welcome back to the DUI Channel we are in Germantown Wisconsin where on January 12 2020 at 6 14 PM Germantown police responded to Lilac Lane where several passerbys reported a vehicle on the north side of the road in a ditch the officer made contact with the driver still sitting in the vehicle as his investigation begins um can I just I just want to get out yeah that's all I want where were you at before the park I was at the park where were you at before the park I was a legit actually at the park before the park I went home I want I where are you heading to then I came back to the park because I was playing Pokemon go I want you to drink something not much well it's not much like maybe a trick or two of what maybe what class maybe white claws yeah all right so you only had one or two white claws yes you got a driver's license I know yes I actually do like the ones that are in your car right there no yes are those ones you're drinking yeah drinking them at the park no I was drinking them before oh why are they in your car then because I was yeah so who's coming to get you my wife all right and actually a buddy of mine okay do you have any other like beer or anything in here no have you been drinking in the car since you were at all no not since you've been here not since I've been there not since you've been here okay all right well we're gonna keep it that way well we'll have to get you out of here somehow you're gonna need a tow truck because you ain't gonna make it well and to be honest you know I'm I'm trying my best you trying your best yeah what are you trying your best on I'm getting myself out yeah I see that that's pretty steep though and there's like four or five inches of snow so I don't or however much so I don't know if you're gonna make it you're not going to actually that's probably a good thing yeah wouldn't you agree probably easier to do at the Safeway huh yeah I I you kind of want to what I just kind of want to get my my car home all right while waiting for a secondary officer to assist in the investigation the suspect's wife and their neighbor arrived on scene to help recover the vehicle now your wife yes my wife is actually in the van right now oh perfect you don't have a kid in the car do you I do not she has the kids hi I just came because they're neighbors they just asked to help with this car um I think he's gonna need a tow truck I remember you all right Bud yeah I'm fine I'm not drunk I can smell the booze on them there's open into accidents in the car and he and he speaks so badly that he died he has ADHD that doesn't have anything to do with smelling like booze and having open attacks on the car he's got a bunch of them he's drunk I can I'm we're gonna put him through fields and find out but I'm almost positive and seven years doing this he's eight years of doing this he's drunk I'm being honest with you because he told me he took a turn coming out of the park and I'm sure you know the area of the park is way down there if you look where the snow is starting to come off behind that third squad car he just gradually went in for no reason but there's no abrupt Mark in there he just went right into the dish sorry it's probably gonna be what it is yeah so this off she's gonna put him through fields and we'll see where he's at but you can listen to me for yourself that'll give us a few minutes give us a few minutes we'll get them you want to stay warm dude okay yeah I'm obviously stuck in the ditch but it's right off the road yeah I got caught up in driving trying to get home I just uh I was trying to do a raid on Pokemon Gold and okay that Parker up the road on Lilac or whatever and I wanted a parade and hopefully people showed off and well then I left you all then I so you were driving the car huh yeah and my I wanted to go see my son and okay I want you to drink tonight not much okay um I I could already see your eyes are pretty glossy looking possibly even a little bloodshot your voice sounds pretty slurred oh it sounds like you've been consuming some intoxicants tonight okay I swear to God I am not wrong okay we're gonna do we're gonna do some field sobriety exercises and you can prove that to me okay um why don't you hop out of the car for me I actually want my lawyer okay uh that's not something you can have at this time so go ahead and hop out of the car if you're not gonna cooperate if you're not going to cooperate we're gonna get you out of the car and then and then we'll keep going right now you don't you don't get a lawyer though so step out of the car turn the car off I'm seeing what everything that's fine I can't get out so you can do it foreign step up the ditch here yeah I a little slick yeah yeah we know put your arms up make sure you don't have any weapons on you okay yeah I turn around officer I have no weapons on me nothing I might have my vape pen or Vapes on me that's the only really the only other all right you put your arms up you got your idea on your my partner already grabbed it from you you already got it you should have it officers so okay here's my question are you gonna be willing to do a standardized field sobriety exercise or you got to say no I'll do it okay all right go ahead and put your keys in your pocket for me okay your contacts at all I wear glasses okay do you need them to walk um once in a while but not all the time okay I will take that under advisement but you were driving without them so they must not be too bad yeah okay did you get your head all in the crash are you injuring anyway no okay so I'm going to put your arms down on your side yeah together stay just like that all right all right here I'll tell you what come stand over here why don't you finish this car okay now I'll face me okay speed together