RedactedNarrative: On Friday, July 2, 2021 at approximately 1838 hours, Maryland Natural Resources Police was on patrol on board marked patrol vessel NRP154.  We were dispatched to the area of the Isle of Wight Bay, south of the Route 90 Bridge, Ocean City, Worcester County, Maryland in reference to a vessel that was sinking with two people on board.  
      Upon our arrival in the area, I observed a 2004 SeaDoo jet boat bearing Maryland registration 6610DC with an adult male and juvenile female on board.  Both subjects were already wearing personal floatation devices (PFD).  I observed the vessel to be obviously taking on water, and listing hard to her starboard side to the point that the starboard gunwale was underwater.  The vessel appeared unstable and I feared that it may capsize if the occupants remained on board.  When I was in an ideal position to recover her, I asked the juvenile female to leave the vessel and come into the water toward my patrol boat.  She did so, wearing her PFD and recovered her into our boat.  I then asked the male operator to do the same.  
      OPERATOR 1 appeared wide-eyed and highly agitated, beyond the point that I would expect, or have observed of people in similar circumstances.  Before leaving his vessel OPERATOR 1 began grabbing random items including a Ryobi electronic impact driver that was completely submerged in water, a large battery charger that was also submerged in water, and a socket set.  OPERATOR 1 entered the water and the weight of these items was so great that it rendered his PFD insufficient and his face and head submerged several times.  OPERATOR 1 made no attempt to let go of any of the heavy items despite this.  OPERATOR 1 made it to the side of our vessel and was able to grab one of the rope hand holds along the starboard side.  Once we had taken the heavy items onto our vessel, OPERATOR 1 observed a pack of cigarettes floating approximately 6 feet away from him.  He let go of our vessel to retrieve them from the water, despite us telling him not to.  This behavior appeared to me to be extremely out of the ordinary and irrational, given the circumstances.  
      OPERATOR 1 came back to our vessel and grabbed the hand hold again.  I immediately detected the strong odor of an alcoholic beverage emanating from his breath and person.  I explained to him that, in order to get him into the vessel we would have to bob him up and down and, on the count of three, we would pull him up, and he would have to use his legs to kick his way into the boat.  We attempted to recover OPERATOR 1 the first time, and he began kicking and attempting to board on the count of two.  We attempted again, and he went on the count of one.  I explained the plan to him again and we were able to recover him.  
      Once on board our vessel, I asked both OPERATOR 1 and the female if they were injured or required EMS.  Both stated that they were okay.  OPERATOR 1 was still very agitated and, without questioning or provocation, began to make the statement that he had done nothing wrong, that he had struck something in the water.  He had initially stated that the boat had hit a wave and began to sink, which is what he had reported to call takers at the NRP Communications Center.  I ask began to ask him what had happened and he, at first stated that he had been traveling north, coming from Harbor Island on 14th Street and was  headed back to Sunset Island on 67th Street.  He later stated that he was coming from Sunset Island and was headed south.  As I spoke with him I observed his eyes to be bloodshot and glassy, his speech was overly loud and slightly slurred.  It was also extremely fast at times, but not all the time.  
  
      I asked OPERATOR 1 what he wanted to do about his vessel and he requested TowBoat/US and stated that he believed he was insured but was unsure by what agency.  I contacted TowBoat/US on his behalf.  Other officers arrived on scene as well as a crew from US Coast Guard Station Ocean City.  They remained with the vessel to await the arrival of TowBoat/US and I took both OPERATOR 1 and the juvenile to shore at Sunset Island, located on 67th Street.  
      Once on shore, we were met by OPERATOR 1's mother, and the juvenile went with her.  I advised OPERATOR 1 that I needed to speak with him before he left.  He immediately became defensive again, stating that he had done nothing wrong.  I asked him how much he'd had to drink and he stated that he had not had any alcoholic beverages today.  I advised him that I could smell the odor of an alcoholic beverage about his breath and person and he stated that he had not had anything to drink, and that I could ask him mother, that she had been with him all day.  I advised him that I would like to conduct a standardized field sobriety test and he agreed to participate but was agitated.  
      I asked OPERATOR 1 if he took any medications on a regular basis and he stated that he had recently been prescribed multiple medications for Attention Deficit Hyperactivity Disorder, hypertension, and depression.  He advised that he did not know the names of any of the medications, but advised that he had taken them as directed today.  He also stated that he'd had surgery on his right ankle in the past.  
      I explained the instructions for the Horizontal Gaze Nystagmus test.  OPERATOR 1 stated that he understood the test and had no questions.  I conducted the test noting equal tracking, equal pupils, and six out of six clues as follows: the lack of smooth pursuit in both eyes; distinct and sustained nystagmus at maximum deviation in both eyes; and the onset of nystagmus prior to 45 degrees in both eyes.  I noted no vertical nystagmus.  I noted that OPERATOR 1 swayed as I conducted the test.  
      Before I was able to proceed, OPERATOR 1's mother approached and stated that his attorney was on the phone and asked if he could speak with him.  I stated that was fine, and OPERATOR 1 spoke briefly with his attorney, and then hung up.
      I explained the instructions for the Walk and Turn test noting that subject was unable to keep his balance during the instructional phase.  Subject was initially wearing shoes, but opted to remove them prior to starting the test.  I conducted the test noting six out of eight clues as follows: OPERATOR 1 was unable to keep his balance during the instructional phase; he raised his arms throughout the test to maintain balance; he missed heel to toe on multiple steps, missing both by leaving space between his feet as well as stepping on top of his toes; he stepped off the line by at least a foot width on steps 4 and 7 of the first segment and on steps 3 and 8 of the second segment; OPERATOR 1 took the incorrect number of steps on the second segment, taking 10 on the second segment; he completed the turn improperly, lifting both feet.  
          I began to explain the instructions for the One Leg Stand test and OPERATOR 1 stated that he did not want to complete the test.  I also offered OPERATOR 1 the opportunity to participate in the isolated alphabet test as well as a backwards count and he stated that he did not want to attempt either due to being dyslexic.  
       I advised OPERATOR 1 that he was under arrest for Operating Under the Influence.  I placed him in handcuffs which were gauged and double locked, and I placed him in the seated position on a step nearby.  I read him the NRP482 form and he refused to submit to the test.  I marked the form indicating so and he signed it prior to his release.  I issued OPERATOR 1 the appropriate citations as well as his copy of the NRP482 and he was released from the scene to his mother.