RedactedNarrative: On 06/22/2019 at approximately 9:07 p.m., I, Officer of the Maryland Natural Resources Police, was on boat patrol on the Severn River. At that time, we responded to a call for service at Ego Ally located near City Dock off the Severn River in Annapolis for a vessel that struck another vessel. As we turned into Ego Ally, we were waved down by a vessel docked at slip 17. A gentlemen on the vessel stated that he had witnessed the accident and that the striking vessel had just docked a few slips down. Cpl. got off of our marked patrol vessel to make contact with the vessel struck (vessel 2), a white 44’ Sea Ray 420 Sedan Cabin motorboat (Document #1175567). No one reported injuries at that time and medical attention was declined. No damage was sustained to the vessel itself or its anchor.
  
      At approximately 9:15 p.m., I made contact with the striking vessel (vessel 1), a white 47’ Four Winns Excalibur Cabin motorboat (Registration #1149244). The owner and operator was identified and there were eight total people on board at the time of the collision. No one reported injuries at that time and medical attention was declined. Most of the party on vessel 1 had to leave, but four occupants stayed which includes the operator. Subject1, an occupant on vessel 1, stated that they were “entering ego ally. There was an oncoming boat. The captain of our boat pulled to the right as far as possible to avoid the other boat. A docked boat had an anchor which scrapped the side of our boat”. While I was with vessel 1, Cpl. obtained information from vessel 2 as well as a witness statement from someone on a separate docked vessel that witnessed the incident. Both versions of the story were the same, with the exception that the witness and vessel 2 both attempted to get the attention of vessel 1 before it struck the docked vessel.
  
      At approximately 9:30 p.m., Cpl. and I pulled Operator1 aside to ask him what happened. As Operator1 began to step off vessel 1, his fiancé attempted to give him a bottle of water. Operator1 stated the same story, but pointed out that he should not have operated into Ego Ally while the other large vessel was coming out. As Operator1 explained his story, I observed his eyes to be glassy and bloodshot, and an odor of alcohol was present. Cpl. asked Operator1 how many alcoholic beverages he had to drink that night and he stated three to four.
  
      At approximately 9:35 p.m., I conducted standardized field sobriety testing on Operator1. I asked Operator1 if he wore glasses or contacts, and if he had any injuries or medical conditions that would prevent him from taking tests that involved simple things such as following directions or simple motor skills. I also asked Operator1 if he had taken any medication that night that would prevent him from taking these tests or could affect his mental and/or physical state. Operator1 stated that he did not wear contacts or glasses and that he currently took fitness supplements, had diabetes and gout in his knees. I asked Operator1 if he thought that would prevent him from walking in a straight line, taking a series of steps or balancing to which he replied no.
  
      The first test I requested Operator1 to perform was the Horizontal Gaze Nystagmus (HGN) Test. I explained the instructions of the test to Operator1 and asked if he understood. Operator1 replied yes. As I conducted the test, I had to remind Operator1 twice to follow the stimulus with his eyes only as he moved his head in the direction of the stimulus. I observed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation and nystagmus onset prior to 45 degrees in both eyes. Six out of six clues were observed in total.
  
      The second test that I requested Operator1 to perform was the Walk and Turn (WAT) Test. The test was taken on a flat brick surface free from debris. Operator1 was wearing flip flops at the time of testing which he elected to take off. I explained the instructional phase of the test to Operator1, and asked if he understood to which he replied yes. Operator1 stared at me with a blank expression until I reminded him to get into the stance demonstrated. Operator1 had to be shown and instructed once more how to get into that phase. While Operator1 was in the instructional stance, he swayed and lost his balance two times, using his arms to balance each time. I explained the rest of the test to Operator1 and then asked him if he understood the test. Operator1 replied yes. I told Operator1 he could begin. On the first nine step portion of the test, Operator1 took fourteen steps, stopped, turned around to look at me and then asked how many steps he had taken. After replying that he should have been counting them, he turned around and took an additional four steps for a total of nineteen steps. I observed only three of Operator1’s steps to be heel to toe. Operator1 stepped with slightly in front of the other off to the side on all other steps. Operator1 did not count any of the steps out loud and stepped off the line five times. I observed Operator1 use his arms for balance on all steps due to swaying. Operator1 then turned around normally, incorrectly completing the turn. During the returning nine step portion of the test, Operator1 took a total of thirteen steps. I observed Operator1 miss heel to toe on every step, and step in the same fashion of the first nine step portion of the test. Operator1 again had to use his arms for balance while walking and stepped off the line three times each. Seven out of eight clues were observed in total.
  
      The third test that I requested Operator1 to perform was the One Leg Stand (OLS) Test. I explained the instructions of the test to Operator1 and asked if he understood. Operator1 replied yes. I advised Operator1 that he could start the test. I observed Operator1 lift his left foot, sway and then lose his balance at second three, putting that foot back on the ground. Operator1 used his arms for balance. Operator1 put his foot down a total of four times. Operator1 stopped counting on second 11, 17, and 21; he paused for three seconds before resuming counting. Operator1 also skipped numbers; he jumped from 17 to 19 and 21 to 23. I observed Operator1 could only lift his approximately two inches from the ground and he continuously looked at me instead of his foot. Three out of four clues were observed.
  
      At approximately 9:45 p.m., I placed Operator1 under arrest for operating a vessel under the influence of alcohol. I read Operator1 his Advice of Rights and he refused to take a breath test. At that time, I advised Operator1 that he would be released via citation after all information needed was obtained. While obtaining information for my report, Operator1’s fiancé repeatedly kept stating that he only had “a few beers” that night and that the accident was the other vessel’s fault. Operator1 was given a lawful order not to operate a vessel or vehicle for the next 12 hours. Operator1 advised that friends were on the way to pick him up.
  
      After corroborating all stories, I find vessel 1 to be at fault as vessel 2 was docked and it is the duty of the operator to assess the risk of collision and to take corrective action to avoid a collision per the United State Coast Guard Rules of the Road.    
  
  Operator1 was issued the following citations:
  
  MR 08.18.01.05(B) – Negligent Operation of a Vessel
  NR 8-738(a)(1) – Operation While Under the Influence of Alcohol
  NR 8-738(a)(2) – Operation While Impaired by Alcohol
  MR 08.18.01.04(A) – Failure to Obey Navigation Rules of the Road (Rules 7 & 8)
  This case is considered closed.
  
  All events occurred in Anne Arundel County, Maryland.
  