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Name:
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Capt M Brooks
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Subject:
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Boating Drunk, Question for Captain Brooks
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Date:
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7/29/2010 1:40:57 AM
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Each time an officer either makes an arrest, writes a ticket or chooses not to do either he's exercising his discretion, but this applies to all laws, not just alcohol laws.
People tend to read a lot into the blood alcohol concentration number, and true enough, the higher the number the more likely that a person is impaired beyond any ability to drive safely or make proper choices. However, I have seen an individual below the .08 level who exhibited signs of impairment much greater than an individual who came in at .12%. The plain fact of the matter is that alcohol affects each individual differently and there are many factors at play with regard to the levels of impairment. It's next to impossible to apply any standard of impairment across the board but all of the DUI and BUI laws that I'm aware of set the legal level of intoxication at .08%. If an individual hits that level or higher then he or she is considered by law to be intoxicated. We give a set of field sobriety exercises that are designed to help us determine impairment in an individual, and we look at how an individual does on all the tests given to make that determination. We take into account nervousness, the actions of the water, the wind, etc., but officer experience also plays a very big part in BUI enforcement.
An individual can be arrested and charged with DUI or BUI no matter the BAC level. In fact, some people refuse to take field tests and are arrested, charged and prosecuted without a BAC reading. It all depends on the totality of the circumstances. Most District courts want to see that .08% or higher level on paper but I have seen many people convicted for DUI and BUI who had a BAC below .08%. Again, it depends on the circumstances.
Our officers take BUI enforcement seriously, as do all of the city, county and state officers that I know. Again, an officer's experiences guide him in his discretion and it doesn't take long in law enforcement to see the dangers and problems caused by people who drink too much and then drive. Alcohol is also a catalyst in many domestic disputes, fights and dumb things that people do on a whim.
One other pretty important factor to consider is boater's fatigue. The rocking of the boat, the wind, the sun...after being in these conditions for hours in a day most individuals would not be able to pass a standard set of field tests such as the walk and turn or one-leg stand, and that's without drinking. Alcohol compounds this phenomenon.
Marine police officers have to exercise sound judgment just about every weekend when it comes to BUI enforcement. Things are different with us than with land officers due to our environment. We can't easily call a wrecker out to the lake to tow a boat or back-up officers to assist with unruly passengers. Many times our folks are alone and not only do they have to worry about testing the subject but if an arrest is made then the officer has to decide what to do with the boat, how to take care of the passengers and how he's going to get the arrestee transported. It can take 2-3 hours at times to get an individual to the county jail after he's arrested. It is a difficult, dangerous time for the officer and the fact that our folks continue to work hard at BUI enforcement is a true testament to the dedication they have to what is becoming more and more a thankless job. Not everyone can do this job and nothing is ever simple it seems. Our officers keep plugging along, though, and I am extremely proud of them for that. Did I mention that at Aquapalooza it was 113-degrees inside those little Sea Ark patrol boats?
I hope i've answered your question or at least given you some idea of how we operate. If you have any additional questions I'd be more than happy to respond.
Matt Brooks
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