We're trying to catch up to echo north. We're ready to get off second. Texas plate Tom Paul 484. I think they're finally going to stop here at 122nd off of Broadway. >> Your call has been updated. [music] >> Yeah, just for a second. Yes, ma'am. Go ahead and get on out of the car. >> Make sure it's in park. >> Put in park. >> [music] >> Is it too difficult to put it in park? >> No, it's >> Where are you coming from? >> I'm do >> What? >> I'm do dashing. >> You're door dashing? How are you possibly door dashing? How much have you had to drink? The reason that I'm trying to stop you is because I locked you in at 116 m an hour. You have no rear lights. You about ran into two or three people. Put the car in park. My art. I do not know why it's not ending in part. I'm sorry. I want to put in park. It won't It won't let me put >> Is this your car? >> This is my car. I'm so frustrated right now. >> Okay. Well, crying ain't going to do any good. So, >> I know. I know. >> Let's go ahead and let's figure out. >> It's my in-law's car. It's my in-law's car. I'm trying to put it in park. Pull your parking brake. >> It will let me put it in park. >> I'm so sorry. >> All right. >> Does it Does it have a key? Is it have I'm going to turn it off. >> Parking. Yes. >> All right. Let's go ahead and get on out of the car. It's turned off. >> Lay your foot off the brake. See what it does. No. Put it on. Put it on. Put it on. >> Oh my gosh. It's our in-laws car. I'm so sorry. >> Just leave your foot on the brake for now. >> I'm trying to leave. It won't let me put my car into it. I can't put like I can't put it in position. I'm just >> Let me see your license. >> How much have you had to drink tonight? >> I had one glass of wine with my friend's girlfriend. I had one glass of wine with my girlfriend who is a single mom and I'm newly to a single mom. Like I'm not drunk. I'm just >> So, why are you doing 116 miles an hour? >> I'm trying to get the Uber to my order correctly. I'm sorry. I'm so new to this. I'm just trying to get the best tip that I can. I'm sorry. On March 4th, 2025, an Oklahoma officer stopped a 24year-old mother of four traveling at 116 mph with a BAC of 0.23, nearly three times the legal limit. The stop is constitutionally airtight. 116 mph alone establishes probable cause under 470 OS section 11-801 satisfying the fourth amendment standard set in Delaware versus Prrowse 1979. >> All right. Well, I got some people here that's going to help me. Hey, so we can't She can't figure out how to get in park and she can't let her foot off the brake. >> I can. Hi. >> Hello. I'm trying to get to my >> Yeah, but as soon as she let it off, it's going to roll. >> Um, >> yeah. Okay, got you. >> Perfect. >> Um, I'm trying to get >> All right, come on out of the car. Wait a f out of the car. >> Yeah. >> Okay. >> 116 mph. Ooh. In the Kia. In the car. >> Come on down here. We're going to go right over here. >> We're going to go to that sidewalk right there. >> Right over. >> Come on. Come right over here. and you stand right here for me. Okay. I want you to put your feet together, heel to heel, toe to toe, just like this. Just like I am. See how I'm standing? Okay. Put your feet just like my feet are. No. No. See how I'm standing? Just like this. Okay. We're gonna call that good. Just stay right there. Okay. Can you see the tip of my pin right here? Over here is the pin, not the flashlight. Don't look at the flashlight. The pin. Do you see it? The top. The silver part right here. You see it? All right. I want you to follow it with your eyes only. Don't move your head. Okay? You understand? All right. Don't move your head. Okay? Don't move your head all the way. See the silver part? You got to keep looking at the silver part. Okay. >> Mhm. >> Keep looking at the silver part. >> Nope. Keep looking at the silver. Right up here. Don't look down here. >> I got you. I got you. Right here. >> Don't move your head. >> I got you. >> Straighten your head up. See the silver part? >> I'm trying. >> Watch the silver part. Not down here. Up here. >> Over here. >> I can see where you're looking. Okay. >> You ready? >> I'm I'm so looking. Girl, man. I got to get home to my kids. >> Okay. >> I'm looking home. >> Okay. >> I'm looking home. >> Quit moving your head. >> No. Well, I'm not. >> Ready? >> I'm moving home. >> You got to move. You got to walk. You said don't move. >> Don't move your head. >> I'm not moving. >> Watch me with your eyes. >> I'm locked in. >> All right. You ready? >> I'm here. I'm ready. >> Don't move your head. Eyes only. Don't move your head. >> Don't move your head. >> That's not really funny. Okay. So, >> I