I'm going to go help him now, right? >> No. >> Whoa. Am I >> Is this happening right now? >> Yep. >> You are extremely impaired, man. On the evening of November 18th, 2023 in Lake County, Florida, a woman drove her vehicle into a gas station pole. And what began as a crash investigation ended in a DUI arrest captured on police body camera. Before we get into the legal breakdown, one thing is clear from the footage. The officers did not manufacture this stop. They responded to an accident already in progress, and everything that followed flowed from what they observed on scene. You want me to help you out? >> No. >> No. Okay. Can we get your ID? >> Yeah. >> You want me to look for it? >> What do you mean for me? >> Your identification. >> Okay. Appreciate it. >> Oh my god. Um, is there something that I think wrong? >> Yes, ma'am. You crashed into a pole? >> Oh, >> you want me to look for it? >> Sure. >> Okay. >> You sure? >> Yeah. >> Where do you normally Oh, there's your ID right there. >> There it is. >> I'm just going to pull it out in front of you. All right. >> You just do your thing. >> Yes, ma'am. Yes, ma'am. All right. See, here's your ID. >> Yeah. >> Put this back in your purse. Okay. >> There you go. >> Yes, ma'am. >> You You sit tight. Okay. Don't Don't go nowhere. It It's going to be just a moment, but we're dealing with something. >> Okay. Yeah, >> I'll handle that while you deal with this. >> Oh, you got it. Thanks. >> We have rap. Come up here and see. >> Rap. >> Yeah, he's three and four. Should be. >> Ma'am, where's your keys at? >> Find the sink. We're on the far side by pump four. >> Ma'am with your keys. >> What's that? >> What the keys? I think it's a it's a key fob. Push to start. >> Oh, >> it's >> We can't find it. >> I didn't know. I just >> You want her out of the car? >> Yeah. I'm driving. >> What's that? >> Okay. >> Can you tell me what your first name is? >> Hi. >> Hi. >> Where's your key fob? You know the thing that helps you start the car? Did you put it in the console in your bag? >> Okay. >> Do you guys find it? >> Um, I was hoping you could Can you Can you find it for me? >> You can't find it? Huh? >> You're in your car, ma'am. It'd be rude if I reached in. Can you find it for me? >> Don't Don't feel it. It's rude. >> Oh, okay. >> Go. Go in. >> Okay. I >> uh are you are you hurt by any chance? Are you okay? >> I think I'm good. >> Okay, >> I got you. Okay. What's your name? >> Vivian. >> Vivian. >> Miss Vivian. Okay. All right, Miss Vivian. >> Where do you live? >> Around the corner. >> What's your address? >> All right. >> What city is that in? >> Um, seriously? >> Yes. use this. >> Okay. Do you know the zip code? >> Wow. >> I would rather pay >> 32720. >> Okay. >> Seriously, you asking me that? >> Absolutely, ma'am. You hit you hit a pole, so I I'm just got to make sure you're okay. >> Oh, I'm great. >> Outstanding. >> Outstanding. >> You want her out? >> Okay. She told me I can go in and find her key fob. >> I'm going to get your front. Great. >> Yes, ma'am. >> Thank you, ma'am. >> Hey, happy Thanksgiving, y'all. >> Same to you. >> The front end of your car is a little >> That's awesome. Mhm. And >> Okay, let me check out the damage real quick and then I'm going to go get with the store clerk. I'll be right back with you and we'll get this wrapped up. >> I am. >> Don't go nowhere. What's going to happen? >> Young lady out front uh crashed into a pole. There's no damage to the pole. However, I'm still going to do a crash report. Okay. >> Uh >> who do I put down for contact? >> Tomorrow morning, the assistant manager will be inh >> and her name is Janet. Hey, Wayne. Never mind. >> Hey, Wayne. >> I'll I'll be generous. >> Hey, Wayne. I am a parallegal >> for who? >> I'll I I I'll get you guys tomorrow morning. >> That's Sunday. You're a parillegal, ma'am. >> Sure am. >> All right. Who do you Who do you work with? >> Tomorrow. >> Is that in Orlando? >> It's in Winter Park. Winter Park. Okay. Yeah. Hey, wait. Do me a favor. Just say 108 cuz I don't know what type of >> There's no damage to the pole. They said they don't they're not requesting a crash report. >> Do you want a crash report for insurance purposes or you just want to because it's a single vehicle single? Call your insurance company. Let them know that you bumped into a pole and there's minor damage. Dave, listen. Um, my my my my corporate >> Mhm. >> We're going to go ahead and just uh do a um dangerous plane tomorrow. >> Okay. >> Oh, >> so we're good. >> You don't need a formal crash report? >> No. >> All right. Well, the crash crash is concluded. So, Officer Rap is going to complete a DUI investigation. >> I want him to feel great about