Officers from the Florida Fish and Wildlife Conservation Commission (FWC) were on marked vessel patrol near the Jupiter Inlet on the Intracoastal Waterway (ICW). They observed a vessel traveling south from Cato’s Bridge on the ICW and stopped the vessel for a boating safety inspection. The operator of the vessel had glassy and bloodshot eyes, and there was an odor of an alcoholic beverage emanating from the vessel. Inside the vessel was a trash bag full of empty alcoholic beverage containers and many open containers scattered about.
When asked for his license, registration, and the vessel’s safety gear, the operator had difficulty gathering the items. He held the registration in his hand, then put it away and proceeded to look for it again, needing direction to locate it. The same confusion occurred with the sound-producing device, which was the last item needed for the safety inspection. Despite holding a whistle in his hand, he put it away and continued searching until redirected back to the whistle.
Based on the officers’ interactions and observations, they asked the operator to board their vessel for a sobriety check.
SFST’s: The operator was read his general instructions and pre-task questions without issue. He admitted to having one beer at his house before leaving for the day. His eyes were glassy and bloodshot, and there was an odor of an alcoholic beverage emanating from him.
Horizontal Gaze Nystagmus:
• Lack of smooth pursuit in both eyes.
• Distinct and sustained nystagmus at maximum deviation in both eyes.
• Questionable onset to nystagmus prior to 45 degrees in both eyes (not marked as clues because they were faint).
Total Clues: 4 (Total clues needed: 4)
Finger to Nose:
• Missed the tip of his nose and did not use his fingertip on 4 attempts.
• Had to be told to bring his hand down on all attempts.
Total Clues: 14 (Total clues needed: 9)
Palm Pat:
• Had to be told to increase his speed.
• Rolled his hands.
Total Clues: 2 (Total clues needed: 2)
Hand Coordination:
• Started at the wrong time.
• Did not count as instructed while clapping.
• Stopped the task at the wrong time and in the wrong position.
Total Clues: 4 (Total clues needed: 3)
Arrest and Transport: Based on the interactions and observations, as well as the performed tasks, the operator was placed under arrest for Boating under the influence of alcohol. He was handcuffed, and the handcuffs were double-locked. He was transported by vessel to Dubois Park and then in a marked patrol vehicle to Palm Beach jail at Gun Club.
At the jail, the operator was read his implied consent and agreed to provide a breath sample. The readings were 0.040 and 0.041, approximately 2.5 hours after the initial interaction, accounting for metabolization. He was booked without incident.
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