Discussion about any notable differences between BWI and DWI, in terms of pre-trial or trial. Examples, opinions, and things to look out for...

D is claiming he wasn't the driver of the boat. Is this a typical BWI defense, considering that unlike an automobile, passengers can more easily move around in a boat.

Also remember that Parks and Wildlife can make no PC, no reasonable suspicion stops of watercraft by statute. It is a "highly regulated activity", but the stop must be for a "safety check" and the scope is limited. Further detention past the check for life vest, occupancy and equiptment checks will have to be justified as PC or reaasonable suspicion. Also check out my article and materials on DWI Resource page for the "seated battery of SFSTs. A very cool tool!

It is not limited to just Parks and Wildlife, any officer that is certified as a Marine Safety Enforcement Officer can make those stops.

Good catch, thank you! That would be all TP&W and many others besides.