic beverage on a boat is not itself proof of unlawful operation. The State must establish the statutory violation and connect the evidence to the operation of the watercraft.
Operation and Alcohol Limits
Wisconsin prohibits motorboat operation while under the influence and generally prohibits operation with an alcohol concentration of .08 or more. A .04 standard applies to commercial motorboat operation.
- Identify the type of vessel and operator
- Determine whether the operation was commercial
- Build the timeline of operation and drinking
Marine Sobriety Evidence
Traditional roadside balance exercises can be affected by the boating environment. Review training, instructions, surface, waves, footwear, fatigue, and the transition from water to land.
- Request patrol, body-camera, or shore video
- Document weather, wake, and water conditions
- Review the marine-testing protocol
Penalties and Aggravating Facts
A first BUI can result in a forfeiture. Repeat offenses can bring higher fines and jail, while injury or death creates substantially more serious exposure.
- Verify prior boating-related offenses
- Review refusal and chemical-test notices
- Analyze causation in accident cases
