I am now requesting that you submit to a lawful test of your breath for the purpose of determining alcohol content. Will you take the test, yes or no? Do I have to? If you refuse to take the test I have requested of you, your driving privileges will be suspended for a period of 1 year for first refusal or 18 months for the driving privileges has been previously suspended for refusing to submit a submit to a lawful test of your breath, urine or blood. Additionally, if you refuse to take the test I have requested of you and if your driving privileges have been previously suspended for a refusal to submit to a lawful test urine or blood, you will be committing a misdemeanor in addition to any penalties which can be implied by law. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding. Do you still refuse to submit to the test? No, so you're going to provide a sample of your breath. Okay. On May 22nd, 2025, an 18-year-old driver was stopped for failing to maintain her lane. This analysis examines Florida's zero tolerance DUI law and the critical consequences of refusing chemical testing. Good afternoon officer with the Palm Beach Police Department, how are you? Good, how are you? >> I'm doing phenomenal. Is there a reason you can't maintain your lane? You crossed over the solid white and the solid yellow. I'm sorry. >> Multiple times. Do you have a driver's license, registration and insurance? >> Yes, sir. Driver's license, go for me and get your second unit. All right, can I have your driver's license as well, sir? Yes, sir. You in the back, same thing. Uh Sit. You are? Okay. All right, everyone step out of the vehicle for me, please. We're going to start with the driver first. Walk to my vehicle there for me. To the front of my vehicle for me. To the front of my vehicle. All right, so no one in the vehicle is above the age of 21. There's also bush in plain view. You also tried to hide the alcohol which you could go to jail for, so I never recommend you doing that in the future again. You and we're going to step over here with me. Casey, you mind killing my overheads and my flashers, please? All right, now you got anything to drink tonight? Not one beer, nothing along that line. All right, so when you were driving you were unable to maintain your lane. You reek of alcohol. I don't reek of alcohol, that's >> we're going to be conducting some field sobriety exercises. Are you willing to Are you willing Are you willing to conduct the exercises, yes or no? Do I have to? But you can say no. No. Okay. All right, so you're refusing to conduct field sobriety exercises, is that correct? Okay. All right. You said you haven't had anything to drink tonight? >> No, sir, I have not. Are you willing to submit to a sample of your breath? No, you're not. Okay. All right, turn and face that way for me, please. Place your hands behind your back for me. Can someone grab the uh refusal form for me out of the back of my car so I can read it to her? Yep. How old are you, ma'am? I'm 18. 17? >> 18. 18, okay. >> I turned 18 in December. Okay. All right. My partner is going to grab something that I'm going to read for you, okay? Am I going to jail? Uh I'm going to read something to you, okay? Yes, sir, but am I going to jail? Yes, yes, you are. You have red glossy eyes, your pupils are extremely dilated with consumption of alcohol. You're saying you don't, but you you due to my experience, you drank something tonight. And you're not 21, so you have to blow a .000 or you're considered intoxicated to be behind the wheel. So, I'm not going to play the game of no, I haven't had anything to drink tonight. I'm not going to play that game. So, I'm going to read you something and then you can decide what you want to do from there, okay? Cuz I've been behind you for a long time watching you drive. You guys might want to start calling a ride home. Wait, what's going to happen? >> I'm going to tow it. Tow it to where? >> Daytona Wrecker Services. >> know how long I'm going to be in jail for? >> bonded out in the morning. You're going to have a bond. All right. Um Can I get my boyfriend a ride? >> can you inventory the vehicle before they go in into it? Yeah, and then obviously take photos of all the open containers and the stuff in the back and [ __ ] like that. Hey Casey, if you want to stand with her, I'll just grab it. I got it in my folder. Wait, so I'm going to jail? >> Yes. If you want to just use this, you can get the paper later. >> No, that way when I sign it, I read the exact affidavit that's going to be signed. Let me read it to her. Can you just hold on to her for a second? I'll grab the refusal form. Do you have a contact number or anything like that? No. Okay, so is that how you want to be notified or Is there going to have a bond set? I just think it's dumb because I told him no he can't search my vehicle and he put handcuffs on me in the back, but I didn't even drink tonight. Okay. But they're they drank, but I did not. Okay. Yeah, I don't know. I'm not making the arrest here. Can I put my shoes on? Yeah. Where are they? In the front seat. Hey Matt. Matt, can you just grab her shoes real quick? Yeah. I'm looking for my insides, the right one. But I'm going to jail, so it doesn't matter. Literally, I'm going to jail. That's what he says. My dad's going to All right. I am now requesting that you submit to a lawful test of your breath for the purpose of determining alcohol content. Will you take the test, yes or no? Do I have to? If you refuse to take the test I have requested of you, your driving privileges will be suspended for a period of 1 year for first refusal or 18 months for the driving privileges has been previously suspended for refusing to submit a submit to a lawful test of your breath, urine or blood. Additionally, if you refuse to take the test I have requested of you and if your driving privileges have been previously suspended for a refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor in addition to any penalties which can be implied by law. