Drinking & Boating in Alabama: Impairment Standards and the Breath Test Decision

Quick Answer: Impairment on the water is a subjective determination made by officers based on factors like speech and coordination. While you have the right to refuse a breath test, doing so shifts the case's focus entirely to your physical behavior.

It is a common misconception that staying under a 0.08 BAC ensures you will not be arrested. In Alabama, an officer can make an arrest based on "manifestations of impairment"—such as your speech, coordination, and decision-making. Environmental factors like Gulf sun, heat, and constant motion can cause a person to appear impaired even if they are under the legal limit. Officers on a stable platform may interpret these physical signs differently than the operator experiencing them.

The decision to refuse a breath test is a strategic one. While refusal removes a specific number from the prosecution's evidence, it does not prevent an arrest. Instead, the focus of the case shifts to how you appeared and what was recorded on body cam. In many cases, the video matters more than the number. Additional legal consequences may apply depending on the circumstances, making your conduct during the stop vital.

FACING A BUI CHARGE?
Evidence on the water is complex. Our practice focuses on challenging officer observations and technical breathalyzer data in Baldwin and Mobile County courts. CALL BECK DEFENSE