welcome back folks to the DUI Channel we are in Osseo Wisconsin officer Josh Hill Police Department what's going on tonight trying to get home yeah where's home yep you know where the know where that is or what's going on I'm an Amish Uber okay yeah or by Fairchild yup be a little lost I don't know I'm just trying to get home that way okay how much did you have to drink tonight nothing nothing where are you coming from sale okay are you sure yeah you're coming from Jackson County I'm on with a David is this your vehicle yep all right you on the insurance yeah hmm 77 according copy of 27. last name first name David Common middle yeah we got a call about you and you're driving why yeah apparently it wasn't so good [Applause] I went through registration this is probably registrations from the DOT let's see your handicap placard do you have insurance yeah how much did you actually have to drink man nothing this is your insurance I think these are registration all right David I know this isn't your first time so honestly goes a little bit further than line to me good time for so where were you drinking at not foot sure I'm not drinking no where were you drinking I was I'll just stop out of the car [Applause] [Applause] let's go back here [Applause] come on let's step in front of my car you okay yeah you're a little wobbly there I've spent 36 hours up all night all right I'm tired okay what were you doing for 36 hours driving Amish people yeah yeah why are we driving 36 hours it's a long time because Amish people think that they own me sure you at least get some good money from that 60 cents a mile that's it they don't give you any no 20 bucks up front say here then pay mileage nothing no oh they think 60 cents a mile oh you charge me that much money you got any weapons or anything on you run foreign between your driving behavior is what was called in and where we're at and what I'm seeing okay sir so how much have you actually had a drink nothing nothing no I can stall it on you I just want to go home that's all I wanted David David right sir I can smell it on you so we're past all that all right I can smell it on you you can't trick that you can lie as much as you want but you can't lie about your order all right sir right yes so I want you to actually have to drink nothing okay well we'll just hang tight then all right okay all of yours we'll step back here you got your phone on you or what just an MP3 player yep where's that at all there no right here well is that just in a shirt pocket or what you can keep it I don't care I just want to know where if that's there what else he got that's all both my currents are retired Phoenix police officers yup believe me we'll step back here you guys are the most I respect you guys I appreciate that let's step back here we'll have you take a seat in the back of my car until the deputy gets here they're okay you're okay I'm not coughing you hey I just want you to take a seat okay no take a seat I'm not sure take a seat yeah I have to take a seat AC I'm telling you that's a lawful order get in my car now okay Officer you just said that get in I am not going to stand out here and babysit you it's cold and I'm not letting you back up in the car so I'm gonna have to turn it off cause I'm gonna take the keys if I leave you up there because I don't trust people in the car okay have I done anything wrong you're suspected of operating while intoxicated so yes at this point between the traffic violation you're being detained right now simply because it's a traffic stop the lights are on you're detained as soon as the lights come on like I said I do not trust you up in the vehicle and it's cold outside I'm not gonna I don't want to take the keys from you and have you sit up there and I'm definitely when I think that you're under the influence going to leave you up in the car with the keys because that's not smart process of elimination you're gonna have to see my car okay you're not under arrest I just need you in a safe place off the road or it's warmer because it's cold all right so man get out no no yeah pull the pulse laying tight uh the deputy's coming there's one from tremploy and there's another one from Jackson so all right are you even going to be willing to do Fields variety test if they ask you that's all I wanted to do I get that I get that but are you even gonna do field sobriety test if they ask you I'm just curious if I say no you're gonna detain me if I say yes you will let me go right no that's not how that works because you can still feel sobriety toss the only thing I want to do is go home I'm not drunk I just want to go home I get that yes I yes I have a disability I've had 13 surgeries in two and a half years my body is really messed up okay well I figured I just ask and let you know what's up I realize that so believe me I understand what you're saying you guys are the best people in the world well I appreciate that special law enforcement all right well I'll close the door because it's cold uh certainly get out to use the restroom use the restroom there's no restroom out here I know if I go to the restroom and and there's nobody present and you just gotta go number one may I pee please tell you what it's better than in my car you're gonna have to take a seat again he is really upset yeah she doesn't like anybody on the other side just because she can't see him well stand right on over here hey all right