arm's not your side is up all right so you're gonna see a light kinda yep um I need I need to be able to see your eyes for this all right can you see the tip of my pen right here yes okay what color is this right here black okay touch that with your right index finger please all right put your hand back down very good all right so I want you to follow my follow the tip of my pin with your eyes and your eyes only don't move your head at all only fall out with your eyes okay yep all right don't move your head I'm I'm not I seriously I know I'm I'm really not moving my head okay don't don't move your head all right you gotta you keep you keep moving your head oh sorry you just stop okay ball with your eyes and your eyes only foreign yep I am I am I am legit like she looking fine okay and I'm not moving my my I'm only moving my eyes I swear to God you don't gotta talk right [Applause] all right you can rest your eyes for a moment all right all right kind of Shake It Off yeah all right shoot together arms back down to your side yep all right very well all right we're gonna move the pin up this time okay same drills last time fall with your eyes and your eyes only just my eyes versus my eyes all right take a break for a second all right do you have any problems with your um legs or feet at all are you able to walk I'm I'm fine you're able to take a serious series of small steps to a turning maneuver um I I can walk I can do everything you know just okay I just gotta make sure because it's important you don't have any injuries disabilities I need to take into account I might have like maybe a leg injury but just not well tell me more about this legendary oh um one of my co-workers kind of pushed me into a drum at my job that kind of have like a head injury but I'll just asked you a little bit ago you said you didn't have any head injuries or anything well but my did you forget about it I might have forgotten about it but you know I'm I'm fine you know I can walk okay so you're normally able to walk yeah I'm I normally can maybe it hurt like from being pushed into a drum okay but you know other than that you know I can do fine it I'm sorry I'm keep your hands out of your pockets my hands are in my pockets I know you want to zip your coat up see if you're going up yeah I I just I'll give you I'll give you that now I I'm just really cold and just obviously with the weather and you know you understand probably understand but yep I live in Wisconsin too yeah we all do okay all right can you imagine a straight line out in front of you yep all right place your left foot on that line now place your right foot in front of it touch and Heel To Toe there you go just like that yep like this yep put nope don't start yet you don't even know what we're doing I don't well I've been through this oh this isn't your first rodeo this ain't my first rodeo okay well I still gotta explain it to you regardless all right because I got to make sure that you know what you're doing okay so let's start over again place your left foot on the line place your right foot in front of it one two all right I didn't tell you to start yet but let's take a couple steps back all I want you to do is place your right foot in front of your left foot touching Heel To Toe like this and stand down with your arms on your side and staying like this and watch me while I demonstrate to you okay that's your only job in the world right now okay all right all right go ahead put your get your right foot in front of your left foot touching Heel To Toe one all right you don't need to cut yet I didn't tell you to count just stay this is my mind is okay this is my my mentality of just doing things counting one two and just okay well the counting's coming so just hang on it's gonna it's gonna work out good so just stay like that arm's not your side I want you to I want you to listen to me and watch what I'm doing it's very important that you understand what's what you need to do okay okay hey can you get back in the instructional stance for me please okay so when I tell you to begin you're gonna take a series of nine Heel To Toe steps they are going to look exactly like this one two three on your ninth step you okay hey don't steal my thunder here man I'm just I just know I know I okay on your night on your ninth step you're gonna take a series of small steps around a circle you're gonna take nine more Heel To Toe steps okay one two two three once you've taken your second set nine steps I want you to stop I want you to stay at this I'll tell you to relax okay while you're doing this I want you to touch heal the toe on every single step I want you to count your steps out loud okay is there any reason why you can't or won't do this exercise no okay well go ahead and get back in the instructional stance I see you got out of it yeah fun so you got your right foot in front of your left I mean okay a few breathers and just kind of I just Center yourself yeah kind of Center yourself yeah just kind of okay so there's I so you can begin when you're ready to begin yep all right so one arms to balance two steps defined as a touch your toe three I actually want my wife present here right your wife doesn't need to be present here but I do want her are you refuse are you refusing to do this exercise sir I'm gonna do the exercises I instructed me four five six [Applause] punching some breathers six seven I swear I'm not drunk okay I swear to god let's continue with the exerciser eight eight nine for me my legs actually was starting to hurt right now so try to continue with the exercise I'll take it into account on me we're getting the strength in my life one two okay so make sure you don't fall okay yeah I I get it cool three four five six seven eight