The operator of vessel 1 was idling towards the dock before putting the watercraft in neutral.  As the boat drifted in the forward motion, the strong current caused the boat to hit the dock, causing damage to the port side of the watercraft. Neither the operator nor passengers were injured.  

While investigating the accident, I observed no indicators of alcohol inpairment on the operator.  When asked for a form of identification, the operator took a step as if catching his balance.  I asked the operator how many alcoholic beverages he had consumed on the day.  The operator answered 5.  I proceeded to conduct field sobriety tests.  

During the HGN test, I did not observe glossy red bloodshot eyes nor the odor of an alcoholic beverage on the operator.  The operator was unable to perform the walk and turn and one leg stand due to injuries.  I did not feel I had any reason to continue with field sobriety due to lack of impairment indicators.  After advising the operator he would not be placed under arrest, I asked him if he would voluntarily submit to a breath test (PBT).  The operator submitted a to a breath sample indicating a BAC of .140.   No enforcement action was taken, however alcohol was determined to be an contributing factor to accident.
Wilmington                    