welcome back folks to the DUI Channel we are in Grand Forks North Dakota where on January 23 2020 at 1 27 a.m University of North Dakota Police observed a vehicle pulling out of an apartment complex in front of their patrol car the driver was observed swerving in their Lane crossing over the center line and turning in an intersection in Lanes designated for vehicles traveling straight after nearly colliding with a fully loaded dump truck at the next intersection the officer pulled over the vehicle and begins his investigation another unit please thank you hello hey how you doing not too bad hey you got your driver's license registration insurance cards with the police God oh I couldn't I was trying to make a play or please stop and Skip sliding I'll try to turn it right I've been driving around on them all night are your tires bald or something yeah a little bit I just got the back to replace but these front two are so bad okay you still haven't yeah you do is this a on okay what okay no you almost uh met the front end to one of those dump trucks I got so did I stop I was trying to pump my brakes and you know when you come to a stop and keep sliding well I know you weren't pumping your brakes because your brake lights are on solid so I know you weren't pumping them can I see that insurance card that's sitting right there please it just sucks when you come down I was trying to trump it but cool can I see that insurance card that's sitting right there please this one is it's on your phone is it your car yes okay okay all right where you guys coming from this evening from your apartment is that right over here on 42nd all right where are you headed to now [Music] after her apartment which is a different place okay Okay the reason I stopped you is because well that was I had already made up my mind to stop you before you even almost slid through the red light uh since you pulled out to the apartments there on 42nd Street uh you've been over the road constantly you turned out wide you came back in you've been weaving back and forth the entire way and then you're almost around the red light here and you turned right from the straight Lane anyway um I smell some alcohol in the car how much you had to drink tonight you haven't had anything is that [Music] well with your driving behavior and the smell I got to make sure you're okay to drive uh have you step out of the car please right and just go ahead and stand up against the front of my car here got any weapons on you okay I'll be step in front of his car you just keep that in your pocket you can just leave me your pocket for now just hang out on my push bumper I gotta run him real quick doesn't mind if I pat you down quick yeah just trying to spin around here pretends the book or the push pop right here you just put your hands through here let's go you got a good driver's license and all that all right essential 260 North Dakota 27 29 by the number somebody scared as hell right now all right so you mind taking a cup you do want to keep an eye on the car do you mind taking a couple tests for me to make sure your kid will be driving this evening all right why don't you stand right here and then just like this okay now I can see here better all right you usually wear any glasses contacts anything like that no what about any uh medical so you've gotten any ongoing medical issues okay how long ago was that a year ago okay you can can you see me fine yeah you can talk you can talk about and I can hear that things like that does it cause any lasting issues no what was it from all right guys the dirt bike accidents we got the dirt bike accidentally hit a car oh okay oh that sucks wait have you made like a full recovery basically or pretty much golf team here so I'm like okay okay but it doesn't cause anything normally funky day-to-day life or anything okay okay use it you go to school you just said all right I'll have you sand with your feet together like this and your arms outside and don't move like that until I tell you otherwise okay all right can you see my pen right here yeah I'm gonna wait for this truck to go by before I tell you anything else let me dim out a little bit more there we go oh just turning down the lights a little bit more I have you tuck your chin in a little bit can you turn your hat around backwards let's make it tough you're just taller than me so I'm having you to talk to your chin in a little bit and then focus on this all right what I'm going to do is I'm going to be moving this I want you to follow this tip of the pen where my finger is with your eyes and your eyes only while keeping your head perfectly still but anytime you lose sight of the pen if it goes too far out of your vision keep looking where you last saw it wait for it to come back into your vision and just continue following it I feel okay you got a sweatshirt on all right you can relax a little bit all right next thing I'm going to have to do is stand to in front of my car and look at me here all right so gonna have you imagine some things here can you picture in your head there's a line from your feet that goes straight out towards your car you can kind of picture your line like that in your head okay you can what I have you do is just follow my instructions as I tell you don't work ahead or anything take your left foot and place it on that line now take your right foot place it Heel To Toe in front of your left stay like that with your arms at your side and territory to move you understand that I have to ask you do you understand that you do okay when I do tell you to start what I'm gonna have you do is take nine Heel To Toe steps down this imaginary line turn in a manner I'm going to demonstrate for you here and then take nine Heel To Toe steps back down the line so it's going to look like this one two three all the way out to nine turn by keeping your front foot planted take a series of small steps around like this and then come back down the line one two three all the way out to nine there's only a few rules while doing this just like I did I need you to count your steps out loud need you to keep your arms down at your side and I need you to watch your feet while you're walking nine turn nine yep Ready ready you have any questions at all you understand all that then right go ahead and start one three don't get your feet four five six seven eight okay then just one last thing and I'll get you out of the cold okay really my ears aren't even cold it's cold but true okay well I don't see you're shivering heavily or anything yet so I'm gonna just finish this quick so while I'm giving you instructions again just stand with your feet together and your arms at your side you can leave them in your pocket for now until we start um don't lose some that when I tell you to start I'm gonna have you pick one of your feet does not matter which one it's up to you but pick one of your feet raise that foot approximately six inches off the ground like I'm doing right here with your foot level with the ground like this then just keep your arms at your side look at your foot count out loud one thousand one one thousand two one thousand three and just keep counting up like that until I retire to stop if at any time you put your foot down during the test go ahead and pick it right back up and continue