what what let's stop okay I need your phone down I need you I don't need your hurting yourself okay why don't you get the strength back in your legs okay the next exercise is gonna require you stand on one leg okay I'm sorry I'm do you want to warm your hands up stick them in your pockets can I check the inside of your pockets to make sure you don't have anything let me yeah don't don't go diving in man all right well I swear to God I don't have a weapon on me I know but if you want to warm your hands up in your pockets I just want to make sure there's nothing small yeah all right we'll step back over here okay and obviously with the weather and just I've been a long time resident of Germantown and Okay so step back step back by the snow right here wherever my flashlight is okay right there well you can face me yeah okay I swear I did not mean for this to happen I'm sure it wasn't intentional yeah I I was trying to go just go parking Mining and just obviously I might have been going maybe a little fast but I didn't mean for this for me to end up in the ditch well of course you don't know obviously and I'm not drunk I'm not I'm I'm behind the school home with my son and my wife and my okay aren't we all so all right so we're gonna start the next exercise all right um get your phone on you for a stopwatch all right so I'm gonna explain this exercise to you it's very important you listen it's very important you watching that you understand okay um if you have any questions at the end I'll answer them for you okay so I want you to start with your feet together arms down your side very good I'll just stay like that we'll explain it to you it's not too hard right no okay good obviously not all right so when I tell you to begin you're gonna take a foot of your choosing and I want you to raise it six inches off the ground it'll look like this no you can see as my foot is raised off the ground it is parallel with the ground it's about six inches off the ground about the height of a soda can okay so once you raise your foot I want you to start counting out loud while you're watching your foot 1001 1002 1003 and so on while you're doing this I want you to look at your foot I want you to count out loud and I want and I want you to keep your arms down at your side put your foot down raise it back up continue the exercise okay now it's a foot of your choosing so which what would you like to raise I'm trying to think now I'm trying to regain strengthen both my feet right now okay is that all okay with you how much time do you feel you need to regain the strength in your legs maybe a like a little bit more but what's a little more because we're not going to be out here all night no obviously not if you need 30 seconds or a minute to just kind of let me get a couple deep breaths I I do vape I'm sorry well I'm starting to suspect that you're maybe stalling the exercises so that's why I'm beginning to question what you need I can do it right now you can do it right now yes okay what foot would you like to raise my right foot your right foot my left foot is a little bit more okay has a little bit more strength in it okay so um all right when you're ready to begin the exercise do you move again all right one one thousand two one thousand three [Applause] two one thousand three one thousand four one thousand five one thousand six one time right you can stop all right so last thing we do is I'm going to actually submit the preliminary breath test a little little machine you're blowing okay okay all right is that something you're gonna be willing to do no all right at this time go ahead and turn around place your hands behind your back you're in a restaurant bring more vehicle intoxicated you do not need a lawyer answer 739 dispatch 742 is 95. Amanda Amanda fight them excuse me sir I don't I don't think that's very advantageous no can I talk to my wife no we're gonna go to my car no I wanna I wanna I start moving my supervisor will talk to your wife we'll let her know what's going on right now though you've got some business to clear up with us I wanna talk to my wife stand right up against here there you go you can lean against the car if you need to I'm gonna take my hands off here these bags are on the other side hang on well you shouldn't have gotten drunk and getting gone in the ditch I was trying not to get drunk okay I'll be all right you trying to do my best you know I worked 40 plus hours a week I do everything for my family I do everything for my wife and son I do everything I hear you you know don't say you're a bad guy no I you know I've I've done everything to support everything and you know and I and I get no credit to my my wife gives me nothing oh come on you just wanted her a minute ago well yeah but you know let's let's not talk bad about you right now I sure she's a nice lady she is you know I just I don't want everything in my life but you know well here's the plus side you're gonna get released tonight as long as you behave yourself so I and I'm trying to well you can't tell your wife to fight the cops that's not no and you know honestly I give you guys all credit you know I appreciate it and you know obviously congrats on Peter Hall on his retired retirement you know I you know I give him credit for being for Germantown in Germantown for three plus years you know I I grew up in Germantown so you know I I know Germantown like it's the back of my hand but I just I don't know well I don't what can I do yeah I mean yeah these kind of things happen it's not the end of the world no you're gonna get out tonight yeah and you're gonna deal with it right yeah so there you go and you got you got a court the only thing is but there's this isn't lawyer time lawyer time is for after you