The answer to this question is simple. Nothing! Invoke GRL Law’s trademarked phrase – Shut up, wise up, lawyer up. Do not say anything, do not do anything, talk to a lawyer first.
You cannot be required to answer questions. You cannot be required to perform the boating field sobriety testing – referred to by law enforcement as the seated field sobriety tests (Horizontal Gaze Nystagmus, Finger to Nose, Palm Pat).
Most importantly, you cannot lose your motor vehicle driving privileges if you decline to submit to a breath test, urine test or blood test. GRL Law has previously explained the impact of refusing breath tests in Boating While Intoxicated in our prior blog post titled Boating While Intoxicated – Just say no, don’t blow!!!
Simply put, there is never a reason to submit to testing of any sort in a Boating While Intoxicated investigation. The only exception is when the person being suspected is 100% confident that the breath test, urine test or blood test will prove that the suspected person is well-below the .08 level with zero evidence of drug consumption. When it doubt, contact GRL Law.