know >> what we want to do. >> I'm sorry. You're watch with your eyes only. >> Okay. >> All right. Here we go. >> Don't move your head. >> I'm looking at you. >> Ready? Follow up with your eyes open. >> I got you. >> I don't around with kids. >> Okay, you Okay, listen to what I'm telling you. Okay, >> I understand. >> I want you to look at the tip of my pen. I want you to follow the tip of my pen with your eyes only. Don't move your head. Do you understand that? >> Yes, sir. Okay, let's try it again. >> Okay, you're moving your head. Keep your head straight. >> I'm moving my eyes only. I'm moving my eyes only. >> Keep your head straight. I'm moving my eyes versus >> I do Uber Eat orders. >> I don't really care what you're doing. I want you to pay attention to what you're what we're doing right now. >> Yeah, I I have you >> look up here. Not at the bottom. >> Yes, sir. >> I had a single mom. >> Okay, stop talking. >> Watch up here. >> I'm watching Okay, you got to keep your head straight. >> No, I just wanted to tell you I don't know if you police police officers Okay, >> bring different direction. All right, here's what I want you to do. I want you to come right here for me. Come stand right there. Right there where my lights at. Look down. Look down. See where my lights at? Back there. I want you to go stand back there. Let's make that happen. Can you simply go stand right there? You're still not there. >> I'm so nice. I'm sorry. I hope you >> I don't like it when you're going to kill somebody on the road. >> Wait. >> Okay. Stand right there. >> Okay. >> All right. >> Here's what I want you to do. All right. What I want you to do is I want you to pitch your feet to I want you to pretend like there's an imaginary line coming out of your left foot. >> Are you paying attention? You're not paying attention. >> This is important. You're not paying attention. >> Why did he think I'm just afraid afraid of that? >> Are you going to listen? You need to listen. >> All right. Pretend like there's an imaginary line coming out of your left foot. Okay. I want you to leave your left foot on that line and put your right foot in front of your left foot, heel to toe, just like I'm standing. Can you do that? Look at his feet. >> Don't go anywhere. Just go back and stand there. Go stand back there where you were. I'm sorry. >> Go back here. Go back there. >> Okay. Go back over here where my lights at. So, can you stand there? Okay. Go back to this position just like I'm standing. No. No. Not even close. Go. Stand right there where my lights at. Can you stand right where my lights at? Can you see the light? Stand right there. I want you to put Okay, I'll I'll work with that. What? What are we doing? No. I'm Where where are you coming from? >> I'm kicking my ass. >> Okay. How much have you had to drink? >> I had a glass and a half of wine. >> A glass and a half of wine. Okay. How long ago was that? >> 30 minutes ago. >> 30 minutes ago. All right. Okay. Well, you can't do any of these tests. So, right now it is it's actually 1:00 right now and you're under arrest for driving under the influence of alcohol. Okay, let's go ahead and turn around. Field sobriety tests are physical evidence, not testimony. So, the fifth amendment does not apply per Pennsylvania versus Munis 1990. The HGN and walk and turn were administered per NHTSA protocol. Pre-arrest roadside questioning is fully permissible under Burkimer versus McCarti 1984. A traffic stop is not custodial, meaning Miranda is not required and her admissions are admissible. However, once handcuffed, she was in formal custody. The officer continued asking investigative questions without Miranda advisement. Under Miranda versus Arizona, 1966 post arrest interrogation requires prior warnings. Statements made after that point carry suppression risk. >> There you go. >> I'm trying to be as honest with you. Honest. >> Yeah, I'm going to be honest with you. I'm going to take him and we're going to do some stuff in the Huh? >> Yep. You're lucky you didn't kill somebody. >> That's okay. >> No, it's not okay. >> Let's go down here. It's not [clears throat] yours, Eric. Next one. >> Yours over. >> Oh, sorry. They look the same. >> That's why you're in this job, isn't it? >> Huh? >> That's why you're in this job, isn't it? >> Actually, I have a degree in >> psychiatry. Uh, actually in social science. Yes. >> Would you mind sitting in the front seat? >> No. Have a seat. >> Please >> have a seat. >> I'm 24 years old. >> I don't care how old you are. Scoot. >> Please talk to me. >> Well, I'm getting ready to talk to you as soon as I get in. >> Somebody talk to