his existence. So, we're good. >> All right. >> Awesome. Thank you. Yes, ma'am. Very much. >> Yes, ma'am. >> Going out of the car. >> You just let me know that I'm I'm okay. Can I go? >> Not Not yet. We're going to complete a DUI investigation. Okay. >> Miss Viv, can you can you step out of the car? Are you able to step out? >> Oh, yes. Yeah. >> All right, ma'am. You have the right to remain silent. Refuse to answer questions. Have any choice of mind? Do you wish to answer question? >> Under Florida statute section 316.193, a person commits DUI when their normal faculties are impaired by alcohol or a controlled substance. The statute does not require a chemical test result to establish impairment. It requires observable symptoms and Florida courts have consistently upheld that standard. The question in cases like this is always what did the officer actually observe? And Florida statute section 316.193 explicitly includes among the list of normal faculties the ability to see, hear, walk, talk, judge distances, and make judgments. Every one of those faculties was visibly compromised in this footage. The DUI investigation was legally triggered by reasonable articulable suspicion, the standard established in Terry versus Ohio, 392 US1, 1968. The officer did not need certainty. He needed specific articulable facts pointing to impairment, and the record here supports that conclusion. Regarding field sobriety exercises under Florida statute section 316.1932, commonly known as the implied consent law, chemical testing is mandatory upon lawful arrest. Field sobriety exercises, however, are technically voluntary, but refusal is not consequence-free. Florida courts allow the refusal to be introduced as evidence of consciousness of guilt. The Miranda advisement in this footage is worth examining closely. Under Burkimer versus McCarti, 468US420, 1984. Roadside DUI questioning does not require Miranda warnings unless the subject is in custody. The officer administered Miranda early, which is the more protective approach and frankly the legally safer one for the department. >> Chad, do you wish to answer questions? 1054 on answer questions. >> Yeah, I have some questions for you. >> Sure. >> Okay. Where are you coming from today? >> What? >> Where are you coming from? >> My my sister's house. >> Okay. What you do over at your sister's house? >> I hang out at my sister. What? >> Where does your sister live? >> Right across the way. >> Where's right across the way at >> there? There's no houses over there. So where where's your sister's house? >> What? >> Where is your sister's house? >> Do you know her address? By chance. >> 37020. >> The street. What are you doing right now? I'm conducting, like she said, a DUI investigation. >> Conduct what you need to do. >> Okay. So, what's the address of your sister? >> Huh? >> What's the address of your sister? >> What is the address of my sister? >> Yeah. >> I don't understand. >> I'm trying to figure out where you're coming from. >> I don't understand what that makes sense. >> I'm trying to figure out where you're coming from. Okay. So, I am going from a common >> a common what? >> You're not really making sense to me. I'm I'm trying to figure it out. >> What What is it is it that you want to hear from me? >> I explained it three times now. >> So, we're going to a home. >> Are you going to a home? >> Yeah. >> Where? >> My home. Where do you live? >> What city? >> Eustace. >> Okay. Um, when you were at your sister's house, did you have anything to drink there? >> No. >> Okay. Did you ever drink while you were driving? >> No. >> Okay. >> None. >> Is that bottle of liquor yours in the back? >> None. >> None. >> Okay. Are you willing to perform stand exercises? >> Yes, >> you are. >> Absolutely. >> All right. You use this on? >> Yeah, absolutely. >> Are you comfortable in those shoes? >> I am comfortable in these shoes. Yes. >> Okay. Do you wear contacts? >> I do. >> Can you just stand like this on the side? >> I can't. I can't. I can't. >> Why not? But my attorney can >> when my attorney will my attorney will will will justify. >> Okay. Are you able to stand like this? >> No. Can't. >> Why not? >> Cannot. >> So, do you want to do standard field body exercises or No. >> I mean, I don't understand what's what's happening right now. >> So, I'm I'm going home now. >> One more time. Do you want to do >> I'm going home now. I'm >> go help him now, right? >> No. >> Whoa. Am I >> Is this happening right now? >> Yep. >> You are extremely impaired, man. >> Yes. >> 231. I'm trying to calm them down to get the information. And it's going to be in reference to trans vehicles now being sick of not >> Am I totally impaired right now? >> You tell me. >> Well, no. I'm asking you. Am I impaired right now? >> I'm asking you. >> No, I am asking you, sir. >> Hey, ma'am. Ma'am, >> am I impaired? >> Listen to her. >> I am not impaired. >> Listen to her. >> Hello. Hi. Do you have anything on you? Guns, drugs, ms, weapons, >> I am not impaired. 