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding. Do you still refuse to submit to the test? No, so you're going to provide a sample of your breath. Okay, thank you. She's going to uh search you before I put you in my vehicle. Charge 700 1266. Go on. I'm going to need you for a video appearance. All right. Okay. I'm going to search you real quick, okay? Just turn around and face the car. Okay, just like that. Spread your feet apart. I have a pad on. Okay. Can you call my dad for me? Put him on the phone. Sure, I'll call your dad real quick. What's his All right, fine. I'll take it. Okay, I'm I'm going to call him when we're in. Please, please just tell him we're in. We're in. What's his What's his number? Here, one second. I'm cooked. I'm cooked. I'm cooked. I'm cooked. No. Just stay over there, Cole. Hey. >> Can you get my Can you hand me the phone over here? No, stay over there. Like right there is fine. >> talk to him. No, hold it right there. All right, so last thing we do, I'm going to go like this and then shake this out, okay? Call him again. So, you got to look like Wait, can I please talk to my dad? >> sit down. We're going to If he answers the phone, yes. >> [screaming] >> Put your feet up inside. >> [snorts] >> There's a step right here that will help you. >> I don't I don't have my wrists. When you get to the place permit, they'll go in the front. Hey, hey, hey. >> You can use the step if you need it. Call him, he'll probably answer. He'll probably answer his daughter's phone. >> Can you open my phone? >> What's your passcode? Give I have not yet a Open it. I'll open it real quick. All right. Go to calls, go to calls. >> can call her dad after. Yeah. She can call her dad after. She doesn't make phone calls in my custody. All right. Put your feet inside. Can I give my boyfriend a hug? >> No, put your feet inside. Hey, I'm sorry. Under Win versus United States, any traffic violation provides probable cause for a stop. Pennsylvania versus Mimms permits ordering all occupants from vehicles for officer safety. The officer discovered marijuana and alcohol in plain view. Under Horton versus California, contraband immediately apparent during a lawful stop may be seized without a warrant. Florida statute section 322.2616 establishes zero tolerance for drivers under 21. The standard is 0.00 BAC, not 0.08. The officer correctly stated, "You have to blow .000 or you're considered intoxicated." Any detectable alcohol triggers administrative penalties. This is a bright-line legal standard with no discretion. The driver refused field sobriety tests and initially refused breath testing. Florida's implied consent law, section 316.1932, imposes severe consequences for refusal. One-year license suspension for first refusal, 18 months for second refusal. Second refusal is a criminal misdemeanor. Refusal is admissible as evidence of consciousness of guilt at trial. After hearing the mandatory implied consent advisement, the driver changed from refusal to consent. This is legally permissible and tactically smart. By consenting, she avoided certain one-year suspension and the evidentiary weight of refusal. Her spontaneous statement, "I'm cooked," is admissible under Miranda versus Arizona as a voluntary admission not resulting from interrogation. The driver revealed a prior DUI arrest. Florida law imposes enhanced penalties for second DUI, mandatory 10 days jail, one-year license revocation, ignition interlock device, and higher fines. This demonstrates a pattern of behavior, not an isolated mistake. Have you ever been arrested for DUI in the past? Huh? Okay. Subject dressed in proper transport. Then I'll be off the radio for BTO. Talking to uh my dispatcher. >> [music] >> Huh? Is this dispatcher, please? No, this is our holding facility. Dispatcher's out by the jail. Slide out the phone. Put it right here. The arresting officer receives grade A minus for textbook DUI enforcement. Clear probable cause, proper Mimms authority, correct plain view application, accurate zero tolerance explanation, and verbatim implied consent advisement. The officer respected both the driver's right to refuse and her right to consent after hearing consequences. The driver receives grade F for multiple violations. Underage DUI, marijuana possession, minor in possession of alcohol, false statements, test refusals, spontaneous admission of guilt, and prior DUI history. This represents catastrophic failure of judgment with life-altering consequences, including enhanced penalties as a repeat offender. Key lessons: For drivers under 21, zero tolerance means 0.00 BAC, not 0.08. Refusal triggers automatic one-year suspension. Prior DUI convictions mean mandatory jail time, ignition interlock, and longer revocations. The best decision is made before driving. If you drink any alcohol under 21, do not drive. Use ride-share services or call a parent. For parents, educate teenage drivers that the adult to them. Many young people don't understand this critical distinction. One drink can result in DUI charges, license loss, and criminal record. Understanding zero tolerance and implied consent laws is essential for every young driver. This case demonstrates proper DUI enforcement and the severe consequences of poor decisions. Let us know your thoughts in the comments. Thank you for watching and check out our second channel, Street Law, for more legal analysis. Subscribe for detailed breakdowns of police encounters and your rights on the road.