welcome back folks to the dui channel we
are in elkhart lake wisconsin where on
june 7th 2020 at 12 33 a.m police heard
a vehicle making a loud disruptive sound
approaching their position
the driver then crossed over the center
line and continued to excessively rev
their engine before the officer pulled
them over to begin her investigation
hi sir officer bresser with the elkhart
lake police department can you just shut
off your car for me
uh reason why i stopped you today a
couple things you didn't use your
blinker up at the intersection up there
um as well as you cross over the center
line
uh where are you coming from uh right
from elkhart here okay where is that
where from the bar or downtown
concerts
okay
deserts closed a while ago yeah
downtown we're just on the sidewalk okay
uh anywhere else did you guys go nope
you're downtown the whole time okay have
you been drinking tonight at all a
couple times we were down and see seed
kings okay how much do you think you'd
drink
no just earlier tonight okay what time
do you walking around time
what time a couple hours we were
spending town in town whole time okay do
you have uh your license and proof of
insurance for your vehicle
thank you
okay here's that back then i'll just be
right back i gotta run your information
just remain in your vehicle
as the officer returns to her patrol
vehicle she discusses with the second
officer her observations in regards to
the suspect's sobriety
he definitely had more than a couple
drinks
and what indicators did you get um first
i could smell it on him second his eyes
are red and glossy okay
and he fumbled
getting his
idea
any issues with his speech or anything
or was that all good
uh just besides how he said that he was
at deserts and they closed a few hours
ago
did you notice anything
office speech um
i just make sure dress was him him
revving his engine
i added them to my call how would you go
about this now
since i've never done this before so far
is asking him to step outside this
vehicle um
what she has to do regardless and once
he's out ask um
um talk to him a little bit more just
explain
you know are you willing to do some
field sobriety tests tonight to make
sure you're safe to be driving home
um
let's ask how he's willing to perform
field sobriety tests once he's already
outside of his vehicle
okay
and then just address his the revving
yep i'd address that too so asking on
the vehicle maybe ask about revving
anything that's going on with that
um
and once he's down inside his vehicle
and he explains that or whatever and ask
him if he's willing to do a field
sobriety test tonight okay should i keep
his
yeah
because if he says no he doesn't want to
do field sobriety tests what are you
gonna do
myself um
is there
okay so for that if he says no
do you place under arrest then right
away or do you ask for a p pbt
nope so that's that's gonna be part of
your thing so ask crystal field
sobrieties if he says no
um
i guess a lot is you're gonna have to
watch for indicators of him getting
outside of this vehicle
okay okay because if you won't do field
sobriety testing
you're gonna have to see if um
you have enough to rest them off of not
doing that at all okay
yikes okay
and then if he refuses
and
i decide that i don't have enough
indicators
no no just
we'll address that if it comes up i'll
take over from there okay thank you
as far as greenfield tests if he agrees
to it
i would see about doing it in the
parking lot the fire department right
there
okay
all right and i also have to ask you uh
several times when you were driving down
this road you were revving your engine a
lot was there a reason why you did that
to be honest i'm sorry it's elkhart lake
it's a bad social thing i'm sorry it's
cars in elkhart lake i'm sorry okay uh
can you just step out of your vehicle
for me just come back to the back your
vehicle
[Applause]
stay right here
uh okay so
i just want to make sure that you are
able to drive home safely are you
willing to do field sobriety tests for
me yes okay sounds good you set over in
that parking yeah so are you okay with
going we're just gonna go to the parking
lot right there off the roadway just
that way everybody's safe all right
um
are you fine with is that girlfriend
wife
girlfriend yes okay or you're fine with
her staying in the car while you do this
you can you can let her know if you want
um it's okay and i'll walk with you over
there you want to bring the car over and
just let this fashion or get you filled
yep
um
i just hang out here for a second i'll
walk over there with you i'll let her
know
okay right
i'm just gonna sneak behind you here and
talk to what's your name nate nate is
her name nate rachel rachel okay
hey rachel we're gonna go over to the
fire department parking lot right there
okay so you can hang out right here are
you fine with that yeah okay sounds good
if you need anything we'll be right over
here all right why don't we walk over
here
and we'll head right over by the garage
door so we can see what's going on
where are we headed to tonight going
home
yeah we're home at uh
okay
not too far if it drives on
all right let's stay out here and ask
your way over to uh do that with you
okay
yeah turn off the front flashing lights
you can leave the rear ones on
ah shut off the headlights too
there we go easier to see now
all right so first i'm going to ask you
do you have any health issues anything
like that at all with your eyes
okay well i'm technically colorblind
okay that won't have that won't have
anything to do with it
okay so i want you to watch the tip of
my pen with your eyes your eyes only do
not move your head side to side you
understand
remain feet hands down at your side just
