The Defendant was seen operating his 42 foot boat in the inter-coastal recklessly just before sunset. The officer stopped the boat and noticed that it had no lights on and that the window shades were down, blocking the driver’s view. The operator smelled of alcoholic beverages, had slurred speech and red/glassy eyes according to the police. When asked to put the boat in reverse, the Defendant had trouble following the instruction, and put the boat in the drive position. The officers found an empty bucket with 10-12 empty Corona beer bottles in it. Once on shore another officer arrived to conduct a BUI investigation. After completing the HGN examination the Defendant was arrested. While being escorted off of the dock, the officer said that he needed to hold on to his arm, as he was about to fall into the water due to his unsteadiness. After being offered a breath test, the Defendant refused. Our firm filed a Motion for Speedy Trial, and thoroughly cross examined the State’s witnesses during trial. During the testimony of the 3rd police officer, the State conceded that their ”ship was sinking” and they decided to drop the BUI charge.