RedactedNarrative: Prelude:  
  Boating infraction leads to operator being arrested for Boating While Intoxicated and Resisting Law Enforcement after his boat capsized and all occupants were rescued.   
  Details of the Investigation/Incident:  
  On July 31, 2022, at 7:26pm., I was patrolling the East side of the Causeway on Lake Monroe in a marked patrol boat equipped with red and blue emergency lights and siren. I was also in my full Class B uniform. I was patrolling the area of Two Herons Marina after a complaint of a speeding boat with 6 occupants in it. I located a boat that I noticed was up on plane, traveling at a higher rate of speed than allowed on this portion of Lake Monroe. I activated my emergency red and blue lights and drove towards the speeding boat. As I got closer, I activated my siren in an attempt to get them to stop. The boat slowed and turned around 180 degrees. A large wake the boat had made came over the bow of the boat causing a large amount of water to enter the boat. It appeared that the operator tried to throttle out of it but was not successful.  The boat then capsized, and all occupants were in the water. I notified dispatch of the accident and requested additional units.   
  I verbally made sure that everyone was accounted for. Everyone in the water said that all of them had surfaced. I pulled alongside the sunken boat to begin pulling people from the water. I noticed there was life jackets floating in the water, but I did not remember anyone having them on. The adults were frantically trying to have the children put on the life jackets. I eventually got everyone in the boat. The operator had a cut on his right forearm. That was the only injury I noticed. A buoy was tied to the boat in the event the boat sank totally. While transporting the group of 6 to the shoreline, I observed an odor commonly associated with an alcoholic beverage coming from the persons I had in the boat.   
  I transported all subjects back to the shoreline and emergency medical personnel began treating the operator's injury. I obtained everyone's name for my report. When OP1 was done with EMS, he came back over and spoke with me. He stated that he just got the boat running and was trying it out when the boat sank. He stated that the bilge pump was not working and that they were taking on water. OP1 said that he got it working where it was pumping water again. OP1 believed that the aerator was leaking water into the boat. I noticed that OP1s eyes were bloodshot and glassy. I also noticed an alcoholic beverage odor coming from his person. OP1 was displaying signs of impairment. I asked OP1 if he had anything to drink today. OP1 advised that he had one shot of whiskey today. I asked him if he would do some field sobriety for me, so I knew that he was ok. OP1 did not want to because of being worked up from the accident. OP1 did state that he would do a portable breathe test (PBT).   
  I offered OP1 the pbt, after instructing him how to blow into the device. OP1 acted as if he was blowing into it, but was not, and the device advised me of an insufficient sample with a blowing symbol. This confirmed to me that OP1 was not blowing into the device properly. This is a common occurrence when people who have been drinking think they can blow easy and have a lower level. OP1 was instructed on how to blow, and the test resulted in a positive detection for alcohol, .167. At that time, I read OP1 implied Consent. OP1 began to argue with me about just doing a test and now I was wanting him to do another one. I explained to OP1 that this pbt is just a tool we use in the field and that we have to have a certified test, either by breath or a phlebotomist drawing blood at the hospital. I asked him three times if he would submit to a chemical test, with all times him wanting to argue that he just done the test. I advised OP1 to place his hands behind his back and that he was under arrest. OP1 pulled away and began to run away from me. Two officers had arrived to help me. With their assistance, OP1 was taken to the ground and placed into handcuffs. While OP1 resisted law enforcement, he sustained a small cut to his knee and his cut on his forearm began to bleed again. Medical staff was summoned to the scene again to treat OP1 for his injuries. EMS arrived and cleaned his cuts and wrapped gauze around them. OP1 then began to calm down and wasn't a problem the rest of the time he was in my custody.   
  My attention then was directed towards a red truck that pulled up towards our location. A female got out of the truck and walked our way. She began to yell and holler at OP1 about his actions. Myself and Officers addressed the issue of her making a scene and got her to calm down. She was identified as SUBJECT 1. SUBJECT 1 stated that her daughter, was with OP1 earlier on the boat. SUBJECT 1 stated that she was notified that her daughter was intoxicated and was needing picked up. SUBJECT 1 found her daughter laying on the side of the shore, intoxicated to the point she was passed out. SUBJECT 1 got her in her truck and she was laying in the back seat. We checked on PAX1 and she was still un-responsive, and we believed that she had more than likely been under the influence of illegal drugs, as well as being intoxicated. We requested an ambulance to check her out. SUBJECT 1 stated that PAX1 was getting ready to go to rehab sometime really soon. All this makes me believe that there might have been more than just alcohol on board the boat with everyone.   
  I then transported OP1 to dispatch, where I began the process of typing a search warrant for a blood draw. Once I completed the affidavit, I called Monroe County Dispatch who connected me with the on-call judge. I spoke with the honorable over the telephone. The judge swore me in, and I began to give my testimony on my probable cause for the search warrant. After reading the probable cause affidavit to her, she advised she found probable cause for the search warrant and for me to sign her name to the search warrant.   
  I then took the warrant and OP1 to IU hospital. Once there, the search warrant was executed, and blood was drawn from OP1 as evidence for this case at 10:30pm by nurse. The evidence collected was placed in the supplied viles and will be sent off for certified testing/analysis. OP1 was also medically cleared to be able to go to jail.   
  OP1 was transported to the jail without incident. OP1 was given a pbt at the jail as part of the book in process. The test resulted in .213. He was remanded to the jail staff on charges of:
  35-44.1-3-1 Resisting law enforcement Class A Misdemeanor
    9-30-5-1 Operating While Intoxicated Class C Misdemeanor
  Numerous citations will be added to the CAD and given to OP1. ICOs retrieved the submerged boat and towed it back to the shore. Blands Wrecker Service came and retrieved the boat after ICO towed the boat to the shore.   
  On 08/02/2022 I went to Blands and took a few photos of the boat. I still didn't find any current registration numbers or model number. Dispatch was able to find some information through the Indiana BMV. The boat was a 1984 Jabee Bass Boat, fiberglass hull, 16 foot in length. The boat was grey and blue in color.   
  Attachments:  
  Photos  
  Boat Crash Form  
  Current Disposition:   
  Submitted to District 6 for approval 08/01/2022