remain in that position until i tell you
to do so do you understand
make sure not to move your head
all right just keep watching the pen
all right
next test i'm going to have you do is
the walk and turn
so first i would like you to
here let's use this line actually see
this line
you don't you agree nothing is in your
way no debris anything like that
okay so i'm going to have you stand with
your right foot in front of your left
foot with your hands down at your sides
remain that position until i tell you to
do so you understand
so you're going to be taking
nine heel to toe steps
forward and back
once you get to your ninth heel to toe
step forward
you are going to take small choppy steps
with your plant
front planting foot
make sure your hands are down at your
side
your eyes are down at your feet
count your steps out loud
i will demonstrate
so you're gonna do
one
two
three short choppy steps
one
two
three and so on you understand
arms down eyes on at your feet count out
loud
one
two
three
four
five
six seven
eight
nine
one
two
three
four
five six
seven
eight nine
okay uh last test i'm gonna have you do
is going to be the one leg stand
so you are going to pick a
leg of your choosing whatever dominant
leg that you would like to use
you're going to lift your foot about six
inches off the ground like this keep
your toe pointed
just stand until this in this position i
tell you to do so okay stand like this
until i tell you
until i'm done finishing
finish directions okay
so you pick whatever leg you want to
stand on
raise your foot about approximately six
inches off the ground
keep your toe pointed forward look down
at your foot
and count out loud one one thousand two
one thousand three one thousand four one
thousand and so on do you understand any
questions one thousand two one thousand
three one thousand four one thousand
five thousand six or thousand
keep going
one thousand two 1000 31 000 41 000 51
000 600 000 7000 81 000 91 000 10 1000
11 000
12 1000. keep your arms down on your
side thirteen thousand four two thousand
fifty one thousand sixteen thousand
seven two one thousand eighteen one
thousand ninety one thousand twenty one
thousand
twenty one one thousand okay you can
stop
all right will you do a pvt uh breath
test i don't see why i need to like do
you want to do one i do no i don't want
to i
walk the line what might you do here it
just helps us figure out where you're at
just so that way we know if you're able
to drive home safe or if you gotta call
a ride or what's going on all right
why i didn't
i'm an elk cart like i
got a car do you want to do one or no i
don't want anyone no okay
it's up to you you did the field test
you saw the clues
all right i'm gonna have you turn around
put your hands behind your back you're
gonna be arrested for owi do you
understand
so if i have a
so if she can drive home it's going to
be different or what's the deal here
what do you mean just
just like why did why did it change all
of a sudden
questions also change into something
else or what why no i just give you the
same thing finish
cuffing arrest right now guys she
you finish
explained
your other head back thank you
too tight
okay
right and then do you have anything on
you that will hurt me if any weapons
anything like that will stick me
all right i'm just going to search you
real quick
sounds good
is this just paper in your pocket
money
am i holding on to this
thank you
nothing on your waistline
ready
so how does this work why is this
happening right now so she'll have some
paperwork for you in just a minute all
right now we can
go on from there
about my girlfriend in the car here
i'm gonna talk to you about that while
she finishes up some paperwork
i'll figure out the car for you okay all
right um so if your girlfriend is sober
does she have permission to move your
vehicle
yes but i still understand how i'm not
legally allowed to drive yet just
because i was not i don't even know what
your tests are but what is this
right so that's why that's why she's
trained in it right so she's trained in
detecting all wi
so due to the test that you took
you she detected that you were
over the legal and or too impaired to be
operating a motor vehicle safely
all right so what happens to me and or
my girlfriend is your girlfriend
is she sober or
yes she would be sober to drive but she
not necessarily to drive a manual oh she
doesn't know how to drive a manual i i
can't say that she could drive the
manual home safely would you be fine if
she pulled it just into here
i don't know she's never i don't know if
she's ever driven all right i'll talk
about the problem okay if not do you
know
is somebody nearby or a buddy that you
could call to move it not necessarily
near mar i'm not sure why i'm actually i
have there's no situation that has
actually
proved me because a sober person can't
maybe take 20 steps straight or stand on
their foot for 20 seconds straight have
you pulled over a 65 year old guy could
he stand on his one leg for 20 seconds
alright so right now i'm not i'm not
going to talk to you about that that's
the officer did that okay i'm just
trying to figure out the vehicle with
you
the vehicle is emanuel and she is a 25
year old girl so i mean what i don't
want to tell you so if i ask her and she
feels comfortable do you want me to have
her move in here if she feels
comfortable sure okay but i i don't see
what my test is that i failed yet
otherwise i'll put some cones out around
it and you guys you can figure out plans
to get removed otherwise okay okay all
right let's hang out here for a minute
um if she doesn't feel comfortable
moving the vehicle do you want the keys
with you or do you want her to hang on
