You're a .235. You're over double the legal limit. Oh, really? You're hammered. I'm really not. You are. I'm not. You are. I'm telling you most grown grown people can't even walk at that level. March 9th, 2023. A Florida hit-and-run investigation escalated to DUI arrest with a breathalyzer result of .235 BAC. Florida statute 316.061 requires drivers in property damage crashes to immediately stop and exchange information. Moving the vehicle is a second-degree misdemeanor. Alcohol odor and admission of drinking established reasonable suspicion under the Fourth Amendment to investigate DUI. How's it going? I think you guys were coming out. Can you tell me what happened? Yeah, the black Hyundai like a launcher expected that red BMW that's parked right there. I think they were parked side by side. Okay. And when the Hyundai backed out, it just clipped the back left back left rear panel of it. So, those are the two cars right there? >> No, that's the red BMW. Uh-huh. Oh. They parked here then she lives here. What's that? If she parked here, she definitely lives here then. Yeah, that well the Hyundai's that black one right there. Do you see it next to the silver Tacoma silver truck over there or farther down in the parking lot? Back there? Yeah, yeah. The person that got out of it. Okay. This one. That's all. Yeah, I'll go talk to her. All right, cool. Hey, do you do you have video of this? I don't. Okay. Do you know who that person is? I do not. Okay. Hey, how's it going? Hi, how are you? So, someone reported you hitting a car. Can you tell me what happened? You moved your car over here? Yes. Okay. Of course. Where were you parked initially? Right here. Like You just said you moved your car. Well, I was over there and I was like, "Okay, let me park over here so like I like can Okay. All right. All right, so I see red marks here and that BMW also has a mark on there, too. All right. Listen, when you hit a car, you're supposed to stay in the parking lot, right? Leave a note with your name, insurance, address, phone number. Okay. Do you have any of that on you? Yeah, I do. Can I can I get that from you? I think that's everything. Huh? I think that's it. Yeah, I know. Do you have your license? Yeah. Ma'am. Yes. How much have you been drinking tonight? Barely. Oh. It smells like it to me. Do you have your license? Do you have your license? Yeah, I do. >> I need your license, ma'am. Okay, well, can I get your license? Is this your car? Yeah, it is. Okay. What's your name? Kylie. I need your license. How do you get inside bars? I don't. Like I literally don't. Okay, but I got to have your license, all right? I don't go into bars. I don't. I don't drink and drive. I do homework and like do nothing. Like I [ __ ] have my backpack and like that's it. Like I don't know what you want from me. Well, you hit a car, so I need your information. You have it. If I call my mom, like is that fine? No, just um let me get your Are you What's your last name? What's your first name again? Kylie. What's your middle? Hm? Nicole. Okay. All right, just stand by here. I'm going to grab my car, okay? Can you step over here? Just behind this car. All right. Clearly go go right there. So, you're clearly under the influence. Okay. I'm going to ask you a few questions if you don't mind. Okay. Are you diabetic or anything like that? >> You don't take any kind of medications, physical impairments? No. No? Okay. You wear glasses or contacts? >> Nope. Okay. So, I do believe you are impaired like I said again. Um I have um a series of exercises that I want to run with you. >> Go ahead. Do you mind doing them? Go ahead. Do you like to do them? Yeah. Okay. All right. So, for the first one, I'm going to check your eyes, okay? Okay. HGN is 77% >> stand feet together arms down at your side. Can you sit sit down? Oh, yeah, go ahead. Florida statute 316.193 sets the legal limit at .08. For drivers under 21, it's .02 under statute 322.2616. .235 BAC is three times the adult limit, 12 times the underage limit. Enhanced penalties apply. One to $2,000 fine. Nine-month jail maximum. Mandatory ignition interlock. Pennsylvania versus Mimms permits ordering occupants from vehicles. Birchfield versus North Dakota allows warrantless breath tests incident to arrest. Can you sit? Your arms down at your side, okay? And what you're going to do is you're going to follow this pen with your eyes and your eyes only. Tip of this pen right here where my finger is. You know where you're looking, right? Yes, sir. Okay. Follow your eyes and your eyes only. Do not move your head. Only move your eyes, okay? Do you have any questions? Keep your arms down at the side like this. Yes. Why does [ __ ] everyone have to look at me? Don't move your head. Follow your eyes only, okay? Follow your eyes only. Can you do me a favor? All right, you can keep your hands like this to to help hold your heads, okay? Just like keep your head straight. So, you follow your eyes only. Can you still moving your head? Just make a fist. Put it directly under your chin. Follow your eyes only, okay? Sounds