I'm recording it right now go kind of go close to her see what what's going on there it's a really weird place to rest I was thinking the same thing how you doing ma'am doing OK Officer Marshall Fish and wildlife what was that you're almost where we're just doing a quick inspection do you have a life jacket on you you don't have lifejacket can you paddle over here for me you got your uh paddles backwards a little bit I don't know if you noticed that you probably get get a better bite in the water if you flipped them around the shore you feeling okay okay we're gonna pull up next to you I'll let you grab on to here okay oh I got you we're gonna go towards the shore okay you okay do you have a driver's license on you you do where's it at you what I don't have one oh you don't have one where are you from New Orleans New Orleans I got you don't oh no no don't lean over stay right there okay just relax for me alright we're gonna go to this uh the bank over here how long you've been out today too long too long too long are you with anybody myself just yourself apparently you said apparently is anybody else in your party with you not not the right no no alright ma'am can you do me a favor and stand up for me and come over to the side of my boat it's real shallow here okay you need help good go ahead and try to stand up for me right there okay so you're in real shallow water it's about 2 3 inches deep here right you should just be able to stand stand up in the sand don't try to stand on the boat you're gonna fall okay can you stand in the sand oh yeah I can here put this down like this you can use it as like a there you go okay alright then there's nothing under your seat no ID or anything like that nothing under your seat I don't think what's that just a beer a just a beer okay alright well can you uh come over here for me please what's your name uh Katie Katie do you mind stepping on you feeling okay alright let me get some information from you okay I just need to know your name and where you're from let me get a piece of paper out okay okay so many freckles what was that I have so many freckles yeah is that that is that normal or no no it's not normal to have freckles I'm it's so fucking bright out here it it's uh it is kind of bright but the sun's behind some some haze right now it's not too bright I don't I'm not wearing my glasses um I got a lot of freckles too so so I'm smelling some alcohol coming off your breath have you ever drunk as a skunk drunk as a skunk I will tell you I'm drunk as a skunk okay and you're not here with anybody you said that you I kind of got mixed signals there I I have friends but I don't know where they are you don't know where they are do you know their phone numbers I do you do know their phone numbers I do you done with that piece of paper yeah okay what's their phone number we can give them a call oh dear God huh you don't know it we're not doing that oh we're not calling your friends no no no are you go and run my run my run my things what's your address in Louisiana oh my God 9 2 0 do you know your address I do do I want to tell you no I don't you don't want to tell me I just need to verify we got the right person hold up do you just give me the 9 29 20 you can stop there that's that's what what he said OK alright and you're still currently living there you're just visiting down here no it's my parents house okay how old are you 38 38 alright I'm very old no that's not very old 38 is very young okay um so I'm seeing you you told me you've been drinking um how long have you been out very too long too long alright thank you how does what happens now what happens so I pulled you over you remember where I first pulled you over you were going under the bridge there that's a that's a pretty busy channel what's that I'm not kind I don't even know what I'm doing do you know where did you put in at who knows you don't know where you put in that no so you're just you were just going you know you were going out towards the golf thank you for so much okay um do you mind doing some tasks for me so I'm safe so I can say that you're safe to operate or go back home okay alright can you see it there there you go now you're looking at you're looking over my shoulder can you can you see the light now you're looking at me hang on so just follow with your eyes only okay so if I go to the right of right of you or left of you just follow with your eyes alright keep following it don't stop following it you're looking at me again try it again for me alright okay can you see the pen tip okay are we done yet yep we're done with the that part okay when I say right you must touch your right index finger to your nose when I say left you must touch the left index finger to your nose do you understand you may begin okay you got to uh tilt your head back and close your eyes remember lean forward again you're lean you're leaning up against the the backrest here okay close your eyes tilt your head back at a 45 degree angle close your eyes not yet put your hands put your hands back down I'm gonna tell you which finger to use okay so scoot up to the front edge of your seat there you go alright don't lean back on anything tilt your head back at a 45 degree angle close your eyes keep keep your eyes closed left immediately return it back back down to your side okay right keep your