RedactedNarrative: On August 28, 2021 at approximately 1840 hours I responded to LIVERY 1 in Ocean City in reference to a vessel accident after the fact.  Upon arrival I made contact with the operators of the PWCs.
      The first subject I interviewed was OP1 who stated the following.  OP1 stated that he took a guided tour with LIVERY 1 on August 28, 2021.  OP1 stated that he did not recall being in any type of vessel accident rather he thought he hit a sandbar which caused the jet ski he was operating to begin to take on water.  OP1 stated that he came back in with one of the guides.  The story that OP1 was providing did not make much sense based on some of the initial statements made by the manager and tour guide of LIVERY 1.  However while speaking to OP1 I did detect a moderate odor of an alcoholic beverage emanating from his breath and person.  I asked OP1 if he had consumed any alcoholic beverages, and OP1's response was that he did not.  It should be noted that at the time I was speaking with OP1 we were within 50 feet of an open air bar, so I gave him the benefit of the doubt initially and moved on to speaking with the all the other parties involved.   
      I then spoke to the subject operating the other PWC identifed as OP2 and asked her how the accident occurred.  OP2 stated that she began the guided tour with LIVERY 1.  OP2 stated that her and the other participants were operating the PWCs in a straight line  heading towards the riding area.  OP2 stated that OP1 was coming out of the line and was trying to pass her on one side and then the other.  OP2 stated at this point the line of PWCs was operating at a speed of 30 MPH or so.  OP2 stated that OP1 was doing this maneuver several times.  OP2 stated that OP1 then came along the port side of the PWC and attempted to slow down and pass behind her and come up on the starboard side.  OP2 stated that OP1 misjudged this, and collided with the stern of the port side of the PWC that she was operating.  OP2 stated that shortly after this collision the PWC that OP1 was operating began to take on water, and needed to be towed back, and the jet ski she was operating had sustained damage as well.
      OP2 had a passenger on the jet ski that she was operating.  I spoke with them who really did not provide any information, other then OP1 hit the side of the jet ski she was on.  They stated she really was not paying attention to anything else, just was knew that OP1 had struck the ski that she was on.  
      OP2 was operating a 2021 Seadoo GTX 130 HP Rotax powered PWC.  The damage to this ski is described as the fiberglass on the port side stern of the vessel was punctured above the water line.  It should be noted that this particular ski was rented after the collision, and prior to an officer of the Maryland Natural Resource Police advised it could be put back in service.  The manager of LIVERY 1 estimated the damage to be $2000.00.  OP2 stated that she has less then 10 hours operating any style vessel, and did consult the weather prior to departing for the tour.  OP2 did not possess a boaters safety card and was not offered the temporary boater safety card through LIVERY 1.  Neither OP2 or passenger were injured in the collision.  
      I then spoke with the passenger on the PWC that OP1 was operating.  PASSENGER was hesitant in providing any information on how the accident occurred.  PASSENGER just stated that OP1 had a collision with the PWC that OP2 was operating.  PASSENGER stated that after the collision the PWC she was on began to take on water, and both her and OP1 needed to get on another PWC to return to LIVERY 1.  
  
      OP1 was operating a 2021 Seadoo GTX 130 HP Rotax powered PWC.  The damage to the ski is described as a seal may have come dislodged causing it to take on water.  The manager of LIVERY 1 estimated that damaged at $400.00 to repair.  When I spoke to OP1 earlier I learned that he did check the weather prior to departing for the tour, but had less then 10 hours operating any type of vessel.  OP1 did not possess a boater safety card, and was not offered the temporary boater safety card through LIVERY 1.  Neither OP1 or PASSENGER was injured in the collision.  
      I then spoke to the tour guide who stated the following.  GUIDE stated that he was leading a guided tour for LIVERY 1.  GUIDE stated the he observed OP1 weaving in an out of the line, around OP2.  GUIDE stated that he blew the whistle at OP1 in an attempt to get OP1 to stop.  GUIDE stated that OP1 did not stop, and GUIDE observed OP1 strike the PWC operated by OP2 on the port side, causing damage to that PWC. GUIDE then observed the PWC that OP1 was on begin taking on water.  GUIDE stated that no one made any claim of injuries.  GUIDE then assisted in getting OP1 and PASSENGER onto a different PWC.
      It should be noted that OP1, OP1 PASSENGER, OP2, and OP2 PASSENGER were all friends and rented the PWCs as a group.  OP1 PASSENGER had a lot of questions in regard to who was at fault and why, and how where they supposed to know the rules.  I advised OP1 PASSENGER that they should have taken a test to provide the understanding of the basic rules.  PASSENGER stated that they were not provided with said test.  I confirmed this with the manager of LIVERY 1.  This caused another investigation into the livery operation which was documented under case number NRP-21-01207.
      Also it should be noted that both MANAGER and GUIDE eluded that they felt that OP1 was under the influence.
  
      I then spoke to OP1 again, however at this time I had OP1 walk 100 yards away from the open bar.  I again asked OP1 how the collision occurred, and OP1 provided the same story again.  I told OP1 of how the collision was described to me, and again OP1 stated that he thought he hit a sand bar.  I again was able to smell a moderate odor of an alcoholic beverage emanating from his breath and person. Again I asked OP1 if he had consumed any alcohol today, and to this OP1 stated that last time he had any alcohol was last night.  I also asked OP1 if he was taking any medication that would alter his mental state, because the story he provided me about the collision was significantly different then all the other versions.  OP1 stated that he takes Kepra for seizures and Adderall for ADHD, however OP1 said he takes these medications in prescribed doses and they would not effect his mental state.  
  
      Based on the information I had at this point I conducted standard field sobriety tests on OP1.  It should be noted these tests were being conducted on a paved level surface with painted lines, and they were being conducted in the late evening with plenty of ambient sunlight remaining.   OP1 opted to take the test barefoot.
  
      The first test I conducted was the horizontal gaze and nystagmus test.  Prior to the test I asked OP1 if he any eye problem such as glaucoma, stigmatism, or nystagmus, OP1 advised he did not have any eye problems.  I observed that OP1 had equal pupil size and equal tracking in both his left and right eyes.  I observed that OP1 had lack of smooth pursuit in both his left and right eyes.  I observed that OP1 had onset of nystagmus prior to 45 degrees in both his left and right eyes.  I observed that OP1 had distinct and sustained nystagmus at maximum deviation in both his left and right eyes.
  