On 02/04/24 at approximately 06:18 PM, an officer of the Florida Fish and Wildlife Conservation Commission (FWC) was on water patrol at Wayside boat ramp in Seminole County, Florida.
While on patrol, the officer observed a green vessel (bearing Florida registration *****) being operated at a high rate of speed and creating excessive wake through the "slow speed minimum wake" zone (posted north of 17-92 and south of I-4 on the St. Johns River). The vessel's bow was not fully settled in the water as it was raised due to excessive speed in the zone.
A vessel stop was then conducted. The operator was informed of the reason for the stop and acknowledged awareness of the signs but stated they did not think the vessel was on plane. The officer explained that operating at that speed posed additional dangers due to the large wall of fenders underneath the other side of 17-92, creating blind corners for other boat traffic entering between the fenders from the St. Johns River.
While speaking with the operator, the officer detected a strong odor of an alcoholic beverage and observed slurred speech at times. The operator's eyes appeared glossy and red, and their face was flushed.
A vessel safety inspection was then conducted, during which the operator was asked to present all required safety gear. While stepping off the dock into the vessel, the operator was observed to be unsteady. When asked for the vessel registration, the operator handed over the decal and explained difficulty in mounting it due to spray paint on the hull preventing adhesion. When the officer explained why this was a violation, the operator became agitated and argumentative. Additionally, the officer observed some delayed responses and several empty alcoholic beverage containers under the operator’s seat and toward the middle of the vessel.
Upon reviewing the safety equipment, the officer advised the operator to tidy up the vessel and stepped away to run the operator’s information through dispatch. While doing so, the officer observed the operator leaving the vessel to back up a truck. The officer then stopped the operator and inquired about alcohol consumption to assess fitness for operation. The operator stated that three beers had been consumed between them and their fiancée on the vessel and denied drinking with dinner. However, later statements conflicted, as the operator then claimed to have had two beers with dinner on a bar tab and no additional alcohol.
Due to multiple indicators of impairment, including observed vessel operation, the officer asked the operator to participate in Seated Field Sobriety Tasks (SFSTs) to ensure safe operation. The operator refused, stating unwillingness to perform any tasks. The officer explained that a decision on enforcement would be made based on observations if the operator declined to participate. The operator acknowledged this and again refused.
Based on all observations before and during the vessel stop, including careless operation, unsteadiness, slurred speech, glossy red eyes, agitation, and the strong smell of alcoholic beverages, the officer placed the operator under arrest for boating under the influence.
After being handcuffed and searched, the operator was instructed to walk to the patrol truck but was uncooperative, agitated, and had to be pulled at times. Upon reaching the patrol truck, the operator became highly agitated, screaming in confusion about the officer’s body camera status. The operator was upset that the blue light on the camera was not visible, despite the camera only having a red light when recording and a green light in standby mode. The operator was given multiple orders to sit in the patrol vehicle but did not comply initially. Upon being guided into the vehicle, the operator resisted by bucking and chest-bumping the officer before finally complying. The operator then began yelling and arguing, stating disbelief over being arrested and later claiming to have thought they were idling.
The operator was then transported to Seminole County Jail, where they continued to laugh and make remarks, saying, "Wait till they hear about how I got cuffed and stuffed, it's gonna be hilarious." While at the jail, the operator changed the previous statement, now asserting that only two beers were consumed at dinner on a bar tab instead of the three initially mentioned on the boat.
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