eyes closed keep your head tilted back okay you gotta bring your hand back down okay left keep your head tilted back keep your eyes closed and your head tilted back okay you gotta bring your hand back down there you go right okay you're leaning back on the thing again on on me right you gotta bring your hand back down every time okay left OK you can relax alright keep your feet flat on the floor for me alright try not to lean up against the thing alright so I need you to make a fist with both hands place your left fist in your chest your right fist against your left fist just like that I need you to remain in that position till I explain the rest of task you understand okay when I say begin you must perform four tasks the first task is to count out loud from one to 4 while you move your fist in a step like fashion making contact between your fist at each step it look like this 1 2 three 4 not yet don't start until I tell you to okay the second task is to memorize the positions of your fists after you count to four clap your hands three times and return your fists to the memorized positions you watching third task is move your fist in step like fashion in reverse order counting allowed from five to eight returning your left fist to your chest 5 6 7 8 okay fourth task is open your hands palms down and place them in your lap OK do you understand OK alright you ready are you ready I'm not ready no yes do you understand what I said I understand what you said OK you may begin and then I forgot what happens next what what's next I I can't help you you gotta alright I I fell you what I fell it's not a pass or fail so do you have somebody that that we can call that knows you're here I'm in fucking Destin I don't even know where I am you don't you're in so you're in you're in Destin Florida right now okay so I need you to stand up alright you know exactly where you're at don't okay I need you to stand up I need you to place your hands behind your back okay I don't know don't please don't no put your hands behind your back okay I'm gonna explain it to you you're under arrest for boating under the influence all right I'm gonna get a life jacket for you so you can sit down so I don't have to worry about you falling in the water alright you okay go ahead and take it or is this yeah alright go ahead and take a seat for me here do you remember where you rented the pond or the uh jet the not mine kayak it's not yours not mine okay did you rent it or is it a friend's it's a friend's I'll put this around your neck okay I need you to go behind your arm right here okay going around front you can scoop back a little bit just gonna tighten this life jacket up okay okay does that feel good there feel comfortable enough oh yeah well I mean it's not real comfortable it doesn't feel like it's gonna fall off it's not quite comfortable but you know what I'll I'll live with it okay alright so we got your kayak on the back of the boat okay right now we're gonna go to Destin their Coast Guard Destin over here and yeah if you what was that um yeah unless uh I think I'm good I don't I don't think I need to pat her down yeah do we got a we got a female a female officer in the Coast Guard that in case she's not on the boat yeah we'll we'll find somebody if I need to I'll just give you a call OK ma'am thank you for being kind to me I'm I'm trying to be kind to everybody I come in contact with I appreciate it I appreciate it a lot okay well I'm glad I got to stop you over here before you got way out there did you get my kayak yes yep I don't know what I'm doing what was that I don't know what I'm doing you got you come to Destin a lot no no this is your first time over here it's not my first time is it your first time on a boat I'm gonna take your hat off so it doesn't get blown off in the wind okay not your first time in a boat it's my first it's my first time getting arrested OK for sure that's interesting thank you for being kind to me well you're welcome I wish I could give you some some clothes like some shirt or pants or something but I don't have anything oh my God I got my baby thank you you're so you're so kind I'm glad you noticed I did actually I noticed when you when you started this game and we're gonna try to take a step up there without you falling in the water okay can you take a step I'll get your hat take a step right here alright I got I got your arm right here okay Officer Brags gonna grab you okay take a step on the dock there you go I got your hat oh hold on it's still trying to pinch you got it yes got any other foot no I'm good there's a little door that little office we're going to straight ahead we're gonna take a your first seat in your life right behind you see that seat you sit right there do you want breakfast sir fine do a charging report here you go no I didn't yeah it's not that bad I'm not grossed out but I wasn't driving I was only voting you were only voting you gotta keep blowing you gotta blow blow blow for a couple seconds about 5 seconds keep going keep going keep going keep going try it again take a deep breath get a nice constant blow okay no don't blow down there take a deep breath you got a couple seconds to do it okay keep going until I stop until I say stop keep that tone up keep going keep going keep going keep going keep going that's good keep going keep going