Police respond to a report of boating accident involving two boats and severe injuries. Officers arrive on scene, emergency response personnel treat the injuries of the wounded. The officers begin questioning the individual allegedly driving the boat. The officers note the strong smell of alcohol on the individual and that the individual’s eyes were bloodshot and glassy. After conducting field sobriety tests, the officer arrests the individual. At trial government is unable to prove the identity of the operator of the subject vessel based on limited testimony and lack of witnesses. Not guilty verdict on boating while intoxicated charge results from trial.