Vessel 1 was heading to Cedar Point Boat Ramp.  The occupants said they were headed to the ramp to pull off the water.  The occupants said the ramps were occupied with other vessels.  They said when they realized the ramps were busy the operator turned the vessel in a circle and as soon as it was facing northwest again he abruptly throttled down.  

The occupants said all three kids were in front with two adults.  They said the bow went underwater as soon as the engine was powered down and water came over the front of the vessel.  Operator said that water came over the stern as well.  NRO asked if the engine cut out, causing loss of power and the occupants said it did not.  The water swamped the vessel and caused it to capsize.  All seven occupants entered the water.  Only the three children were wearing PFD''s.  The 911 call was received at 1803 hours and NRO  responded.  Neighboring vessels picked up the occupants and gear that was floating from the vessel and transported them to shore.  An unknown operator towed the capsized vessel to shore.  

NRO asked NRO to corral all of the occupants, make sure everyone was accounted for and not to let them leave.  NRO arrived and found the boat beached on the Cedar Point ramp, swamped.  NRO asked who was operating, Operator said he was.  NRO talked with him.  NRO could smell consumed cereal malt beverage and noticed his eyes were glossy.  NRO administered seated SFST''s.  NRO found 5 of 6 clues on Horizontal Gaze Nystagmus, seven clues on Finger to Nose, 3 clues on Palm Pat, and 4 clues on Hand Coordination.  The operator did not pass the seated SFST''s.  NRO requested the operator to take a Preliminary Breath Test and he refused.  NRO arrested Operator and took him to the Jewell County Jail.  NRO gave Operator a copy of the KDWP implied consent advisory and read the KDWP Implied consent advisory to him.  NRO asked if he would submit to an evidentiary breath test on the Intoxilyzer 8000.  Operator refused to submit to the test and marked on the implied consent that he refused and signed the form.  NRO turned Operator over to the Jewell County Deputy so he could be booked into jail.  NRO Peterson issued NTA''s for overcapacity, PBT refusal and BUI.  NRO left the area.
Webber                        