thank you reason why I'm stopping you is uh you have a headlight out and then you crossed over the uh the dashed lines at one point on Lake Streetr please they only 9 11 OK is everything OK yes what's going on nothing OK why are your hands up like that no because I'm just trying to show you I don't have nothing on me or nothing OK I mean I can smell it it's really strong I mean a burned out headlight and a lane departure on Lake Street either observation independently satisfies the reasonable articulable suspicion threshold established in Terry versus Ohio The Fourth Amendment does not require probable cause for an investigative stop it requires specific articulable facts that criminal activity may be afoot both were present here before the officer reached the window once the officer detected the odor of alcohol and observed behavioral indicators the stop scope expanded lawfully into a DUI investigation Illinois versus Caballes permits exactly this provided no unreasonable delay occurs the exit order was textbook Pennsylvania versus Mims an officer may order the driver from any lawfully stopped vehicle no additional justification is required full stop hello how's it going are you able to take that out thank you reason why I'm stopping you is uh you have a headlight out and then you crossed over the uh the dashed lines at one point on Lake Streetr where are you come where did you pick them up from um we just I just what was that I said I literally live right right okay and then do you have proof of insurance for the car yes sir okay so I'm gonna take a look at that and this is your car okay can I get it out the trunk what was that can I get it out the trunk the insurance is in the trunk oh okay where's your phone at did you go straight to the city to pick them up or were you hanging out there for a little bit or you said did I what I was just curious like what you how your night went so like did you no I just got my hair done I just picked them up um how much have you had to drink tonight I didn't what was that I didn't you didn't when's the last time you had a drink hmm I didn't are you still looking for the insurance yes I got a paper one though but I was just trying to look to see if my email if I get one right I'll give you a few minutes to can I just get the out the trunk it's in the trunk you said um and you can't pull it up it's not coming up on the app uh give me give me cause I got all these emails right yeah you got a lot of stuff to go through give me just a second I will be right back okay and then I'll let you see if we can grab it from the truck okay but just wait here for now can you can you go on and step out for me just yeah you can leave everything there just so your hands are full of stuff please they only 9 11 OK is everything OK yes what's going on nothing OK why are your hands up like that no because I'm just trying to show you I don't have nothing on me or nothing OK like I literally right I appreciate that are you able to just shut the door so you know more cold air doesn't get in I just have a few more questions for you OK ma'am I know I know I understand that so so I'm just gonna check your eyes real quick OK do you wear glasses or contacts I do do you have them in right now no any problems with walking or balance OK um if you could just put your feet together and your arms down at your sides just like this okay and all I want you to do is follow the tip of my finger with your eyes and your eyes only keeping your head still do you understand okay you still doing okay alright just keep following do it keep doing what you're doing almost done the officer then deployed all three National Highway Traffic Safety Administration standardized field sobriety tests in correct sequence horizontal gaze nystagmus walk and turn and one leg stand on the horizontal gaze nystagmus test the officer's instructions were protocol compliant however he acknowledged on camera that the parking lot was not well lit nitsa guidelines require adequate illumination for reliable nystagmus observation that acknowledgment is a documented suppression argument on the walk and turn the audio captured a step count error on the return segment Nitsa identifies eight validated clues for this test one or more clues correlate with a blood alcohol concentration at or above 0.1% with 68% accuracy on the one leg stand the subject lowered her foot before the 30 count elapsed a scored clue under nitsa protocol her statement I cannot stand alone is now part of the evidentiary record the subject raised a pre existing condition defense she stated she has always walked the way she walks this is not frivolous courts have accepted baseline gait defenses when supported by medical documentation none was offered here the preliminary breath test refusal carries its own legal weight under Schmerber versus California breath tests are non testimonial The Fifth Amendment does not protect against them refusal is admissible as circumstantial evidence of consciousness of guilt the subject's categorical denial of any alcohol consumption compounds the refusal problem that denial captured on body cam audio is now a prior inconsistent statement the prosecution can use if impairment evidence is introduced at trial under Illinois Implied Consent Framework 6 25 ICS 5/ 11- 501.1 any person operating on Illinois roads has already consented to chemical testing as a condition of driving refusal triggers a statutory summary suspension of one year for a first offense okay we're gonna go up and one more time okay now what I want you to do there's a lot of cracks in this parking lot here walk over here and I just want you to imagine a straight line from where you're standing that just goes indefinitely you said to what so a straight line from where you're standing that goes to infinity like it keeps going does that make sense so what I want you to do I want you to take nine heel to toe steps down the imaginary line keeping your front foot planted I want you to turn with the other foot taking a series of small steps and then I want you to take nine heel to toe steps back down the line I want you to keep your arms down at your sides the entire time okay look down at your feet and count your steps out loud all right and uh just don't stop until you are done with the test does that all make sense yeah uh whenever you're ready you can begin 1 2 3 4 5 6 7 8 9 one seven eight nine okay and I want you to stand about where my flashlight is and then put your feet together and your arms down at your sides just like I'm standing and then your feet together as far yeah as close as you can go that's okay um when I tell you to I want you to lift either your left or your right leg from the ground hold your foot parallel about six inches off the ground look