almost there almost there alright stop there why does it matter it's just it's all it doesn't take that no keep going don't stop keep that tone up keep it up keep going sorry about that I'm not drunk there it is there it is I'm not drunk you're not drunk OK apparently you got you got one uh one more to do one more to do OK then we get a female officer in here to escort you back she she should be pulling up I just started up trying to talk to her and we're gonna let you go it's okay I can hold it I am an intelligent human being but I just had to let you know I understand are you ready again no I'm not can you brush my hair a little bit more Miss K what color are your eyes gray a little bit more a little bit more they are gray there you go try again deep breath yes why oh my dear can I be yeah give him a yeah it's fine she's done you can cover the fire what's that cover the fire yeah you should give me cover for now it's fine go and sit up sit up I'll put the cups on the front so you can turn take this stuff alright thank you hey we're gonna try out the handcuffs OK I have no idea I hate all of it all of it is horrible I need this it's a horrible situation what's your name what's your name Kaylee Kaylee Katie Katie okay Katie you can go with me okay I have no shoes alright Miss Katie uh you're I'm handing you over to the deputy here he's gonna take you to jail OK you understand her for a second let me pull the truck over yeah yeah I'll hang up yeah just wait right here wait right here and he'll bring the truck over here so you don't have to walk through to get your feet all messed up I've never done this before hopefully it'll be the last time right thank you for the water you're welcome what happens next I go to jail so they're gonna take you to the jail uh they'll make let you make a phone call when you get there to let someone know when exactly you can be picked up okay they'll give you the address the location and everything so you'll be able to give that to them and they'll come pick you up what's your name again officer merch officer merch mm hmm this is ridiculous but thank you for walking me through this okay no problem also thank you thank you for rescuing me cause I had no idea what I was doing I'm glad we got we saw you before something happened and you got a little bit further out there probably would have been looking for you tonight or possibly looking for a body the next day okay not we're not there yet well I'm glad we did we didn't get there I'm happy am I happy to be going in it's better than the patrol car you get a lot more room in here okay good luck ma'am thanks ON JULY 2ND, 2023 A FISH AND WILDLIFE OFFICER IN DESTIN FLORIDA SPOTTED A WOMAN ON A KAYAK NEAR A SHIPPING CHANNEL NO LIFE JACKET PADDLES BACKWARDS NO IDEA WHERE SHE WAS BY HER OWN WORDS DRUNK AS A SKUNK UNLIKE TRAFFIC STOPS ON LAND OFFICERS CAN STOP ANY VESSEL FOR A SAFE HER ADMISSION DRUNK AS A SKUNK WAS VOLUNTARY AND SPONTANEOUS NOT CUSTODIAL INTERROGATION FULLY ADMISSIBLE WITHOUT MIRANDA PROBABLE CAUSE CAME FROM FIVE INDEPENDENT SOURCES HER ADMISSION ALCOHOL ODOR FAILED FSTS THE BEER ABOARD AND ERRATIC OPERATION UNDER FLORIDA STATUTE 327.35 BOATING UNDER THE INFLUENCE APPLIES TO ANY VESSEL KAYAKS CANOES PADDLEBOARDS ALL INCLUDED SECTION 327.02 DEFINES VESSEL AS EVERY WATERCRAFT USED AS TRANSPORTATION ON WATER THERE IS NO EXCEPTION FOR NON MOTORIZED CRAFT THE MISSING LIFE JACKET VIOLATED SECTION 327.5 THAT ALONE JUSTIFIED THE STOP THE ODOR OF ALCOHOL JUSTIFIED THE INVESTIGATION SHE FAILED MULTIPLE FIELD SOBRIETY TESTS COULD NOT FOLLOW A PEN FORGOT TEST SEQUENCES MID TASK LEANED BACKWARD REPEATEDLY UNDER SECTION 327.352 OPERATING A VESSEL IN FLORIDA CONSTITUTES IMPLIED CONSENT TO BREATH TESTING UPON LAWFUL BUI ARREST REFUSAL CARRIES A MANDATORY 500 DOLLAR CIVIL PENALTY THE OFFICER COACHED HER THROUGH MULTIPLE ATTEMPTS RATHER THAN MARKING REFUSAL SHE LATER SAID I WAS NOT DRIVING I WAS ONLY BOATING UNDER FLORIDA LAW THERE IS NO DISTINCTION BUI MIRRORS DUI EXACTLY SAME FINES SAME JAIL TIME SAME FELONY ENHANCEMENT FOR REPEAT OFFENDERS PRIOR DUI COUNTS AS PRIOR FOR BUI AND VICE VERSA FIRST OFFENSE BUI MISDEMEANOR UP TO SIX MONTHS JAIL UP TO $1,000 IN FINES SUBSTANCE ABUSE EVALUATION MANDATORY THE OFFICER EARNS AN A+ TOWED HER TO SHALLOW WATER BEFORE TESTING LIFE JACKET PLACED ON HER AFTER ARREST FOR WATER TRANSPORT FEMALE OFFICER REQUESTED FOR PAT DOWN BREATH TEST COACHED PATIENTLY HIS WORDS WE WOULD HAVE BEEN LOOKING FOR A BODY THE NEXT DAY KATIE EARNS A C MINUS DANGEROUS DECISIONS NO JACKET ALONE IMPAIRED HEADING TOWARD OPEN GOLF BUT FULLY COOPERATIVE AND HONEST SHE THANKED THE OFFICER FOR RESCUING HER THAT HONESTY MAY HAVE SAVED HER LIFE FASTER THAN ANY LEGAL DEFENSE EVER COULD THREE LESSONS FIRST BUI IS NOT A LESSER CHARGE FLORIDA TREATS IMPAIRED BOATING IDENTICALLY TO IMPAIRED DRIVING SAME CODE SAME CONSEQUENCES SECOND VESSEL STOPS NEED NO PROBABLE CAUSE EVERY TIME YOU OPERATE ANY WATERCRAFT IN FLORIDA YOU ARE SUBJECT TO SAFETY INSPECTION THIRD HONESTY DURING A STOP CANNOT UNDO THE ARREST BUT IT CAN GET YOU OFF THE WATER FASTER AND IN THIS CASE ALIVE A KAYAK A BEER AND PADDLES HELD BACKWARDS IT ENDED WITH A BUI ARREST IT COULD HAVE ENDED IN THE GULF WITH NO LIFE JACKET LET US KNOW WHAT INTERACTIONS OR LEGAL TOPICS YOU WOULD LIKE ANALYZED IN THE COMMENTS THANK YOU FOR WATCHING STAY SAFE OUT THERE