351 2635 Gables Drive and living room entrance. >> The pat down search conducted prior to transport was constitutionally authorized under United States versus Robinson 4 US2 181 1973. A search incident to a lawful arrest requires no separate warrant and no additional justification. The officer's stated concern about needles is exactly the kind of officer safety rationale the court had in mind. The visible alcohol container inside the vehicle is a significant evidentiary point. Florida statute section 316.193 subsection 2 addresses open containers in vehicles. Its presence does not prove impairment but it corroborates the officer's probable cause narrative. And in a DUI prosecution, corroboration matters on the subject's repeated attempts to leave. During a lawful investigative detention, a subject does not have the right to terminate the encounter and walk away. That principle goes back to Terry. And Florida has applied it consistently. Her statements, I'm going home now, are not a legal assertion of any right. They are at best a misunderstanding of the law. The vehicle tow was authorized and required when a driver is arrested and no licensed operator is available. Florida law enforcement protocol mandates that the vehicle be secured. This is not punitive. It is procedural and the officers fulfilled their obligation by notifying the subject of where the car would be taken. >> They have a full X-ray machine. >> Ready? They have a full X-ray machine at the jail. >> We're getting ready to do it. >> Do it. Okay, >> I'm going to search you real quick. I don't want to be poked by any needles. You got anything hitting on you. >> Glad you think that's funny cuz I don't cuz I'm going be mad if I get poked. >> 15 to 64. Are you clear from that signal for? >> Come on, man. >> I I don't know. I don't want to. I just >> listen. >> Just want to make sure you don't have anything tucked in the uh waistband in here. I amoring. >> Can you spread your feet for me real quick? >> I can. >> Thank you so much. >> Sure can. >> Being cooperative. >> 104. Does it sound like it's escalating to a 33? >> You ready? >> No. Nope. I'm good. >> Just confirming you don't have anything on you before you're transported. >> No. I don't want you to. >> No, no, no. You okay? >> Yep. Yep. >> We're good. >> All right. >> He needs to be concerned. >> Let's walk over this way. >> Sure. Sure. >> You have someone you want to pick up your vehicle? >> Why? >> Because we can't leave it here. It's not secured. >> Why would I have to leave my car? >> Because you're not going to be with the car. You're going to Lake County jail. It's very >> Wait. He needs to be worried about it, not me. >> So, we're going to tow it. Okay. Yeah, that's fine. >> Okay. >> Yeah, that's great. Yes, ma'am. >> We We'll let you know where it's too. Okay. >> Oh. Oh. Oh. >> 15. You says have next rotation route. >> He's hurry. He He hates me. >> He hates me. He hates me right now. >> Hey. Hey. Let's Let's dance. No. No. No. No. Let's Let's dance. Let's dance this way. Can't wait till my attorney just loves on you guys tomorrow. >> Thanks. >> Yeah. Thanks. Don't >> put your feet in. >> Did you just let go? >> Sit in the car. >> Wow. Are you that hurt about it? Like, are you that hurt about it? >> I just locked myself in. This is great. >> Oh, you're so hurt about it. >> Can you sit in the car, please? >> There we go, Miss Biff. There we go. >> Yeah. I got >> There you go. >> I got you like wait >> with the other leg. >> Could you just like that hurts? >> Listen, dude. >> There you go. Rab, can you unlock me? >> Yeah. Oh, this is not what I had planned. Thanks. Okay. All right. Let's get her Let's get her seat belt on. Oh, man. Okay. Miss Bev, can you uh I was to get this little thing right here. >> I can't. >> Okay. Then let me get this black one right here. >> I know you are. You guys I'm scared of me. >> Scared of you. You're a nice lady. >> You are scared of me. >> Okay. >> Just can you just get that off me, >> man? Rep. You got these on? >> Well, god damn it. >> Can you sit back, please? >> I can't. >> Yes, you can. >> No, not really. Oh, >> all right, man. All right. Um, yeah. Let's get her purse and all that good stuff. >> I guess this is the scary part, right? This is the scary part. Oh, okay. Enjoy. Good night. Enjoy. Good night. Good night. Enjoy. I'll come for you. I will come for