RedactedNarrative: On September 5th, 2021, at approximately 1839hrs, Maryland Natural Resources Police, were on patrol in Stoney Creek in the area of Nabbs Creek on marked patrol vessel NRP882 when we observed a blue and black PWC occupied 2x by a male and female that was violating the 6-knot speed zone (COMAR 08.18.19.03D2). The PWC was heading up the creek towards the area of Long Cove. The PWC was traveling over 30knots based on my knowledge, training and experience. 
   
  SUBJECT CONTACT
  
   While attempted to catch up to the PWC in question to initiate a vessel stop the PWC collided with a gray and white Fountain (BOLT) power vessel that was in the area of Long Cove. The accident caused the operator of the PWC and his passenger to be thrown into the water. Upon my arrival at the collision, both subjects were in the water, swimming wearing no lifejackets and OP1 was attempted to turn off the PWC due to him failing to wear an engine cut-off switch. OP1 had extreme difficulty swimming let alone hanging onto the PWC. OP1 had to be instructed multiple times to pull the engine cut-off switch to stop the PWC from continuing to go in circles. Upon approach to OP1, I observed a potent odor of alcoholic beverage about his breath. I was able to hang onto the PWC to allow them to reboard their vessel. PAX 1 was able to  reboard the PWC without assistance. OP1 was unable to do so. He struggled for several minutes and appeared to have labored breathing. I advised OP1 to come to the stern of my vessel and use my boarding ladder and I would assist him onto my patrol vessel. While assisting OP1 onto my patrol vessel, he burped directly into my face as well as seemed to gag multiple times as if he was going to throwup. The odor was an extreme odor of alcoholic beverages. I asked OP1 how much alcohol he had consumed today he stated “5 beers.” OP1's speech was slurred when he spoke and he was unable to advise me where he lived or where he was at the current time. 
  
   Afloat Testing
  
   Horizontal Gaze Nystagmus
  
  OP1 was seated at the bow seating position of my patrol vessel. OP1 was asked if he had any head injuries or injuries that would prevent him from taking the Horizontal Gaze Nystagmus test. OP1 stated “no.”
  
  OP1's eyes were checked and they displayed equal tracking and his pupils were equal sizes. OP1 was instructed to follow the stimulus a black pen with his eyes and his eyes only while keeping his head still. After stating that he understood the instructions he attempted the test. No resting nystagmus was observed.
  
   The results of this test displayed 6 of the 6 possible clues.
  
   A lack of smooth pursuit in the left eye. A lack of smooth pursuit in the right eye. A distinct and sustained nystagmus in the left and right eye at maximum deviation. As well as an onset of nystagmus in both eyes.
  
   Based on my observations, I advised OP1 we would be transporting him back to shore for further field sobriety testing. 
  
  OP1 was transported to a nearby boat ramp on S Shore Dr, Glen Burnie, MD. OP1 arrived onshore @1853hrs
  
  I boarded the Fountain powerboat that was involved in the collision and obtained information from them regarding the accident. The owner and operator stated the PWC was traveling at a high rate of speed and went bow first into the starboard side of his vessel. He stated the PWC did not make and corrective motion as to attempted to avoid the collision and threw the PWC occupants into the water. 
  
   On Shore Testing
  
  I Began OP1s 15 minute acclimation period at 1853hours. After the acclimation period, I asked OP1 to perform Standardized Field Sobriety Tests (SFSTs), to which he agreed.  
  
  Walk and Turn 
  
   The evaluation was performed on the roadway of S Shore Dr and the intersection of N Shore dr. The Surface was solid, dry, flat, and free from any debris. The weather was clear and it was adequately lit.
  
  OP1 was not wearing any shoes at the time. OP1 did state he had a back injury but also stated it would not inhibit him from performing the tests. 
  
   Prior to OP1 performing the test, I properly explained and demonstrated how the test should be conducted. I explained and demonstrated the instructional position to OP1. I instructed him to stand with his left foot on an imaginary line. I instructed him to place his right foot in front of his left foot, with the heel of his right foot against the toe of his left foot. I also instructed OP1 to keep his arms down to his sides. I instructed him that he was to remain in the instructional position until I told him to begin the test, and not to start to perform the test until I told him to begin.
   
  I told OP1 that when I instructed him to begin, he was to take nine heel-to-toe steps on the line, turn, and take nine heel-to-toe steps back down the line. I instructed him that when he turned, he was to do so by keeping his front foot on the line and turn by taking a series of small steps with his other foot. I then fully demonstrated the correct way to complete the test. I instructed him that while he was walking, he needed to keep his arms at his sides, watch his feet at all times, and count his steps out loud. I further instructed him that once he began walking, not to stop until he had completed the test. I asked OP1 if he understood my instructions and he stated that he did.
  
  The results of this test displayed 5 of the 8 possible clues:
  
   He was unable to maintain his balance in the instructed position. During the test, he stopped once while walking.
  
   On the first set of steps, he took the correct number of steps. He did not touch heel-to-toe on steps 2, 3, 4, 5, 6. He stepped off the line on steps 1, 2, 3.
  
   He turned properly.
  
   On the second set of steps, he took the correct number of steps. He didn’t miss any of the the heel-to-toe steps. He stepped off the line on steps 2, 3, 4, 5, 6, 7, 8.
  
   He used his arms twice for balance.
  
    One Leg Stand Test
  
  Prior to attempting this test, OP1 indicated he did not have any medical problems that would have prevented him from performing the test. OP1 was instructed to stand with his feet together and arms at his sides during the test. OP1 was asked not to begin the test until instructed. He was instructed to raise the leg of his choice by approximately 6 inches off the ground. While holding that position, he was to keep his leg straight and count out loud starting at one thousand one (one thousand one, one thousand two, one thousand three, …) and so forth until instructed to stop (after 30 seconds). The test was demonstrated to OP1.
  
   After he indicated understanding the instructions, OP1 attempted the test and raised his left leg.
  
   The result of this test displayed 3 of the 4 possible clues:
  
   - Swayed during the test
  
   - Used arms for balance
  
   - Put foot down 3 times during the test
  
   The test was ending due to safety. OP1 began to fall over and I had to catch him before causing injury to himself. 
  
   Based on the above observation OP1 was arrested at 1915hours.
  
   Arrest
  
  OP1 was read his advice of rights NRP-482 to which he refused at 1925hours.
  
   OP1 was charged with the following ;
  
   
  1.NR0830RSL NR - 8-712(d) $35
  
  FAILURE TO HAVE CERTIFICATE OF NUMBER AVAILABLE FOR
  
  INSPECTION
  
  2.NR0840RSL MR - 08-18.01.05(A) $450
  
  RECKLESS OPERATION OF A VESSEL
  
  3.NR0850RSL MR - 08-18.01.05(B) $320
  
  NEGLIGENT OPERATION OF A VESSEL
  
  4.NR0860RSL NR - 8-738(a1) MUST APPEAR
  
  OPERATION WHILE UNDER THE INFLUENCE OF ALCOHOL
  
  1.NR0870RSL NR