down at your toe and count out loud one thousand one one thousand two give me one second here whenever you're ready you can begin 1002 1 thousand just keep your arms out at your sides both of them yeah both of them yep 1 thousand four 1 thousand look down at your toe while you're counting 1 thousand two one thousand three one thousand four one thousand five 1 thousand six sh*t I can't stand alone OK can I just lean on it pick it back up can I lean on it no you can't lean on that the presence of minor children in the vehicle fundamentally altered the legal exposure in Illinois operating under the influence with a minor passenger is not simply an aggravated circumstance it is a stand alone class 4 felony under 625 ILCS 5- 11- 501 subsection d paragraph one that single fact elevated a standard misdemeanor DUI into a felony child endangerment case under 7:20 ILCS 5 /12 c -10 no prior conviction is required the children's presence alone is the element post arrest no Miranda advisement was captured on this recording Miranda attaches upon custodial interrogation not arrest alone the officer's post arrest questions regarding the children in apartment were largely non incriminating but any statement elicited after the handcuffs without a documented advisement carries suppression risk just do your best I'm gonna have you walk back towards my car here you're good you're good just walk back towards the front of my car alright I just got one more thing here for you you just decided to bring them back with you for the weekend uh huh okay they're off school okay I see do you have them every weekend no okay so I'm just gonna offer you the opportunity give a breath sample here so all you're gonna do is take a deep breath in I'm not what was that I'm not why not cause I'm not what cause I'm not you said you haven't had anything to drink tonight at all okay so then what's the issue I guess I'm just a little bit confused I'm not gonna do that are you worried that it might be over the limit I mean how much have you had you've clearly had something to drink tonight I mean I can smell it it's really strong I mean was it earlier in the night like before you before you left I'm just trying to piece it all together here so how much did you have to drink I did not drink OK so then why wouldn't you give a breath sample that's what it doesn't make sense to me I mean if you had just a a drink or two that's not gonna it shouldn't put you over the limit did you have more than just a couple I did not cannot call somebody but I understand you said I crossed the line or something okay right I'm boldly people saw everything I've been walking like this all my life whatever you can say you can say but I'm not gonna do it now can I call somebody come get them I mean we're not one step at a time here right you are you just did four tests on me right and I walk how I walk if you get any cameras to come over here to see how I walk every day to my house the whole thing's been no no no I'm not talking about that I'm talking about just to know that I walk but at the same time I'm thankful you're kind of tying my hands here because again I there are clear signs that you have been drinking I'm willing to work with you if it was just a little bit well again I I'm just looking for your honesty ma'am that's all that's all I've been looking for this entire time but I don't think you've been fully truthful with me tonight so I'm just trying to again have a clear understanding of what's been going on tonight I went and got my hair done I thought I'm too nice for my girl right and when's the last time you've had a drink I did no the last time I did so you've never drank in your life okay go ahead and turn around and put your hands behind your back put your hands behind your back I'm gonna have you take a seat in the car here this one right here take a seat behind that blue seat belt there is everything okay again I'm gonna make sure alright is anybody home right now in your apartment they can take care of them okay who can we call um okay you call her phone number by her oh no I got a cell phone it's on your cell phone okay give me just a second does your phone have a um a passcode on it okay I'm gonna bring it over here we'll see if we can get in touch with her okay I'll get your wallet for you ma'am okay are you doing okay otherwise I'm cold but I know I know I'm gonna get this door shut hopefully you can warm up a little bit all right where do you keep the keys to your apartment what where do you keep your apartment keys or do you not need them on my car key oh they're on the car key okay I just want to make sure alright the officer receives a B the stop was legally sound the SFST battery followed nitsa sequence and instruction post arrest conduct securing the children contacting a responsible adult retrieving the subject's belongings was professionally exemplary the lighting deficiency on the HGN and the absence of a documented Miranda advisement are the two issues that prevent a higher grade the subject U a C plus physical compliance throughout the encounter was consistent and appropriate the pre existing condition defense had legal merit and was raised at the right moment however the categorical denial of drinking the PBT refusal and the decision to transport minor children while impaired are three compounding choices that converted a traffic stop into a felony case each one made the next consequence worse lessons Learned first when a traffic stop produces a DUI investigation relocate the subject to a well lit area before administering the HGN test poor lighting is not just a practical limitation it is a documented nitsa compliance failure that defense counsel will raise at every suppression hearing second document Miranda advisement on camera every time without exception the moment handcuffs go on any question that could be construed as interrogation requires a recorded waiver silence on the body cam is not a defense third a PBT refusal is not a shield it is evidence the implied consent doctrine means the question is never whether testing will occur it is only when and under what legal framework with what administrative consequences refusing a roadside screener accelerates all of those consequences without eliminating any of them fourth the presence of minors transforms the legal landscape entirely a parent operating a vehicle while impaired is not choosing risk for themselves alone in most jurisdictions that single fact doubles the charge count elevates the felony tier and eliminates most diversion eligibility the legal exposure is categorically different the moment a child is in the car let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and do not forget to subscribe to our channel for more content on police court interactions