Getting stopped on a boat in Missouri is a much different experience than a highway traffic stop.  Although the Missouri State Water Patrol is a division of the Missouri State Highway Patrol, you can expect to encounter some major differences when your boat is pulled over.  Safety checks are common, especially here at Lake of the Ozarks, so you should prepare accordingly.  Here are some suggestions about what you can do to make things easier for you if you’re stopped.  The team at Law Office of Mark A. Webb can help if your stop ends in a boating violation.

1. Don’t panic. Try to remain calm and maintain your composure.  Remember your training and understand that officers are stationed out on the water for public safety.

2. Let the officer come to you. As soon as you see the emergency signals, reduce your speed to idle, then stop safely.  Shut your boat engine off and follow the officer’s instructions.  You will likely be asked to sit still and let the patrol boat come to you.  Water patrolmen are trained and have experience maneuvering their boat in open water at slow speeds.

3. Follow the commands of the officer with respect to the initial contact. Allow the officer to tie his or her vessel to yours, if requested.  You should have your vessel’s documentation ready for the officer’s inspection, as well as your Missouri boater safety ID card (if you are required to have one).  You may be asked to board the officer’s vessel so that he or she can more easily communicate with you.

4. Be ready to answer safety questions. The officer may ask if you have enough life preservers, fire extinguisher(s), a working horn or whistle, and working navigation lights on board.  Be prepared to access those items for inspection. The quantities and types of these safety devices depend on the size and classification of your vessel, so you should do your own research before heading out on the water.  For more information on what is required, visit mshp.dps.missouri.gov

5. If the officer believes that you’re impaired, he or she might ask if you’ve been drinking or using other substances. Do not incriminate yourself.  Once you’ve been asked any guilt-seeking question, ask to speak with a lawyer of your choosing.  YOU HAVE THE RIGHT TO REMAIN SILENT!  Remember to be respectful.  If you’re asked to participate in field sobriety testing during a boating stop, you should politely decline.  Additionally, In Missouri, you are under no obligation to give officers any kind of breath, blood, saliva, or urine sample (i.e. Breathalyzer) during a BWI investigation, but you should speak with an attorney before deciding whether you should provide a sample.  

6. If you decline a request for a sample and an officer requests a warrant, you may be forced to give a sample. This is NOT the time to argue the validity of the warrant or the reasoning the officer asked a judge to issue one.  Be polite and cooperate.  If there is a problem with the warrant, your lawyer will do the rest!

7. If you’re arrested for any violations, remember that you can’t talk yourself out of arrest. We’ve never actually seen or heard of anyone doing it successfully.  Just be cooperative and DO NOT INCRIMINATE YOURSELF.  Call us anytime to speak with a lawyer if officers ask you to answer any guilt-seeking questions.