A Florida Fish and Wildlife Officer was patrolling Lake Dalhousie from the boat ramp, he observed a vessel bearing registration [REDACTED] with three subjects on board, one male and two females. The male operator of the vessel was wearing swimming-style shorts, no shirt, and a hat. He was operating the vessel at a high rate of speed in a careless manner, getting very close to other vessels with people on them and driving the vessel very close to several children floating on tubes.
While observing the operator and the subjects on board, the officer saw the male operator drive the vessel extremely close to a group of people on a pontoon boat and between two boats that were close together floating. At approximately 7:37 pm, the officer observed the male subject drive the vessel to a house located on the water.
At approximately 8:00 pm, the officer located the house the subject had pulled the vessel up to at [REDACTED]. As he approached the home, he met with a Lake County Sheriff Deputy. The Deputy stated he was called to the location for a noise complaint, further stating the homeowner, the subject's father, was out of town and no one was to be at the house.
The officer introduced himself as state law enforcement and asked the subject, who was later identified as [REDACTED], if he had just parked the boat. The subject was unstable on his feet, and the officer could smell an odor of alcoholic beverages coming from his person and mouth while talking with him. The subject stated, "let’s talk outside," despite already being outside. When asked for his driver’s license, the subject stated, "yeah, it’s right here," and claimed to be an officer. The officer requested his DL again with no success.
The officer provided dispatch with the vessel registration to attempt to ID the subject. While doing this, the subject walked up to him again, insisting on talking outside. The subject was very close to the officer, and he continued to smell a strong odor of alcoholic beverages coming from the subject's person and mouth as he talked. The subject was unstable and swaying while standing on a solid wood vessel dock. When asked if his DL was in the house and if they could grab it, the subject stated, "fuck no you can’t go in the house."
While asking for the DL, the subject continued stating he would walk them to the fence. While walking to the gate, the officer informed the subject he would need his name and date of birth. The Deputy identified the subject, and the officer confirmed his ID through FWC dispatch.
The officer asked the subject if he had consumed any alcoholic beverages that day, to which the subject responded with something about Dubstep and denied having any alcohol. When asked if he had any intoxicants, the subject stated, "I guess as an officer of the law you could say yes, but as a meaningful person I’m here and I’m me."
The Deputy explained to the subject why they were there and informed his father over the phone that the officer would be conducting Seated Battery of SFST’s on the subject for operating a vessel while his normal faculties were impaired. The Deputy relayed that the subject's father stated, "please do." The officer attempted to conduct Seated Battery of Seated Field Sobriety Tasks (SFST’s) on the subject, but he was uncooperative and did not comply with the request. No SFST’s were conducted.
Based on the subject's refusal to cooperate and signs of impairment, at approximately 8:18 pm, the officer placed him under arrest for operating a vessel while normal faculties were impaired (BUI), careless operation of a vessel, and interference or obstruction of an FWC officer. At the jail, he was further charged with refusal to submit to a breath test. The Deputy with the Lake County Sheriff Department transported the subject to the Lake County jail, where he was booked on the charges.
At the jail, the officer read the subject his BUI Implied Consent Warning for Breath and requested a sample of his breath for operating a vessel while normal faculties were impaired. The subject refused. Additionally, at the jail, the subject touched a male correction officer on more than one occasion, and the officer warned the subject not to touch him again and warned him he was going too far with his actions. The subject was charged with the following violations:
• Boating under the influence
• Refusal to Submit to Blood/Breath/Urine
• Careless operation of a vessel
• Interference or obstruction of an FWC officer
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