RedactedNarrative: On August 7, 2022 I (Corporal of the Maryland Natural Resources Police) was on vessel patrol in the area of the St. Martins River when I received a call from Tow Boat US around 7:30 P.M. The caller was an operator of Tow Boat US and he told me that he just received a call for a tow in the area of the Rt. 90 Bridge near St. Martins River. He was also told that the vessel was taking on water and sinking. I found the vessel within a minute and noticed it to be a red Sea Doo jet boat that was mostly submerged in the Isle of Wight Bay south of Rt. 90. Near the boat and in the water were 5 people clinging onto life jackets and personal belongings. On the vessel was still one male attempting to gather more belongings for the crew. I starting picking people up out of the water and putting them on my vessel. Once all 6 people were accounted for, I noticed the registration to be Virgina on a red Sea Doo.
   Personal Contact (Phase 2)
  I asked who the owner of the vessel was and an subject advised me that he was the owner and operator. A moderate odor of alcoholic beverages was coming from his breath and person as he emotionally told me that he had just acquired this vessel not too long ago. All of the passengers were inebriated in some fashion or another. Once another one of our NRP boats came on scene to assist, I grabbed Corporal of the same agency and we made our way back to the Ocean Pines Yacht Club where Owner told me he launched from earlier in the day. All passengers were placed in Personal Floatation Devices.
  
  At 8:00 P.M. I arrived with the 6 occupants at the Yacht Club. We exited the vessel and found a comfortable place to gather while we waited for Tow Boat to arrive with the vessel back to the ramp. We began Standardized Field Sobriety Testing (SFST) 15 minutes after arriving on shore. Owner advised he just got the boat a couple months ago and has not registered it in Maryland yet. He did not have any proof of this on scene due to the vessel information being wet or not on board.
  
  He began telling me the accounts of the evening that took place before his boat began to sink. He advised me that he launched from the ramp here in the late morning. He ran the boat across to Fish Tales Bar and Grill and had a drink with his friends. He advised he only had 1 drink and it was a Vodka and Red Bull. He said they stayed there for 3 or 4 hours before leaving on the boat. They exited the marina and ran west across the bay toward the Yacht Club. At some point he noticed one engine to not have full acceleration anymore. He said it would do 3000 or 4000 RPM while the other would maintain 8000. He pulled both throttles back and took it easy on the way in. He also noticed a small amount of smoke at one point. When he was in the area of Rt. 90 one of the guys on board needed to urinate. He took a swim to do that. The rest of the boat also decided it was time for a swim and they swam for some time. Eventually one of the guys on board needed another drink and went onto the boat to get it. When he popped the hatch he noticed a lot of water in the vessel. It was at this time Owner got on board and noticed the vessel would not start. He called Tow Boat US for a tow. After a very talkative conversation with Owner, I advised him it was time to start the testing.
  
  Pre-Arrest Screening (Phase 3)
  I asked Owner to participate in Standardized Field Sobriety Testing to which he agreed. The parking lot was very level and there was a straight white parking line provided. Owner was wearing sandals but decided he would like to take them off for the testing. Pre-screening questions were asked.
  Medical Conditions- None
  Injuries- Concussions in the past when he played sports
  Medication- None
  Horizontal Gaze Nystagmus (6/6 Clues Observed)
  I began to administer the HGN Test by asking Owner to stand with his feet together and arms by his side. His pupils were equal size and tracked equally. I asked if he had any injuries that would prevent him from standing still for a short period of time and he replied that he did not. My pen was used as the stimulus and held approximately 12 inches from Owner’s eyes and slightly elevated. He was instructed to keep his head facing forward and to follow my finger with his eyes only. I asked him if he understood the instructions and he advised that he did.
  Lack of smooth pursuit- Present in both eyes
  Initially followed with his eyes and head but fixed issue at second pass.
  Distinct and sustained nystagmus at maximum deviation- Present in both eyes
  Onset of nystagmus prior to deviation- Present in both eyes
  Vertical nystagmus- None
  Other: Pupils constricted
  Owner’s body was swaying from front side to side during the HGN testing process but he never fell out of stance.
  Walk and Turn (2/8 Clues Observed)
  I asked Owner if he had any injuries that would prevent him from walking or standing and this time he advised me that he did not. I placed Owner in the instructional phase by having him stand with his left foot on the white lane divider and place the right foot directly in front of it and touching heel to toe. I told him not to start the test until he is told to do so. I then asked if he understood this and he replied that he did. I explained the test by telling him to keep his arms by his side, look down at his feet, and to count each step out loud. I also demonstrated on the ninth step how to properly do the turn by keeping the front foot planted and take a series of small steps 180 degrees around and continue with another nine steps.  After the test was explained and demonstrated, I asked Owner if he understood the test and he replied that he did.
  Other:
   On his turn, he lifted both feet and turned 180 degrees instead of pivoting like described and shown. He fell out of stance and stepped completely off the line 
  One Leg Stand (0/4 Clues Observed)
  Prior to Owner performing the test, I explained and demonstrated how the test should be performed. He was instructed to stand with his heels together and hands down by his sides while the instructions were given and to not start the test until told to do so. He verbally advised he understood. I continued that when instructed to start, he was to raise the foot of his choice off the ground approximately 6 inches. While his foot was raised, his leg was to be kept straight, he is to watch his raised foot, and count out loud 1001, 1002, 1003 and so on until told to stop. Owner was asked if he understood the test and he replied that he did.
  Other:
  PBT  of .28
  Arrest:
  Based on the following, I had reason to believe Owner was operating a vessel under the influence of alcohol:
  Vessel not moored or at anchored at time of sinking (operating)
  Odor of alcoholic beverages on breath and person
  Admission to consuming alcohol
  Not satisfactorily completing SFST
  Owner was placed under arrest at 8:31 P.M. He was read and provided an NRP 482 Advise of Rights and declined to take the test at 8:42 P.M. Owner received 3 citations and was released.
  Around this time his vessel was delivered back to the Yacht Club. Ofc.  backed Owners’ vehicle and trailer down the ramp at Owners’ request and we all helped load his mostly sunken vessel. The vessel was completely full of water inside the hull and engine compartment. Both engines had water over them and all the interior was wet. Owner estimated the damages to rebuild the motors at 8000 dollars if he did it himself. There were no obvious hull fractures or damages that would lead me to believe the vessel hit an object while underway and compromised the hull integrity. The drain plug was also in the vessel securely. Our best evaluation is that something mechanically failed w
  