good. Catch you later. See you later. It's really like I'm supposed to keep my hands. Now I'm just going to go up and down. So just keep following your eyes, okay? Okay. All right. So, I got two more exercises. Okay. Okay. So, you don't mind doing them? Mhm. Go ahead. Okay. All right. So, just hang tight right here, all right? Okay. What's that? I'm cold. You're cold? Okay, we're almost done. Okay. We're almost done. Uh the next exercise is going to be called a walk and turn. Okay. So, before I start my explanation, I'm going to place you in the starting position. Do you understand? Yes. Okay. So, you're going to put your left foot on the line. Okay. Left first? >> Left, yep. Okay. Put your left foot on the line. Okay. And you're going to put your right foot in front of it. Okay. Heel touching toe. Okay. Just like this. >> Yes. There you go. Uh don't start yet. Okay. I'm just going to place you in the starting position, all right? You're not going to start anything. You're going to watch and listen. I'm going to demonstrate. You're not going to start until I tell you to start, okay? Okay. All right. Go ahead and put your left foot on the line, just like this. Oh, no, no. Like this. Oh, like Okay. Left foot on the line. Put your right foot forward. Okay. Just like this. And then you're going to put your arms down to the side, just like this. All right. You're going to watch me and listen as I explain and demonstrate. Do you understand? You're going to maintain this position. Do you understand? Okay. I'm going to I'm going to flip around so you can see what I'm doing. So, you stay You stay in that position that I just put you in, okay? All right. You good? Okay. So, from the starting position, so go back to the starting position. It's just like this. You're going to maintain this position, okay? You're going to maintain this position. All right. It's so [ __ ] difficult. You're just going to You're just going to watch me and listen. Do not move. All right. So, when I tell you to begin, you're going to take nine heel-to-toe steps down this line right here. And you're going to count out loud. Just like this. One, two, three, and so on until you get to nine. When you get to nine, you're going to take a series of small steps, just like this. And you count out loud again. One, two, three, and so on until you get to nine. Yep. So, you go back to the starting position. The starting position is that way. Right? All right. I can explain it again. One, two, three. Uh What? Okay, you're going to go You're going to be going down this line, okay? Oh, what? You made it sound like you were going that way. No, I was demonstrating. Okay. Okay. All right. I can start all over, all right? >> Go ahead. So, I'm going to place you back in the starting position. Okay. So, put your left foot on the line. Okay. One, two, three, four, five, six, seven. All right. Okay. So, I didn't tell you to begin, but I'm going to put you in the starting position, okay? So, in the starting position, so you're going to go back over there. Okay. Okay. You're going to put your left foot on the line. There you go. You're going to put your right foot in front of it. Heel touching toe. And you're going to put your arms down to the side, and you're going to maintain this position while I explain and demonstrate. Do you understand? Yes, sir. Okay. So, let me know when you're ready for me to Go. Okay. You're going to stay in this position. All right. You're going to be walking down this line. Remember that, all right? I'm going to go ahead and turn this way so you can see. So, I'm going that way. You're going this way. Wait, I'm going that way. Yep. So, your your your goal is to walk on this line, okay? Okay. So, when I tell you to begin, Okay. You good? When I tell you to begin, you're going to take nine heel-to-toe steps down this line right here. Okay. You're going to keep your arms down at your side. Eyes on your toes. You're going to count your steps out loud, just like this. One, two, three, and so on until you get to nine. When you get to nine, you're going to take a series of small steps, just like this. And you're going to count nine steps again, just like this. One, two, three, and so on until you get to nine. Do you understand? Okay. One, Anything else? two, three, four, five, six, seven. eight, nine. And then I do it backwards. Yeah, you got it. You series of small steps. You want to try again, or is that You want me to try again? Or do you want to move on to the next one? Okay. All right. We'll We'll move on to the next one, okay? It's going to be called the one leg stand. All right. So, same thing as a walk and turn. I'm going to place you in the starting position. You're going to maintain that position while I explain and demonstrate. Do you understand? Okay. So, for the starting position, you're going to stand with your feet together, arms down at your side. And this is the position you're going to maintain while I explain. Okay? When I tell you to do so, you're going to raise either foot, your left or your right, Okay. Okay. Approximately 