you. >> Got everything. >> Cool. We're out of here. >> All right. Um I don't have my key anymore for the room or something. So I don't know if I can get in >> the DUI room. >> There's got to be somebody at the jail that has a master key. >> I don't know. Usually they tell me no one knows how to open. Baby, it hurts me. Puppy, it hurt me. Hello. All right. Step on out. >> It hurts. It hurts. It hurts. It It really hurts. >> Okay, you need to step out. We get him off. >> I can't. >> I can't. I need to You need to get out. Then we can take him off. Well, can you take that? >> No. Step out. >> How do we How do we do it? >> We're going to go in here. >> How it hurts? >> Walk this way. >> Let's go. >> Okay. >> Now, the grades. The primary contact officer receives an A minus. professionally executed from first contact to handoff with patient communication and correct escalation to a specialized DUI investigator. The only deductions come from informal language, specifically the use of the word babe during an official interaction, which falls below the formal communication standard expected in law enforcement. Officer RAP receives a B+. The investigation followed established NHTS, a protocol. Miranda was administered proactively. Probable cause was articulated through accumulated observations. The deduction, no completed standardized field sobriety test was on record. That gap does not void the arrest, but it weakens the evidentiary foundation if the case goes to trial. The subject, Viven, receives a C+. She exercised her right to decline field sobriety exercises, which is legally valid. But she compounded her situation by making repeated denials that may conflict with physical evidence and by escalating verbally in ways that accelerated the arrest timeline without advancing any legitimate legal defense. The department as a whole receives a B. The structural protocols visible in this footage, including same gender search procedure, specialized DUI investigator deployment, and jail intake X-ray screening, reflect institutional competence. The deduction is for informal communication patterns from officers during custodial transition, which suggests a training gap worth addressing. Every encounter like this one contains lessons that go beyond the specific facts. Five stand out here and they apply whether you are a driver, a legal observer, or someone trying to understand how DUI law actually works on the street, not just in a textbook. Lesson one, a single vehicle accident is a probable cause trigger. Under Florida Statute Section 316.066, officers are required to investigate crashes involving property damage. The moment that car hit the pole, a lawful investigation was underway, and the subject had no legal basis to dispute that authority. Lesson two, you can refuse field sobriety exercises, but understand the cost. Florida courts treat refusal as admissible evidence. Exercising the right is legal, but doing so without understanding that it can be used against you in court is a decision made in the dark. Lesson three. Referencing your attorney without formally invoking your right to counsel does not stop questioning. If you want questioning to stop, you must clearly and unambiguously invoke your fifth amendment right to remain silent and your sixth amendment right to counsel. Mentioning a lawyer casually does not carry the same legal weight. Lesson four, verbal resistance is not legal resistance. The subject's repeated insistence that she was not in trouble and that she was going home had no legal effect on her detention. Under Terry versus Ohio, 1968, a lawfully detained individual does not have the right to simply leave. Lesson five, officers who maintain composure under verbal pressure are legally and tactically in a stronger position. Every moment the officers in this footage chose deescalation over force, they reduced the department's civil liability and strengthened the evidentiary integrity of the arrest. That is not an accident. That is training. What this footage ultimately captures is a DUI investigation that was legally initiated, procedurally defensible, and executed with a level of patience that kept a volatile situation from becoming a dangerous one. Whether charges hold up in court depends on evidence we do not yet have, specifically chemical test results, but the probable cause basis visible in the footage appears legally sound. If you have questions about the law discussed in this video, the citations are in the description. And if you know of an interaction or a legal topic you want analyzed, drop it in the comments. We read them. Subscribe to our channel if this kind of breakdown is useful to you and we will see you in the next