welcome back folks to the DUI Channel we are in Iowa City Iowa where on January 1st 2020 at 207 a.m an Iowa City police officer observed a vehicle sitting at a traffic light for more than one cycle in the next intersection the vehicle stopped beyond the line and into a crosswalk the officer pulled over the vehicle at Casey's General Store on North Dubuque Street and approached the driver as his investigation begins how you doing tonight I'm good how are you I'm good I'll see the police department the reason I'm pulling you over is what's going on with that light back there I'll stop I had a light change several times over and you never moved and then when you came to the intersection at Iowa and Dubuque you did the same thing you went over over the crosswalk and okay where are you coming from tonight uh Eden Eden yeah it's pretty busy in there okay okay that's where you headed now oh where's home at for you North Liberty you wanna see if I can get it for you yeah you have the registration Insurance yep yep it's on my phone okay how about the registration you got that yeah that's on my phone the registration is a piece of paper that's not usually on your phone no she took a picture of it okay how much we had to drink tonight not much not much nope okay how much would you say is not much how much would you say is not much just one drink okay and that was at Eden it's in here hold on okay registration hold on a minute did we go registered to you huh did the vehicle registered you okay everyone here's that back for you thanks okay tell you what um right now let's not worry about that real quick I'm gonna have you step out of the vehicle they'll give you a few tests make sure you're okay to drive okay yeah I'm fine okay let's just make sure yep I believe you I have my ugh and on my phone okay thanks okay remember you step right over here call me real quick okay you want to set that stuff on your car we don't need it for right now okay let me step right over here so we're just kind of away from your car a little bit okay so you said you only had the one drink yep okay about how long ago was that I don't know 12. Maybe not maybe midnight okay all right so are you wearing contacts no okay any reason any reset head injuries that you need to go see a doctor for okay so for the first test we could just put your feet together for me yeah orange down to your side yeah okay I'm gonna have you follow tip my finger through eyes only had perfectly straight with me okay so I took my finger right there at the very tip yeah okay all that with your eyes only don't move your head okay if you don't move your head okay Mitchell do you wanna go check our hackling squad over there tell them to keep quiet you go tell those guys to keep quiet if they would not mind do you guys just be a little bit more quieter okay we don't want to like make her mess up on this or anything like that so all right thank you okay so I'll go and follow it up same fashion okay this last part of the test okay okay one more time for me all right you can go and relax I have a few more tests for you okay and first of all I see you're wearing some boots with some heels on it yeah um it's up to you we can go inside if you want to take those off to if you feel like you get better than yeah you want to keep them on yeah okay do you want to do the test out here or do you want to go inside what's a little warmer I was actually going to get some muchos okay fair enough but I know but uh like I said I have a few more tests for you okay so do you want to do them out here do you want to go inside where it's a little warmer okay hang on one second what's the substance let me lock my door okay let me get my keys uh I'll grab them all right yeah you can grab your phone my kids buy me my wallet yeah well I'll just carry this inside how about that that's fine okay thanks yep well hold on uh you're not gonna hold on to it while I do the test so I'll just set it down when we get inside there and then that's fine okay is your car locked in it'll lock when I walk away you got her phone and everything yeah okay yep I just want to make sure he had your property all right we're gonna go in here and just go to the right okay okay so what we're gonna do is just come right over here okay get a little bit of privacy all right so what I'm going to do is real quick before we begin do you have any problems with your back hips legs knees or ankles no okay and you're comfortable in your shoes actually I'm gonna finish with my back but okay if it doesn't affect your walking or anything though okay and you said you want to leave your shoes on for this test is that correct okay I just want to make sure all right so for the first test what I want you to do is go ahead and put your left foot on top of that line for me okay right here right on top of the line so see this line right here this line right here the one coming right for me to you this one right here so put your left foot on top of that line okay go and put your right foot in front of your left and Heel To Toe just like this okay then arms on your side yeah okay I need your arms I want to pry that out of your pocket it'd be a little easier for you all right all right down to your side both arms okay and I need to stay in that position so I instruct you to begin okay oh sorry no that's fine so just put your foot back in this position yeah and stay just like that okay yeah okay so when instructed two I'm gonna have you walk nine Heel To Toe steps looking down your feet and Counting out loud yep when you get to the ninth step keep your front foot on the line because there's a small section the other foot into a turn and back nine heal the toe steps okay so go there and come back go there turn around and come back okay let me demonstrate for you now okay so we're instructed to you I'm gonna have you count out one two three all the way to nine okay yeah on nine front front of the line let's use a small sense for the other foot it will turn and then back nine heel toe steps so one two three all the way to nine okay once you've started the test do not stop till you're finished look down to your feet kind of loud arms your side the entire time okay so you do Nine and Nine back nine turn just like I instructed a nine back okay heal the tail okay any any other questions no okay you have no further questions arms down your side okay and you may begin [Music] just yep just like I instructed what yep just like I instructed okay sorry give me one second just here making some notes yeah yeah okay so for the next message you could just go and feed together for me arms on your side yeah all right so for this test when instructed two what I might do is raise one foot off the ground approximately six inches off the ground all right see how my foot is flat parallel with the ground both legs straight arm's gonna be down your side once you look down your race foot and count on one thousand one one thousand two one thousand three and so on and try and Chucky to stop okay all right