---"over the limit" is NOT the same as being drunk.---
That's the case for most of us, but too individualistic of an argument. A 100lb girl could be under the legal limit yet be considerably more "drunk" than a 200lb man who is triple the legal limit.
The sad (frustrating) thing about this is how intuitive it is that the power boat was 100% at fault. The judicial system pays no attention to obviousness though. The clear, bold reality of the situation is replaced by political bs.
This should be treated the same way as car/pedestrian situations. No matter what, if a car hits a pedestrian the car is at fault.
Hopefully, due to the publicity and F-ups of the authorities going about this, it will simply be thrown out. Any good lawyer should have a field day with this