RedactedNarrative: On 09/14/2020 at approximately 2041 hours, the Maryland Natural Resources Police (NRP) received a call from the NRP communications center to respond to a vessel that had struck a day marker in the Sassafras River with 5 people on board and one being transported to Skipjack Cove by dinghy. I boarded a NRP vessel and made my way to the accident location.
  
      Upon arrival on scene I was made aware that Cecil County Fire and EMS had transported all of the occupants from the vessel, except for the operator. I made contact with the Operator 1, who I later identified using a driver’s license. Operator 1 stated that he had been traveling at around 30 knots on his 24 foot Chaparrel side console vessel with two passengers up front, two in the rear of the vessel, and two in the mid-section of the vessel when he collided head on with an unlit red #12 day marker. Upon impact with the day marker one passenger was ejected from the vessel into the water. A nearby witness who had heard the crash was able to pick the passenger up from the water an return her to the vessel.  After my initial contact with Operator 1, I detected a strong odor of an alcoholic beverage emanating from the vessel and around Operator 1’s person. I asked Operator 1 how much he had to drink to which he replied a few drinks, 6 since 1100 hours till around 1700 hours when he had stopped drinking. I advised I would be towing him into the marina to meet EMS personnel and conduct a couple tests. During my tow EMS personnel met me out on the water and began tending to Operator 1 and inquiring to any injuries sustained due to the crash. Operator 1 stated that his jaw hurt and had severe pain coming from his left leg above his knee. Upon reaching the marina I began conducting my Standardized Field Sobriety Tests along with further questioning on the events that occurred.
  Field Sobriety
  Horizontal Gaze Nystagmus/ (HGN) (4/6 Clues Observed)
      Prior to explaining the instructions for this test I asked Operator 1 if he wore glasses or had any head injuries in the past or due to this accident. Operator 1 stated that he wore contact lenses and was wearing them at the time of the accident. Operator 1 also stated he had no head injuries in the past and the only injury from the accident was his jaw and leg.  I administered the test to Operator 1 using my pen as a stimulus. I held the tip of my pen approximately 12-15 inches away from Operator 1. Operator 1 was instructed to follow the tip of my pen with his eyes and his eyes only. I further reiterated to Operator 1 to not move his head during this test. I observed Operator 1’s pupils to be of equal size and both eyes displayed equal tracking. Following the completion of the test I observed the following clues.
  
  Lack of smooth pursuit in both eyes
  Distinct and sustained nystagmus at maximum deviation in both eyes
   
      Shortly after completion of HGN Operator 1 was placed on a stretcher and transported to an ambulance for further evaluation. The following test were not administered due to injury.
  
  1. Walk and Turn
  
  2. One leg Stand
  
   Preliminary breath test (PBT)
  
       The preliminary breath test (PBT) was offered to Operator 1 while receiving treatment and evaluation in the ambulance. I advised Operator 1 that this test was optional and that if he chose to take it the results would not be admissible in court. Operator 1 declined to take the test.
  
  Arrest
  
      Based on the following I was able to determine that Operator 1 was operating under the Influence.
  
  Red/ Blush color in his face
  Admission to drinking earlier in the evening
  Smell of alcoholic beverage emanating from his person\
  (4/6) clues on HGN
      Operator 1 was placed under arrest for operating under the influence at 2139 hours. Operator 1 was read the NRP-482 “advice of rights” verbatim. Operator 1 refused all tests after the NRP-482 was read to him. Operator 1 was released to EMS personnel for treatment at Christiana Medical Center in Delaware. 
  
  Charges pending
  
  NR, 8-738 (A)(1) operation while under the influence of alcohol
  NR, 8-738 (A)(2) operation while impaired by alcohol
  NR, 08.18.01.05B negligent operation
  NR, 08.18.01.04B unsafe speed for the conditions
  NR, 08.18.23.02 exceeding 6 knots on middle sassafras river
  NR, 8-738.2 (A)(1) reckless operation
  CFR 33, Chapter 1- SubChapter E- Part 83-Rule 5 Failure to maintain proper lookout
   
  
  Charges are pending upon final victim statement from Operator 1.
  
  All events occurred in Kent and Cecil County Maryland.