RedactedNarrative: n Thursday, July 4th, 2020 at 1726 hours, I, Officer First Class of the Maryland Natural Resources Police, was on marine patrol of Deep Creek Lake in the area of Marsh Run Cove aboard marked patrol vessel NRP 806 when I was dispatched to the area of dock for an injury resulting from a propeller strike.  I responded to the scene along with Sgt. who was aboard marked patrol vessel NRP 725.
  
  We arrived on scene at the Aquatic Center at 1732 hours and identified the docked rental vessel containing the victim as a 2018 G3 Boats Suncatcher V20C displaying Maryland registration 1696 LB and belonging to the Aquatic Center.  Garrett County Emergency Medical Services was already on scene administering first aid for a three-inch laceration to Victim's right calf.  Victim would ultimately be transported by private vehicle to Garrett Regional Medical Center where his injury required an undisclosed amount of sutures.
  
  In response to my inquiry about the vessel occupants, rental staff directed me to a group of male individuals standing on the shore.  An individual identified by driver's license and boating safety license claimed to be the operator of the aforementioned vessel at the time of the incident.  Operator informed me that he had been drifting near the Deep Creek Marina fuel docks, waiting in line to fuel his rental vessel at the time of the accident.  Operator explained that several of his passengers had jumped over the back of the boat to swim while they were waiting, and when he placed the vessel in gear, several of the passengers remaining in the stern of the vessel had pulled Victim aboard with an injured leg. 
  
  Operator was wearing a cloth mask over his face at the time of our contact, but I could smell an odor of alcoholic beverage about his person.  I requested that Operator remain at the scene while I finished collecting information from all of the occupants of the vessel, which he informed me had been eight in total, including himself and the victim. 
  
  I identified the two other swimmers.  Both individuals, along with vessel passenger corroborated the story that Victim had been struck by the vessel propeller while swimming when Operator placed the vessel into gear.  Based on the accounts, it was unknown whether Operator was placing the vessel into reverse to create distance from a neighboring vessel that was moving or whether he placed the vessel into forward motion to enter a fueling slip.  All other passengers were also identified and are included in this report.
  
  As I concluded my interviews with the passengers, I re-established contact with Operator, who was currently completing a voluntary Horizontal Gaze Nystagmus Standardized Field Sobriety Test for Sgt..  Sgt. advised that he observed 5 clues during the test, including a 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 the left eye.  Operator informed Sgt. and I that he suffered from "bad eye reflex" in his left eye.
  
  I moved Operator to a dry, level parking lot with painted white lines for additional voluntary testing.  Operator was wearing composite slip-on footwear at the time of our contact and he elected to perform the Walk and Turn and One Leg Stand Standardized Field Sobriety Tests barefoot. 
  
  I placed Operator into the instructional stance for the Walk and Turn test and both verbally instructed him and physically demonstrated for him how to perform the test.  Operator lost his balance twice during the instructional stage and began the test early multiple times as he practiced the steps I was explaining.  In response to Operator's inquiries, I made multiple attempts to clarify the instructions and re-demonstrate the test for him.  Specifically, Operator explained that he did not understand the word "pivot" that I used while explaining the turn.  I re-demonstrated the turn for Operator as I explained that it meant to keep one foot in place on the line and slowly turn using a series of small steps with the other foot.  Operator acknowledged that he understood before I told him to begin the test when ready.  Operator took an incorrect number of steps during the first nine steps, stating "one" while standing in place in the instructional phase and counting his first step as "two."  After completing his eighth step, which he called "nine," Operator turned around by spinning rather than as previously instructed.  Operator completed the second set of nine steps correctly.  In total, I observed 4 clues during Operator's completion of the voluntary Walk and Turn Standardized Field Sobriety Test.
  
  While completing the One Leg Stand, which I also verbally explained and physically demonstrated, Operator swayed while balancing and placed his foot down on counts 14 and 18.  Operator counted in a manner of "one, one-thousand; two, two-thousand; three, three-thousand" and so on.  I ended the test at 20 counts.  In total, I observed 2 clues during Operator's completion of the voluntary One Leg Stand Standardized Field Sobriety Test.
  
  Sgt. offered Operator a voluntary preliminary breath test and Operator agreed to submit a breath sample.  Sgt. had to administer the test multiple times in order to obtain a reading, as Operator interrupted several of his breath samples part way through.  The successful resulting sample registered a blood alcohol content of .091.
  
  I read Operator his Miranda Rights and placed him under arrest for suspicion of operating a vessel while impaired by alcohol at 1801 hours.
  
  I transported Operator to the Deep Creek Lake State Park boat ramp by marked patrol vessel NRP 806 and then to the Public Safety Building for Garrett County, Maryland in McHenry by marked patrol vehicle NRP 477.  I continued to detect a strong odor of alcoholic beverage emanating from Operator's person during transport.  Operator was placed into a personal flotation device for vessel transport and was transported in double-locked handcuffs during vehicle transport.  Operator and the patrol vehicle were searched before and after transport without incident.  Operator's personal possessions included his cellular telephone, a wallet, and a case of sunglasses, which were left on the vehicle dash in front of him during transport and returned to him upon release.
  
  At the McHenry Public Safety Building, I read to Operator the NRP-482 Maryland Natural Resources Police Advice of Rights.  After I finished, Operator requested to also read the form for himself before making his decision regarding submitting a breath sample and I provided the form to him.  Operator signed his consent to submit a breath sample at 1843 hours.  A copy of Operator's signed NRP-482 is attached to this report.  Maryland State Police Sgt. administered the breath test at 1855 hours, which detected a blood alcohol content of .063.  At the time the test was administered, approximately one and a half hours had passed since the start of our investigation and approximately one hour had passed since Operator had completed Standardized Field Sobriety Tests.
  
  I issued Operator the following Department of Natural Resources Citations:
  
  0Y66259242 - NR 8-704 MR 08.18.01.05B Negligent operation of a vessel
  1Y66259243 - NR 8-738(a)2 Operating a vessel while impaired by alcohol
  2Y66259244 - NR 8-738(a)3 Operating a vessel while impaired by any drug or combination of drugs and alcohol
  
  Operator was released and picked up from the McHenry Public Safety Building by friends at 1933 hour
  