recped wrote:
What would constitute probable cause giving authorities the right to demand a riverside sobriety test and saliva sample?
Will I be safe if I only paddle my canoe under the influence cannabis in locations more than 2 hours from the required facility that can obtain a blood sample for final determination
Probable Cause could include,
-smelling alcohol or cannabis
-seeing open alcohol or cannabis
-admitting to using alcohol or cannabis
But first they have to stop a boater, which may be different than stopping a driver.
Canoeing is a Right, Driving is a Priviledge.
They can't stop
-to check license, insurance, registration
-because a canoe is swerving
Police can & will stop boaters for random equipment checks, but they may have trouble turning that into a sobriety check.
If police wish to randomly stop canoeists to check for sobriety they'd have a better case with fixed position stops(R.I.D.E.), rather than random roving stops. And they won't benefit from any decision concerning the highway traffic act. My bet is that it'll be much harder to prosecute than vehicular impaired driving. That said, Beware in busy areas with access to a boat launch.
I'd rather of seen safety campaigns highlighting the dangers of alcohol & boating, the benefits of helmets in whitewater and the need for thermal protection in freezing water.