Wife was traveling south bound from the hwy 85 bridge attempting to get back to the boat ramp.  Onboard were their two daughters and son in law.  The boat started to backfire and then cut off.  Operator took control of the boat and tried to restart the engine.  Their was an approaching thunderstorm.  According to the witness testimony, the wind and waves were very strong and caused water to start coming over the gunnels.  This caused the boat to list to the starboard side and take on water.

As more water came in, the boat finally tipped on it's starboard side and them completely over.  When sgt and i arrived at hickory hill, redwood fire has already gotten all five passengers out of the water.  The boat was visible about 100 yards offshore.  It was resting on the bottom on it's starboard side with the fan facing the shore.  We could detect alcohol on Operator breath.  After interviewing him and conducting sfst's he was placed under arrest.  Operator was charged with owi.

DURHAM                        