RedactedNarrative: On March 21, 2015 while on uniformed marked patrol of the waterways of Lee County, Florida Deputy was flagged down in reference to a boat crash in front of the Lani Kai (actual GPS position of crash N26-26.994 W81-57.126). 
  
  Upon arrival Deputy made contact with Witness who stated he was on the beach when he observed a blue and white boat run into the port side stern of his vessel. Witness pointed out the vessel which struck his, a white and blue Wellcraft bearing Florida vessel registration Fl 3469 PP. Deputy observed multiple persons on board and a white male later identified operating the vessel. 
  
  Operator1 stated he and his friends were attempting to leave the Lani Kai when he struck the rear of Witness 's vessel. While speaking with Operator1 he had slow reactions to questions asked, slow reactions while attempting to maneuver his vessel, a sleepy appearance and bloodshot glassy eyes. Upon a second law enforcement vessel arriving Operator1's vessel was taken into tow and Operator1 was placed on Deputy's vessel. 
  
  Upon reaching the county docks at bowditch point located at 50 Estero Blvd both Operator1 and Deputy stepped off the vessel and to the dock. Deputy advised Operator1 he had completed his crash investigation and was now investigating whether Operator1 was intoxicated. 
  
  When asked Operator1 stated he had not been drinking, nor taking any prescription medications, but that he had smoked marijuana earlier in the day while playing video games. When asked if he knew what time it was when he had smoked marijuana he said approximately 9am. When asked about quantity Operator1 stated "two bowls".
   
  Deputy asked Operator1 if he would participate in field sobriety exercises to determine if he was intoxicated to which he stated he would. The dock Deputy and Operator1 were on had a raised and lower portions one of which Deputy instructed Operator1 to sit on and place his feet on the other. Deputy had Operator1 sit on the edge of the dog with his feet flat on the lower portion. Deputy then asked if Operator1 was taking any prescription medications, under the care of a doctor or dentist and if he was wearing contact lenses, to which he stated no to each when asked. 
  
  The first exercise Deputy asked Operator1 to participate in was HGN. Deputy presented Operator1 with a stimulus and upon completion of the exercise, Deputy found Operator1's eyes tracked equally, were the same in size and appearance. Deputy also found that Operator1 lacked smooth pursuit in both eyes, had distinct and sustained nystagmus at maximum deviation and had onset prior to 45 degrees, as well as vertical nystagmus. 
  
  The second exercise Deputy asked Operator1 to participate in was the finger to nose exercise. Deputy gave Operator1 a physical demonstration as well as verbal instructions as to how the exercise was completed and as to which part of his finger constituted the tip to which operator stated he understood. Upon completion of the exercise Deputy found Operator1 used the wrong hand on each of the attempts (when asked left he used right and vice verse) , touched the pad of his index finger to the tip of his nose on his first, second, fourth and fifth attempts, and did not bring his hand down on the fifth attempt. 
  
  The next exercise Deputy asked Operator1 to participate in was the hand coordination exercise. Deputy again gave Operator1 a physical demonstration as well as verbal instruction. When asked if he understood he stated yes, when asked if he had any questions he stated no. Upon completion Deputy found, operator1 drug his hand over each other while moving them in a step like fashion. After the first series of "steps' operator1 stopped, and asked what the next step was. Deputy advised him he was not allowed to help him with the exercise at this point. Operator1 then clapped three times put his hands into the correct position and began the third task of moving…