On July 6, 2024, an FWC officer was on State Water Patrol in the Homosassa River, Citrus County, Florida, accompanied by another officer. While patrolling south of Halls River Bridge and west of the blue waters, the officer conducted a vessel stop at approximately 9:00 PM on vessel ******* for operating without navigational lights and to perform a boating safety inspection. The vessel's operator was identified by their Florida Driver License as a 24-year-old male.
During the boating safety inspection conducted by the accompanying officer, the lead officer ran the operator's information through FWC JRCC Dispatch for a wants and warrants check. Dispatch reported the operator had an active warrant with full extradition to Orange County for charges including robbery, two counts of criminal mischief, and battery. Due to the severity of the warrant, the officer boarded the vessel, placed the operator in handcuffs to prevent flight, and informed them they were being detained pending confirmation of the warrant but were not under arrest at that point.
The detained individual was escorted to the patrol vessel, fitted with a life jacket, and awaited warrant confirmation. The officer verified the warrant using NCIC/FCIC and the individual's social security number, date of birth, and full name. Dispatch confirmed the warrant, and the individual was informed of their arrest. The officer noted they had no prior knowledge of the case.
While in close proximity to the detained individual, the officer observed signs of alcohol impairment, including glassy, bloodshot eyes and a strong odor of alcohol emanating from the individual's breath. Additionally, the individual's relaxed demeanor was noted as consistent with alcohol consumption. The accompanying officer also reported detecting the odor of alcohol. When questioned, the individual admitted to consuming one beer. The lack of navigational lights during nighttime operation, combined with physical indicators and the individual's admission, led the officer to suspect impairment.
The individual agreed to perform voluntary seated field sobriety tasks (SFSTs) to further evaluate their level of impairment. They were transported to Riverhaven Marina, where the BUI investigation was conducted on land. The individual was temporarily removed from handcuffs to perform the tasks and cooperated throughout the process.
Based on observations during detention and clues gathered during the SFSTs, the officer determined probable cause to charge the individual with Boating Under the Influence (BUI) with impaired normal faculties. The individual was re-handcuffed, double-locked for safety, and informed of the BUI charge. Despite the officer's observations, the individual maintained they had consumed only one beer.
At the marina, the officer, a certified Breath Test Operator, requested a breath sample to measure alcohol content after a 20-minute observation period. The individual consented after being read implied consent for BUI. Two breath samples were provided, both exceeding the legal limit of 0.08, with readings of 0.112 at 10:02 PM and 0.112 at 10:05 PM.
The individual was charged with Boating Under the Influence with a blood alcohol content of 0.08 or higher, under State Statute 327.35(1)(c). A bond of $500 was set per the Citrus County Bond Schedule. Additionally, bond for the warrant charges totaled $8,000, covering $5,000 for robbery, $1,000 for each of two criminal mischief charges, and $1,000 for battery. The case was referenced under the following case number.
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