Originally Posted by slavetotheflyrod
You're still missing the point, duder.
The point is this: Without a field sobriety test (which is 100% optional) and/or a handheld brethalyzer (again, 100% optional), it's pretty much impossible for an LEO to develop the probable cause to make an arrest for suspicion of BUI, unless of course you're totally obviously wasted.
If you're smart about it the logistics shouldn't mean fuck-all since it won't be your ass going to the clink in the first place.
Ok, I'll give you that. I'm making the assumption (obviously NOT a given fact) that the LEO has observed by this point something which gives him/ her cause to believe that the operator IS under the influence. In a vehicle anyhow, this probable cause is pretty darn easy to create. "well judge, he was ROWING erratically... he even crossed the center of the river!"
Either way, good that this seems to be a pretty much theoretical conversation, but if someone really IS wasted at the oars, and endangering his friends... this law being enforced sure wouldn't break my heart.
Being smart about it will do you good... being a smart ass about it, likely to do you a pretty solid dis-service.