On 5-25-2013 I CPO was on patrol in Fayette County.  At about 4:15pm I received a call from Illinois State Police radio dispatch informing me that a personal injury boat accident had just occurred at Vandalia Lake.  According to State Police a 911 call had been received at 4:11pm informing them of the incident.  CPO and I immediately drove to the location the victim was being taken described as lake lot#118.  
 
   CPO arrived on scene at 4:42pm an I arrived on scene at 4:43pm.  While traveling to the scene CPO and I both passed a ambulance transporting the victim to the Vandalia Hospital.  While walking toward the boat involved in the incident, CPO passed a subject later identified as the boat operator walking from the scene.  CPO noted Operator did not have anything in his hands at this time.  After a brief conversation with the subjects near the dock where the boat was parked, CPO and I were told  Operator was the boat operator.  CPO and I walked to the camping trailer Operator entered and asked him if he would speak with us.  Operator agreed.  When we observed Operator at this moment he had in his hand a bottle of Mikes Hard Lemonade with about 1/4 of its contents missing.  According to the label on the bottle, unopened it contained 11.2 fluid ounces of liquid with 5% alcohol content.  I asked Operator if he would set the drink down and he did.
 
   Operator stated he was driving the boat at a speed of about 10 miles per hour when he approached a no wake zone.  As he slowed the boat Victim who was standing at the front of the boat fell forward into the water and the boat passed directly over him striking him with the prop.  Operator and the only other passenger  in the boat, who was seated near the front of the boat when Victim fell overboard) assisted Victim back into the boat.  Victim sustained life threatening cuts to his chest and upper left leg from where the prop struck him.  Operator stated he immediately called 911 and began direct pressure to the chest wound in a attempt to control the bleeding.  occupant drove the boat about 1/2 to 3/4 of a mile to their camping area to wait for the ambulance.  
 
   I asked Operator how much alcohol he had drank today.  Operator stated 4 or 5 Mikes Hard Lemonade since the accident at the trailer.  I asked Operator if he would show me the empty bottles he had just described.  Operator dug threw a trash can that was inside the trailer and removed 3 empty Mikes Hard Lemonade bottles.  I felt the empty bottles and noted they were room temperature and had no condensation on them.  I asked Operator if he would come outside the trailer to speak with us and he agreed.
 
   As I spoke to Operator I noticed his eyes were red and blood shot.  I could smell a strong odor of a alcoholic beverage coming from his person.  His speech was mumbled and slurred.  I asked Operator if I could check his eyes for impairment.  Operator agreed.  I read Operator the directions from my departmental issued field sobriety test booklet for the horizontal gaze nystagmus test and asked Operator if he understood directions.  Operator stated he understood.  I asked Operator if he had any questions.  He stated no.  I performed the test.  Operator scored a 4 on this test.  Both eyes showed lack of smooth pursuit and both eyes showed distinct and sustained nystagmus at maximum deviation.
 
   I asked Operator if he would perform the walk and turn test for me.  Operator agreed.  Operator and I walked about 25 feet from the trailer to a flat smooth surface on the road.  I read the directions from my departmental issued field sobriety test booklet  and demonstrated the test to Operator.  I asked Operator if he understood the directions.  He stated yes.  I asked Operator if he had any questions.  He stated no.  Operator performed the test.  Operator scored a 2 on this test.  He stepped off the line on step three with his left foot and raised his hands more than 6 inch...
Vandalia