me. >> Okay. >> Hey. >> Yep. >> I'm really >> You did what? There's no apology that could this. >> We're looking too. It sounds like you hit another car, too. >> You remember hitting another car? >> No, sir. >> All right. So, I'm going to read you some stuff here real quick. Okay. >> Yes, sir. Ouch. >> All right. This is you have been arrested and are requested to submit to a test or test to determine the presence and or concentration of intoxicants in your body. The test will be a breath test. If a blood test is performed, it will be done by approved medical personnel under Oklahoma law. >> Yes. >> Once you complete the state's test, you may have an additional test at your own expense. You are not entitled to consult with an attorney prior to making your decision whether to submit to the state's test. You may refuse the state's test, but as a consequence, your driving privileges will be revoked or denied. If you are 21 years of age or older and the test result is 0.08 or more alcohol concentration, your driving privileges will be revoked or denied. >> All right, let >> Will you take the states test? >> I got Yes, I have to take I have to take the state's test. I will go through anything you have to put me through. with like can you please tell me what my um charges with? >> Uh right now it's um DUI speeding. Uh right now I think that's all. >> Okay. >> Where were you coming from? my friend Michaela's house. Um, she's the new mom. She's a um I don't know if you know it's like, but like stable mom kind of stuff. We're just been by our mom like by our mom's kind of self. I mean, I went to go see her. The implied consent advisory was read in full before the intoxilizer satisfying the mandatory requirement of 47os section 754. Skipping this step would have made the BAC results inadmissible. Results 0.23 and 0.24. Oklahoma's legal limit is 0.08 under section 11-902A. The aggravated DUI threshold is 0.15 under section 11-902C. She cleared it by 53%. Aggravated DU. I carries mandatory jail time fines up to $2,500 and a required ignition interlock device. The officer's informal comment about not pursuing aggravated charges is not binding. Charging decisions belong to the prosecutor. A possible collision with another vehicle was mentioned on camera. If confirmed reckless driving under 21, section 701.8 could be added, and prior DUI within 10 years elevates the charge to a felony. >> And um I do live with my baby daddy, whatever you want to call him, and he helps me with gas money and um daycare money. I don't know if he want like all the information, but >> I was just trying to figure out where you were coming from. Like were you in Oklahoma City? >> Yeah. Yeah. Like Oklahoma City. I honestly asked about g like asking about a security escort just because because I thought it was so important. Um, if that's ever possible, please please let me know. And please let me out of these handcuffs because [sighs and gasps] it's okay. It's okay. It's okay. It's okay. [sighs and gasps] It's okay. It's okay. It's okay. It's okay. It's okay. Fine. It's okay. Fine. I just really want to make sure they get this delivery. Please make sure that I get this food order. Um, okay. Would it be crazy for me to ask you to drive me home? >> Yeah, definitely would be crazy. >> I know it would be crazy. And I know you're not an Uber driver, but please, please, could you drive me home? I know that's not your job. I know it's not your job, but listen, I got four girls to get home, too. And this is what you're here for. Okay. Please. Will you please leave me home safely? >> Okay. >> Hey, I do want you know that. >> Come on up this way. Watch that curb. There you go. >> I'm so safe. I'm so >> I get it, but I can't do that. That's our policy is is you have to be in >> and I got to follow the rules. >> I know. >> How far do we have to go >> inside this building here? >> I got to pee. >> Well, that'll be a while. >> Come on. Come on. Come on. Come on. Come on. You got to go. Let's We're going to go. >> Hang on. >> Come on. >> No. If you want to go Don't pull on the door. >> Just go to the right. Go right here. There you go. >> Okay. I need you to do me a favor. Open your mouth. Okay. All right. Have a seat right here for me. bad. This looks so bad. [sighs and gasps] I'm just trying to be a doctor or two for my [ __ ] family. I'm so sorry. Whenever we take this test, have you ever blown up a balloon before? You know how hard it's kind of hard to blow, right? Does that make sense? That's the way this is, okay? You're going to have to blow for a long time. And I'm going to tell you, I'll coach you through it. Okay? So, you got to