6 inches off the ground. Like this. Don't start yet. Okay. For how long? You're just going to keep this position until I tell you to begin, okay? So, you're just You're just going to stay like this until I tell you to do so. Okay? >> For how long though? We'll get there, okay? >> Okay. One step at a time. So when I tell you to do so to begin you need to raise either your left foot or your right foot approximately 6 in off the ground just like this. Which is about a soda can, okay? It's [ __ ] So you're going to keep both arms at your sides with your foot parallel to the ground and your eyes on your foot. You're going to count out loud just like this. 1,001, 1,002, 1,003, and so on until I tell you to stop. Do you understand? Yes, sir. Okay. I don't want you to use I don't want you to use your arms for balance or sway. Okay, but it's [ __ ] cold. >> put your foot down if you put your foot down just pick it back up and count where you left off, okay? Do you understand? Okay. Do you have any questions? No. All right. You you can go to the starting position now. Here, right? So you're going to go back to the starting position. Wait until I tell you to begin. Back here, no questions at all? Okay. You may begin. You may stop. Okay. All right, just step on over here for me. Put your hands on your back, ma'am. Are your cuffs are they comfortable? Are they too tight? Yeah. All right, I'll tighten it. It's fine. Okay. I'll tie it a little bit, okay? Why am I getting handcuffed? Will you stop stop turning? Stop turning. >> Okay, well I'm We'll explain it in a minute. Okay, so right now you're under arrest for DUI. All right? All right, ma'am. Step this way. For what? 1:15 I got 1:15. I got to get your name before I search. Ma'am, step over here. Ma'am, do you not pull away. Just sit here and we'll explain, okay? All right, ma'am, right here I got something called the implied consent warning. Um I'm going to be requesting that you submit law enforcement test of your breath for determining the purpose of this your alcohol content. Okay. Will you take this test? Absolutely. Okay. But I'm sleeping here, so it's like I'm not driving, so what's the problem? So unfortunately because you were in physical control of your vehicle, your keys in the car, you were in the car. I watched you get out of the car as well. Okay. You're technically still in control of the car. All right? I'm reading you a little something called the Miranda warning. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand? Do you wish to talk to me? Yeah. >> Okay. All right, be honest with me. How much have you had to drink tonight? Two drinks. Two drinks, okay. What kind of drinks were they? Wine. Wine? Yes, sir. Red wine, white wine? Um red red. Did you have any liquor, beer, anything? >> Red, no. You only had wine? Yes, sir. Was it two bottles of wine or two cups of wine? Two cups of wine. Two cups of wine. Where where were you coming from tonight? Cuz I know you said you were here Tampa. >> JW Marriott. JW Marriott? >> Yes, sir. Okay. All right. Just put the feet in the car for me, okay? We're going to have a female come search you just in case. Is there any belongings that you want to take with you? Can I walk like fine? Do you know where your ID is? >> She's Where am I going? So right now for the breath we're going to go over to the main station where the breath machine is, okay? Like I'm going to be like put Wait, let me stop. Like I'm going to be put in like green outfit? A green outfit? Yes. Yeah, we we don't have any green outfits, okay? >> All right, just hang tight for me, okay? Just one step at a time. Just one step at a time, okay? >> Hello. Hi, how are you? I'm good. So I'm Officer Perry. I'm just going to search you real quick, okay? Go ahead. All right, so step out. All right, just face over here. Face that. Face the car. There you go. Do you have anything on you that's going to poke me, stick me, harm me in any way? No. All right, spread your legs. Is there anything stashed up hiding anywhere? No. Okay, cuz once you get to the jail if they find it it's going to be another charge, okay? Do you understand that? Yes. Do you have pockets? Do you have anything underneath this? No, you can literally check it. I'm I'm good. Okay. Okay. All right, anything in your shoes? You want to have me take the whole thing off? Okay. We're good. You can get back in. So where am I going? Um right now it's just like the other officer explained to you. We'll go to the downtown Clearwater police station for the wet test and then we'll go from there. All right. All right, ma'am. I'm going to leave the door open. I'm just going to observe you, okay? For what? We have a portable breath test that's coming here. Okay? Okay. So you're going to blow into the portable one, all right? If you want to I mean you you can hang your legs out. Just get comfortable, okay? Okay. I'll be great. Do you have anyone that you can call once you get to jail that can help you bond out or help you out with yourself? Um I mean like I can call my mom, but like I feel like my mom