IBWSS Boating Under the Influence

1. IBWSS Boating Under the Influence A Law Enforcement Officer’s Perspective Lt. Seth Wagner Chris Castelli

2. The Problem • Changing Cultures • Boating Accident Statistics • Impact of BUI on Society • The Costs Lives/ Money • Resources • PUBLIC EDUCATION (That’s where you come in) • Roadblocks

3. What message does this send?

4. Popular Culture BOATINGALCOHOLFUN! Popular Music TV Commercials/ Social Media Water Sports Rite of Passage Recreation

5. Social Networking

6. History of BUI Enforcement

8. The responsibility of detecting boating under the influence of alcohol (BUI) falls on water patrol officers. Their job, however, is fraught with difficulties. First, on most waterways, it is not illegal to drink while boating; therefore, an open container, is not probable cause for a stop. Second, The officer must be able to determine who the operator is and identify what actions or inactions (clues, indicators) the operator or vessel is displaying that provide an officer with the reasonable suspicion that he/she is under the influence. Third, environmental conditions (wind, water conditions, and heat) can make it difficult to determine boaters’ impairment. Finally, until recently, water patrol officers did not have a validated battery of sobriety tests to be used on water.

9. Detection and Enforcement • Phase One- Vessel In Motion • Phase Two- Personal Contact • Phase Three- Field Sobriety Tasks

10. Indicators Vessel in Motion • Excessive speed for the circumstances • Loud music/ inattentive operator • Overt action of the operator upon viewing Law Enforcement • Disorderly conduct aboard the vessel • Public indecency and/or nudity or public urination • Riding on gunwale and/or bow • Rules of the Road (Navigation Rules)

11. Indicators Personal Contact • Physical evidence • Slurred speech • Failure to perform multiple tasks • Attitude/demeanor • Odors • Coordination/fine motor skills • Etc…

12. Standard Field Sobriety Tasks • HGN • Finger to Nose • Palm Pat • Hand Coordination

13. Credibility of Seated Field Sobriety • 3 year validation study (the study was conducted by the same college that gave us the standing SFSTs and the same process was used). • First significant assessment of the overall effectiveness of seated battery of SFST’s under actual field conditions. • First time objective clues and scoring criteria defined. • When all tests are performed and the prescribed indicators are present, the seated battery of SFST’s are 91% accurate.

14. Validation • The test must be administered in the prescribed, standardized manner • The standardized clues are used to assess the suspect’s performance • The standardized criteria are employed to interpret that performance. IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPRIMISED!

17. Seated Field Sobriety Tests Horizontal Gaze Nystagmus (HGN) • Involuntary “jerking” of the eyes • The HGN test requires three separate checks, administered independently to each eye. Four or more clues indicate impairment due to BAC≥.08%.

18. Seated Field Sobriety Tests Finger to Nose (FTN) • The FTN test requires the subject to bring the tip of the index finger to touch the tip of the nose. It is performed with eyes closed and head tilted slightly back. Nine or more clues indicate impairment due to BAC≥.08%.

19. Seated Field Sobriety Tests Palm Pat (PP) • The PP test requires the subjects to place one hand extended, palm up, out in front of them. • The other hand is placed on top of the first with the palm facing down. • The top hand rotates 180◦ and pats the bottom hand, alternating between the back of the hand and the palm of the hand. The bottom hand remains stationary. • The subjects count out loud in relation with each pat. • Two or more clues indicate impairment due to BAC≥.08%.

20. Seated Field Sobriety Tests Hand Coordination (HC) • The HC test requires the subjects to perform a series of tasks with their hands. It is very loosely adapted from the Walk-And-Turn test performed on land. Three or more clues indicate impairment due to BAC≥.08%.

29. Florida Laws • 327.35 Boating under the influence, penalties and fines increase as severity of incident increases.​ • ​ • 327.352 Tests for Alcohol, chemical substances, or controlled substances; Implied consent. ​ • ​ • 327.354 Presumpton of impairment (.08 bac)​ • ​ • 327.355 Operation of vessels by persons under 21 YOA who have consumed alcoholic beverages.​

33. Florida Statistics • Calendar Year 2017​ • 388 Arrests for Boating Under the Influence of Alcohol or Drugs​ • 25% of Fatal Accidents were attribute to Alcohol or Drugs​ • Calendar Year 2016​ • 280 Arrests for BUI​ • 14% of Fatal Accidents were attributed to Alcohol or Drugs​

35. Roadblocks to BUI Investigations • Detection • Resources • Time of Investigation • Logistics • Court System • Training!

36. On- Water Demo • Begins at 2:00 at Metro Park • See the process in action

37. Q & AWhat are your questions?

38. Contact Information Lieutenant Seth Wagner Florida Fish and Wildlife Conservation Commission Boating and Waterways seth.wagner@myfwc.com Phone:850-617-9455 Chris Castelli Boat US/ SIU Institute of Police Training and Management International Association of Marine Investigators maropsllc@comcast.net Phone: 904-504-8980