whenever I tell you to start, you're just going to put your mouth on it and you're just going to start blowing. You got to blow fairly hard and just keep blowing until I tell you to stop. Okay? >> You ready? >> Nope. Not yet. We still got another minute, minute, and 20 seconds. >> Okay. I'm ready whenever you are. >> Okay. Ready? >> Yes. >> Take a big giant breath and just keep going till you stop. Keep going. [music] Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. You're almost there. You almost got it. Good job. That's good. >> Hey, if I'm if I'm not Please don't arrest me. I'm just here. If I'm not Please just keep me here. Please >> We got to wait 2 minutes. We'll blow one more time and then after that, I'll take you out of the handcuffs and I'll let you go to the bathroom. Okay. >> All right. You ready? >> Yep. >> All right. One more time just like you did while ready, set, go. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep [music] going. Keep going. You almost got it. Keep going. Keep going. Keep going. Good job. Good job. All right. Okay. So, here's the results of the test. Okay. So, this right here, this is the first breath that you did. Okay. Uh the first breath was 0.23. Okay. The second breath was a 0.24. The way that the this works, it will give you the lower of those two numbers. So the result is a 0.23. Okay, that's almost three times the legal limit. >> The officer receives a B+ valid stop, full implied consent compliance, proper FST administration, consistent deescalation with zero use of force, deducted for continued post arrest questioning without Miranda. The subject receives a C+ 116 mph at 0.23BAC created extreme public danger. Credit for full compliance and consenting to the breath test. The legally correct call since refusal triggers automatic license revocation and is admissible as consciousness of guilt. Key takeaways. Field sobriety tests are voluntary in most states. You can decline. Post-arrest chemical tests are not refusal. Carries automatic penalties under implied consent law. Once handcuffed, invoke the fifth and sixth amendments. Say nothing, ask for a lawyer. Every statement made after formal arrest can be used against you in court. For officers, Miranda is not a formality. Skipping it after formal custody puts valid evidence at unnecessary risk. Read it every time. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching. >> Okay, so yeah, um it's actually an aggravated DUI. >> Um so, but I probably won't do that, honestly. Um >> can you please explain this to me better because I don't even understand how this is not a one, but yet this is an aggravated DUI. So, >> so anything over.15 is aggravated. >> I'm 24 years old. I do not understand this. I'm so sorry. >> Yeah. Well, >> I am trying. No, basically what I It's not an ignorance of the law. >> Um I understand that my finances >> contribute deliberately. Holy. [snorts] >> Okay. Go ahead and stand up. >> I was supposed to make more off DUI than um >> Okay, I got to put these back on you so we can go outside. I thought I was supposed to make a lot. Not even What's it called? Door Dash. >> Mhm. I don't know. >> What's it called, dude? >> I think that's what you said you was Door Dashing. >> That's supposed to be what you're doing. >> Okay, let's head on back. Huh? >> I said if I was a gymnast, that would be my my calling, but I am not. >> Okay. >> Okay. Let's go back out this way. >> I'm not a gymnast. I can't believe this is happening to me. I have so many trauma things that that have happened. >> It could have been a lot worse cuz Yeah, I think you were getting ready to wreck. >> You know what? >> Careful. Just don't go down there. >> I got you. What about >> Can you please Soon as we get across the street, we'll take them. Well, they'll take them all. >> Come on. Come on. Come on. Come on. Come on. Okay. >> Come on. Let's go. >> Uh, sit over here so I can actually hear you. >> I'm not trying to get out these handcuffs. Come on. >> I can't hear you over here. >> I don't want to be over here. Come on. Please. Please. >> Hey, wait. I'm the only one in here. >> Can you Can you please untie me? >> Girl, man. Sure. I mean, not man. I mean girl. No. [ __ ] [ __ ] >> A few moments later. [laughter] >> Come on. [crying] You can't ever get out if you can't get in here. Come on, let's go. [panting] >> Where are you going? Come on. Let's go. Come on. Dash because you're trying to find me Door Dash. [sighs] You're trying to find me Door Dash and then you end up in handcuffs because you're trying to make a family for your kids. I'm so irritated. I'm so irritated. Forgive me. [sighs] So irritated.