all right do you have any questions about that test okay which foot whichever one you prefer which foot do you think you'll stand on um you wanna stand your left foot okay if you have no further questions um you may begin all right make you sure you lift your foot off the ground oh I'm sorry it's all good makes you kind of loud keep going oh you'll make it counts yep just keep going until I tell you to stop all right all right tell you what you can stop 18. you can stop okay all right so what's the last time you had to drink how long ago have you ever take one of these before no okay so for this thing what if you do is just create a nice Southern mouthpiece give a long steady breath it could blow the balloon okay all right okay so whenever you're ready and go keep going nope long and steady long steady breath okay hang on one second I have asthma so it's all good shouldn't be a problem so great nice seal give a long steady breath okay and keep going and go keep going keep going keep going keep going keep going keep going see if I counted that for you you know the legal limit to drive is no 1.0.08 oh I'm sorry it's all good let me ask you this before this this I'll have you do one more time long and steady okay just don't blow it out just long and steady okay are you feeling the effects of the alcohol no okay okay so once again nice cylinder mouthpiece just get a long straight breath like you're blowing for balloon okay and you almost had it last time just go a little bit further okay whenever you're ready and go keep going at this point you're almost double the legal limit to drive okay what you're almost double legally to drive okay so you are gonna be under placed on our wrist okay you've been nothing this would make me go and put your wrist together like this though okay so I'm gonna put your hand up okay at this point you do have the right to remain silent anything you say candle will be used against you in a quarter Loft you have the right to an attorney you're gonna afford a higher attorney one will be appointed to representative before any question if you wish you can decide anytime not to answer any questions or any statements do you understand these rights have I read them to you okay yeah do you need anything out of your car my wallet your wallet okay yeah I'm just gonna be like I'm gonna double lock you so don't sign up on you okay yeah okay this officer here's got your wallet um and we'll make sure he does right there so we'll make sure it's secure real quick do you have anything dangerous for me um okay I do have to search it okay nope these are the car keys yep okay I'm gonna give this to the soft sort of is he okay to move your car we just need to park it in a parking space somewhere around in here right now you're parked at the immediate in the middle of the lot it's not a parking space okay so I'm just checking your pockets again just make sure if you even have any pockets just can you lift up your arms just check your way okay all right we're gonna go ahead and follow follows throughout that door okay all right Jacob City 25.95 okay let's follow me over yeah that's right we'll go this way what's gonna go back to the back car there okay okay let me get you a lighter here okay yeah completely up to you um so are you okay with this officer moving your car then probably leave right over there in the parking space right over there next to the air thing all right okay you okay with that yeah okay am I gonna be able to get to it tomorrow morning here tomorrow morning yeah after we're done with everything you're going to jail tonight you're too drunk to drive okay come on my brother drive me okay thank you um as far as your brother drive you well right now you're you're too drunk you're ever going to jail okay deal can my brother drive me home no you're going to jail tonight because you were driving drunk here okay so I'm gonna go to the PD and we'll read you something and then you can have somebody bail or Bond you out tonight you know but we still have to take you to jail initially okay the suspect was transported to the Iowa City police station for further processing after a 20-minute observational period the officer asked the suspect to provide an evidentiary breath sample Priscilla at this point having readied the property like its advisory for my requested breast sample from the attorney you want to give me a sample yeah okay if you want just signed by that X and then hit consent or refuse and then it'll be at the bottom hope you guys time one more time for me no it's all fine you just actually bump to clean okay then hit okay at the bottom okay it'll take just a second for the machine to warm up okay okay yeah the instructions here are the same as the PBT okay you just create a nice filler on the mouthpiece give a long steady breath like you brought up a balloon okay and I'll coach I'll coach you along and tell you kind of more how we're doing okay any questions yeah okay hang on one second one second deep breath hang on one second and go and go keep going keep going keep okay you're only giving them one quick one second breath I know someone can't breathe for so it's gotta be like this gotta be It's gotta be like that you're not even able to blow along in one second no for so I've never met anybody short of like a severe COPD patient that's never been able to even get a single breast so it's up to you but it'll counters refusal if you're unable to give a sample okay okay all right so it's up to you if you want to try again give a long steady breath okay you ready there you go keep going keep going keep going try try not blowing so hard for yourself your bone very hard try blowing long and steady all right okay whenever you're ready keep going okay well you're welcome to keep trying if machine's gonna test out here in a little bit and when it does it's going to count as a refusal okay and making hands up so so what does it Infuse I mean once again you're gonna lose your license for a year all right so so if I'm not able to do it because of my asthma so so if you're welcome to try again if you want all right so whenever you're ready go but she's still going you can still try to give a sample anytime you want hey come on I'm ready yep Ready oh not even close okay oh my God okay Priscilla at this point the account is refusal okay all right because the suspect failed to provide a breath alcohol sample the attempt was documented as a refusal the suspect Priscilla was charged with operating while Under the Influence first offense or OWI in court the defendant requested a trial by Jerry on June 4th 2021 she was adjudicated as guilty by trial of OWI she was ordered to pay 1797.50 this amount has been paid in full she was sentenced to two days in jail with the ability to attend a 48-hour OWI course for two days jail credited the defendant declined this option and on March 22nd 2023 three years two months and 22 days after the initial arrest she was ordered to the Johnson County Sheriff's Office jail to serve out this time