where you left off right do you have any questions about that do you understand that all right so go ahead and start Gotta Keep Your Arms outside excited okay you can stop I'll tell you what I gotta ask you a couple more questions I'm going to get you out of the cold I'm gonna have you sit in the back of my car while I do that okay because I'm gonna get into so I can ask you more questions so go ahead and walk towards that officer right behind you come on man we're talking about it in the car all right and you already checked just you can hop in I'm gonna open the door in a sec there's nothing you want to light me all right man so since I did smell some alcohol and I did see a couple signs of impairment on the test I'm going to be honest with you I do got to read you this and I can still smell some alcohol coming from you actually even when you're separated from the car this is called North Dakota implied consent I'm going to read it to you in full and then I'm going to ask you some questions at the end okay one thing to keep in mind during this though it's going to be say talking about the officer and the individual you are the individual I am the officer okay right so this says the officer shall inform the individual that North Dakota law requires the individual to take the screening test to determine whether the individual is under the influence of alcohol and that refusal of the individual to submit to a screening test may result in a revocation for at least 180 days and up to three years of that individual's driving privileges do you understand what I just read you yeah I just need a verbal yes or no you do okay what I'm asking for is a breath sample breath test right here right now you're consent to taking that test you do okay have you ever taken one before no they didn't make you do it in high school or anything for like dances or anything like that no hey man you haven't had anything in your mouth since I've been with you have you can you open your mouth please what's in your tongue over here spit out that penny yeah that's uh we're gonna wait three minutes before doing it but I'll tell you right now that is a myth that is a complete myth that pennies will mess up with PBT I have seen it I have heard it it is a myth I know you've been trying to mess with it but now we got to wait three minutes until we can do it so go ahead and open your mouth okay please best on the team is I'm just trying to go home I was living going home locked up I know you know my place I really helped a lot of people before just please help me well I'm not saying anything right now I'm just saying we got to do this test my whole life right here right no I understand what are you gonna do hey what are you going to school for man business management oh please don't break my life please my whole life right here please dude you almost got T-boned by a truck I know that's why I stopped I seen it I stopped that's why I stopped yeah please don't ruin my life please I worked my whole life my whole entire life my whole entire life day in and out I was working my whole life okay so we gotta go off we gotta do the screening test and I'll talk to you more about that stuff because I worked my whole life either it's the first night I ever did something wrong I was just trying to go home but I literally told my friends like I gotta go home please none of them want to drive me home please don't do me wrong I wanted I literally hurt so hard my whole life I never even belong here and on this golf team I work my ass off to get there and I finally got my point proof and I'm finally here please don't do this to me please let me work so hard my whole life what is your address in town since you go to school here yeah what is it is that an apartment yes what not please don't do it please that works don't judge me just give us a minute here we'll lose everything to this one night what's your phone number my cell phone number yeah yeah do you know you're social by heart oh yeah one more minute that's only been two one more minute and then we're talk we gotta finish that screening test first okay so how long have you known those friends uh for about a year about a year now they're from the same town as me okay but I was I was dating a girl for about two years Okay so here we'll meet that girl broke up I just kind of got pregnant oh okay so you just kept you just kept the friends after that happened makes sense and that is the front seat passenger's car not your car okay he's just letting you use it he wanted me to I don't know why I don't know why he he told me drive home I was like okay okay I thought it was okay enough but I'll see him now I worked so far my whole life I worked so hard to get to where I'm at and I'm gonna lose it all if I do with that tonight why would you lose it all if I get in trouble with the cops then there's my coach just got me from the team and I work so hard my whole life together I've literally had nothing I had nothing to get to where I'm at okay so well let's see what this says okay it's been three minutes so we'll do this now just don't try to mess with it again like you just tried with a penny okay I'll be honest with you I've never seen anybody actually try the penny thing before that is a new one scared that's why you want to like me all right so what I'm gonna have you do is wrap your lips around this tube make a nice airtight seal and blow strong into here until I tell you to stop okay it's a deep breath in and blow hard ER harder harder go go go go go go go go go go go okay good and it's just got to think like any other computer and I'll let you know what it says you're over 21 Low correct yeah okay you see what that says 0.185 yep do you know what the dot limit is for driving in the state of North Dakota is it's a .08 so you're over double the limit right now to drive no no we're past that you were a danger to yourself on the road the way you were driving also so I'll tell you what I am going to be placing you under arrest for driving Under the Influence okay you are under arrest for DUI right now okay okay since you are under arrest I am going to let you know what your rights are before I continue you do have the right to remain silent anything you say Canon will be used against you in a quarter law you have the right to talk to your lawyer and have one present with you while you're being questioned and if you cannot afford to hire a lawyer one would be appointed to represent you before any questioning if you wish do you understand your rights following the arrest the suspect Jackson was brought to the station where he submitted a breath alcohol test which yielded 0.182 percent he was then sent to the Grand Forks County Correctional Center for confinement Jackson was charged with driving Under the Influence or DUI which was reduced to reckless driving he was fined 150 dollars for the offense which totaled 400 including all the fees associated with the incident the amount was Paid in Full the defendant was sentenced to zero days in jail 360 days of unsupervised probation and 50 hours of community service while the defendant's driving privileges were not affected by the sentencing eight points were assessed on his driver's license in North Dakota the most amount of points a driver can have on their license is 12.