to him i mean yes it's a fifty thousand
dollar vehicle i know i i mean either
way we'll lock it up i'm just saying
this i just don't understand where this
test came from okay just hang out here
being difficult it's just not
all right what's your first name again
man rachel rachel oh wait are you silver
tonight yes
oh hey are you so rude enough to do you
know how to drive this vehicle i cannot
drive this okay okay that's all right so
right now i'd work on getting yourself a
ride okay okay
um so if you have somebody that can call
that can come pick you up so can i ask
what
like two questions i guess okay i'll see
if i can answer is he going
um so that will be found out here um
we need to figure out
a couple of things then we should know
within about two or three minutes okay
okay and then second question
um since i can't drive this car where is
it gonna be so that's what we talked to
him about i think we're just gonna end
up pulling into the fire department okay
if he if he's okay with one of us moving
it okay so that'll be up to him
otherwise we'll just put cones around it
and
that'll be what happens with it okay
can we try to please get i mean
yeah if you know somebody that wants to
come get it that
even that it's like the
getting it off the road part like this
is gonna sound super selfish but like
if he had to die over like me or the car
yep i understand 45
car yeah so we'll go ask him if he's
okay if one of us moving in we'll pull
it right into the fire department okay
parking lot okay
all right so with your vehicle your
girlfriend doesn't want to move it
because she said that
she's gonna drive a manual that's
general
all right so we have a sheriff's deputy
here
are you fine with him pulling in you can
watch him do it if you want sure
somebody knows how to drive him man i
drive manuals all the time i got a cobra
okay okay fine yes
all right so he'll pull it in here for
you all right
okay nathan i am gonna be issuing a
citation for operating while under the
influence
okay
so
okay
i'm sure
okay so your deposit amount is going to
be 861. estimated points off your
license it's gonna be six
uh the
court is mandatory you understand
and then uh the
court information the
address and everything like that is up
here
and then next i'm going to be or reading
you the informing the accused
under wisconsin's implied consent law
i'm required to read this notice to you
you've either been arrested for an
offense that involves driving or
operating a motor vehicle while under
the influence of alcohol or drugs or
both or you are the operator of a
vehicle that was involved in an accident
that caused death of great bodily harm
to or or substantial bodily harm to a
person
or you're subject suspect suspected of
driving or being on duty time
with respect to a commercial motor
vehicle after consuming an intoxicated
beverage
this law enforcement agency now wants to
test one or more samples of your breath
blood or urine to determine the
concentration of alcohol or drugs in
your system
if any test shows or alcohol in your
system that the law permits while
driving your operating privileges will
will be suspended if you refuse to take
any tests that the agency request your
operating privilege will be revoked you
will be subject to another two other
penalties
the test results or the fact that you
refuse
testing can be used against you in court
if you take all the requested tests
you may choose to take further tests
you may take the alternative tests that
this law enforcement agency provides
free of charge you may also have
a test conducted by a qualified person
of your choice at your expense
you however
will have to make your own arrangements
for that test
if you have a commercial driver's
license or we're operating a commercial
motor vehicle other consequences may
result from positive test results or
from refusing testing
such as being placed out of service or
disqualified in addition your operating
privileges will also be suspended if a
detectable amount of restricted
controlled substance is in your blood
will you submit to an evidentiary
chemical test of your blood
no
no
okay
thank you
because this was the suspect's first
defense for operating while intoxicated
or owi the arresting officer released
the suspect from custody and gave him a
citation the suspect was eventually
picked up by his parents all right so
i'm gonna give you your citation i
already explained that to you
and then
get your license back
and then um
this purple sheet
you will have to fill it out you can
either email fax
you said email fax or actual mail or
just mail it in
because your court date is mandatory
so
here's that and then if you have any
other questions concerns anything like
that all of our court information as
well as numbers are listed in this
pamphlet okay
following the subsequent arrest and
refusal to submit a blood sample the
suspect nathan was ordered to pay 861
dollars which was categorized as the
bond amount in the owi citation
this amount has been paid in full
for the sentencing the defendant's
license was revoked for six months and
he was ordered to participate in an
alcohol assessment
nathan received no jail time it was not
put on probation
anything you say can and we use to get
you important you have the right to talk
to a lawyer before questioning
and to have the lawyer with you during
questioning if you cannot afford a
lawyer and want one a lawyer will be
appointed for you without charge prior
to any questioning if you decide to
start answering questions at this time
you can stop any time during the
questioning
i have read or i have read
to me this statement do i have to read
this down here as well okay so are you
willing to answer questions or no okay