would like actually shoot me in the head, so like How old are you? 19. So like I'm I don't know. Wait, would my mom know about this like at all? I mean I'm sure you're going to have to call her at some point. Does she still help you pay your bills Barely. Cuz DUIs are not cheap. So you don't have to worry about telling your mom. We're not going to tell your mom. All right, let's walk over there. There's no more time. Me? Yeah, we're going to walk over to this car. Can you pull your skirt down at all? I'm trying. Can you move your hand up front? Yeah, there we go. Is this where we're going? Gross. All right, we're going to walk over here. All right. Just lean against this car for me. Just take one step back. You have to go this way. So what? I'm going to be like a foot shorter, so Okay. What? And then what? You'll sit there and sober up. I don't give a [ __ ] about sobering up. I'm already sober. >> you have to. Okay, I'm already sober. So like what else? You just sit there and you wait. >> Is there going to like be someone that's like [ __ ] like Dave East [ __ ] like trying to like No, they're not going to let >> god, I swear to god. >> They're not going to they won't let people They basically you'll they'll give you a chance to make a phone call. You're going to need someone to help you bail out. Or you're going to have to sit there till the morning till you can go see a judge. So, my mom has to know about it. Someone. Boyfriend, girlfriend, roommate, anyone? >> No. No. What about myself? Like, what if like I pay Do you have your card? Yeah. Yeah, I'm How much is that? It's going to be $50. But, you have to have some sort >> 50? Yeah. If you get a bondsman or 500 if you just >> do I get a bondsman? They're going to You're going to go in in this room and they're going to have a list of a bunch of phone numbers of for bonds people to call. And you you'll call them and uh you'll call them and you know, every up G. The thing is um by you doing it yourself you got to rely that you know, there's going to be open phones. And it's a Friday night, so the jail may be busy. So, so there may not be open phones all night. But, who am I calling? You'll just pick a bondsman. >> Random people? You'll just pick a bondsman off the list. Okay. They'll answer the phone. You know, you'll tell them your name, Yeah. your charge, and then they'll >> What's my charge? Please tell me. It I don't I I don't know, man. I just showed up. >> not cuz you're the one that [ __ ] arrested >> I'm not. I just showed up. I'm not the one that arrested you. Okay. Well, let me know I'll be right back. He'll tell you. Okay. All right, step forward real quick. >> Yes, sir. Big deep breath. And blow. Keep going. Keep going. Harder. Harder. Harder. Harder. Harder. All right, step back. What's your name? Charlie, do you know what the legal limit in Florida is? What the legal what? Limit in Florida to drive? No. It's a point zero eight. Yeah, but what is >> to guess, what was yours? Mhm. Point six. You're a point two three five. You're over double legal limit. Oh, really? You're hammered. I'm really not. >> You are. >> I'm not. You are. Okay. I'm telling you most grown grown people can't even walk at that level. How often do you drink? Quite a bit. Cuz if it wasn't quite a bit, you wouldn't be walking right now. You're 19 years old. Come on. Everyone likes to party. I get it. Be a kid. I was a kid I was a kid in I was a kid in college once, too. But, you can't >> [clears throat] >> Okay, I just uh face the the door for me and I'll get There's transport vehicle. I think we should all come. All right, so Double? Huh? Are you like double arrested? >> No. He's just changing the cuffs. Yeah, they're they're going to go to the front. It'll make it a little bit more All right, so um watch your step there and watch your head as you go. Oh, this is so [ __ ] disgusting. Well, um if it makes you feel better, uh I do sanitize it after. >> Yeah. You use like alcohol? Um no, we've got a surgical uh uh germicidal spray that the that the jail has. So, we spray it down and stuff like that. It's just This is an old an old van. And don't worry about the guy guy over there. He's just He's just high off of like meth or something like that. Oh, meaning like there's somebody like right there like high on drugs. Awesome. Well, he's going to >> Like, you're mixing me with No, you guys are separate. Technically, like I'm going to [ __ ] like break this [ __ ] up. Um >> Or like he could cuz like he's like [ __ ] insane. No, you see that the big ass lock? So, there's no way he's going to push through that. Plus, um I can hear you guys, but um I can't talk back because of there's a a one-way platform button. So, if you get if you get cold, just holler. Okay. I'll I'll turn it up. Um and I got a camera right here, so don't worry about anything. You'll be fine, okay? All right, and um I got one stop and then I'll get you to the jail. >> Meaning we're going to pick up another person. Yeah. But, they'll be on the other side, too. So, you're you're nice and you're good to go, okay?