Besides just the normal "rules of the road" that the powerboat operator broke, lets apply some common sense.
By attesting that the skipper/owner of the sail boat were drunk, they could have caused this? Essentially, they are saying that a leaner in light air could turn so fast as to get in the way of a boat going ~50mph. Not defending drinking and "driving", but... come on... Where is the sanity check?
Also, note that no one is accusing the sailboat crew of being drunk, only that their blood alcohol tests were positive. The sherriff's alcohol test came back negative, but was originally dated 24 hrs after the accident occured. This was passed off as a "clerical error".
