JP was on a pontoon boat with his family when the boat was stopped by DNR wardens for having blue lights illuminated across the side of the boat at night, which is a violation of the law. They instructed JP to turn off the ignition as he was operating the boat. The wardens then boarded the vessel. They allegedly observed the odor of intoxicants coming from JP's breath and JP admitted to consuming two, three or four beers. JP was then run through field sobriety tests, which he allegedly failed and was arrested for Boating While Intoxicated.
Attorney Murray focused the attack on the field sobriety tests. The typical roadside field sobriety tests related to balance cannot be performed on a boat. For this reason, the wardens administered the Horizontal Gaze Nystgamus (HGN) test, which had problems with its administration, a finger to nose test, a palm pat test, and a hand coordination test. The problem with these tests (aside from the HGN) is that they are not standardized and supported by the studies the way roadside field sobriety test are. Knowing this, Attorney Murray challenged the relevancy of the supposed "failed" tests to the issue of intoxication and asked the judge to keep out this evidence.
The judge never issued a decision because the prosecution offered to resolve the case with citations for speeding and a lighting violation prior to the motion hearing, which JP gladly accepted.