get released okay okay and so like I said you know I want we just want to make this process as easy as possible and we want to make sure you get all you get home to your kids and wife okay yeah and I'm trying to give you guys everything yep and you know I'm real careful here okay gotcha I got you give me a gumball sit right back a little to your right okay push yourself up here there you go sorry I have a bad knee and everything yeah me too I just hope you guys understand that dude I'm not a bad person I know I'm not a senior we just let's work through this we'll get it behind us and we'll go on about our day yeah all right and give me just a minute I gotta get something to read you okay so I need to read this to you can you hear me fine yes okay I can hear you perfectly fine can you understand sand me yes okay that part cold but I'm cold too I'll get these I'll get the heat pumping though in a little bit Yeah so under Wisconsin's implied consent law I'm required to read this notice to you okay you have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs or both or you are the operator of a vehicle that was involved in an accident that caused the death of great bodily harm to or substantial bodily harm to a person or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage okay this law enforcement agency now wants to test one or more samples of your breath blood or urine to determine the concentration of alcohol or drugs in your system okay if any Test shows more alcohol in your system the law permits while driving your operating privilege will be suspended if you refuse to take any tests of this agency request your operating privilege will be revoked and you will be subject to other penalties the test results or the fact that your refuse testing can be used against you in court if you take the requested test you may choose to take further tests you may take the alternative test of this law enforcement agency provides free of charge you also may have a test conducted by a qualified person of your choice at your expense you however will have to make your own arrangements for that test okay you have if you have a commercial driver's license or operating a commercial motor vehicle other consequences may result from positive test results or from refusing testing such as being placed out of service or disqualified in addition your operating privileges will also be suspended if a detectable amount of a restricted controlled substance is is in your blood will you submit to an inventory chemical test of your breath okay no I'm asking you a question will you submit to an evidentiary chemical test of your breath I do not okay what's going to happen now is I'm going to get a search warrant and we're going to get it we're going to get your blood okay after the suspect refused to submit to an evidentiary chemical test of his breath the officer began securing his forms in his vehicle and relayed the information to dispatch 742 dispatch foreign I do 742 dispatch if you could document a refusal at this time I do well the problem is is you've already said no so hang on hey huge I want my lawyer present hey sorry I can't get out of my portable it's dying I want my lawyer perfect I want my lawyer present and if you guys cannot respect that I will sue the the city because they aren't like a and honestly I will sue this company to Germantown I and I'm being serious too all right so originally he said no then you said I want to change my mind say yes now he's back saying he's gonna sue us I'm gonna get the search warrant because he's back and forth but his original answer was no yeah he's gonna keep doing this back and forth and I'm not gonna play it again all right yeah we're Towing your car okay they they hurt yeah man these these fit fine okay see if they hurt to me well they're not made for comfort do you want me to loosen them one notch for you I will lose would you I would you please if you can abstain from using vulgar language yeah be respectful sure I'll I'll try you know turn and turn to your left yeah and I'm I'm trying to be in honestly you're gonna have to step up here can you turn around I'm just trying to like use you as sustainability and okay step up a little more you're right on the cusp of the shoulder there you go see you no we're not at a lawyer Point yet but I do want my wife okay so we're gonna get a search warrant and we're gonna take your blood you do not you did not get a lawyer for that that's not something you get a lawyer for right what we're gonna do is we're gonna fill out the paperwork we're gonna contact the judge we'll tell him everything in regards to this and he will make the decision on if officers have enough to get a search warrant if he says yes your blood will be your blood will be taken okay I just can I face you got back in the car okay all right just put your put your leg in first there you go yeah help me please you guys and you guys do a lot for this this town following the arrest the officers were granted a search warrant for a blood sample and transported the suspect Matthew to the freighter Menominee Falls hospital the results from the two blood samples obtained yielded a blood alcohol concentration of 0.138 grams per 100 milliliter in court the defendant was charged with operating with prohibited alcohol concentration second offense and operating while intoxicated second offense or OWI on February 19 2020 38 days after the arrest Matthew pled guilty to the OWI charge in exchange for dismissing the first charge He was ordered to pay a total of 1588 this amount has been paid in full Matthew was sentenced to 15 days in jail and ignition interlock device for 16 months a licensed revocation for 16 months and ordered to complete an alcohol assessment