all right David let's go on back we'll take a seat in the pack of my car again zip up sir well am I going to jail I have no idea there's a couple steps that we have to go through first one would be ideally field sobriety I'm not gonna do that you're not no all right I've done nothing wrong let's go back to my my squad car let's take a seat come on I know if I don't feel so bright you guys guess what that is a major come here David guys we're gonna go over here when you don't walk where I tell you to and I've told you a few times to step over here and take a seat well if you get old go to the bathroom so just take a seat just chill out David there you go sit down there you go thank you David so I could smell it on them everything else I have some for his evening's ID asking for his insurance he gave me his like six different copies of registration two different separate times obviously just always acting all right David you already said that you weren't gonna do Fields parties right no one yes stand here with them the officer retrieves a breathalyzer for a preliminary breath test anything else yeah you said you had family at Phoenix PD yeah cool cool so you said you didn't want to do Fields Friday tests right no I don't want to okay and you're not going to I'm asking you yeah all right it's not going to guess what that is also considered right not necessarily there's a whole core process otherwise we would be judge jury execution out here right so here's a pvt no no nothing I'm gonna give it a chance all right fair enough oh turn around put your hands behind your back uh can I lock up my car I'll take care of that or we'll get the keys do you want the keys yes is there anything else inside the vehicle you need my stuff well it's all your stuff you got a wallet or what yeah where's that at all yeah uh not with the weather coming in so do you have a local person to come get it or the left oh can we step out that way I'm not going to be any for what aggressive towards you guys I just want to step out that way so I can see my car I've given you yeah no yeah I just want to set that way no come here David we're gonna step this way and take a seat I'm gonna get a tone route because you're not being cooperative with me anymore and we're done sir no let's go that's just it I just let's go off the road it's not and you can't legally park there there's it's snowing out we don't need somebody to come and hit it and then you're liable so let's take a seat okay can I call somebody do you have a phone in your car well take a seat can I call my father no we're gonna get the Loft and we're done go ahead and have it take a seat well back at the suspect's vehicle to retrieve his keys the officer and deputy found an open bottle of vodka that was three quarters full along with what was estimated to be less than one gram of marijuana the alcohol was emptied into the ditch beside the vehicle and the marijuana was confiscated with the intention of being disposed yeah a little bit of weed so we're good okay um right off the bat he just got done like 25 SD cards he does have he has an MP3 player on him he's got this so I mean it's something as simple as that you want to write him a ticket for the weed at all I wouldn't for this but what's going on David can we make a phone call yeah do you even have a phone I didn't find one up there if you have a phone we can make a phone call Guaranteed one thing one thing what's up you could shoot me before he does what are you talking about my dad he's an exchange police officer I'm gonna give him a call and say Dad come please pick me up and guess what he's going to be really mad at me well then why would we call him if he's just gonna be mad at you he's my father and I love him and he loves me all right I'll tell you what yeah I found my C CBD is that seaweed here no you sure it's not weed all right uh we found your opening times up there too one and you just want to give your dad a call and tell them what's going on oh that's my dad's number you can come out here and he will be like we're beyond that oh so what do I done what have I done wrong you're operating well intoxicated we don't need them out here all right so how about this I know it's cramped it's small you haven't tried to fight me kill me stab me so what we'll do is we're going to under here actually your dog right here he's really being a butt head too much she's just barking because she knows somebody's here but she can't see so what I'm trying to do is if you can till just a little bit more I'll under the handcuffs I'm gonna handcuff you up front okay right up here I'm gonna loosen it up and wrap the Handcuff around no just give me this one just give me this one right now there you go there oh can I be a butt head for a second wait good yeah I don't really find it funny yeah there you go no whoa see a little better thank you all right may have a cigarette and just I can help you all but just in a bit I gotta do some really boring paperwork once I get that done I'll try to throw you a bone and put your smoke a cigarette right I've been nothing yep can you do me a favor can you get that on over and seat belt it oh you're under arrest it's too late can't I call my father please we can but that's not going to help us situation right now we I'll let you call them later if that's what if that's what you really we're going to Arcadia all right we'll be going on a White Hall [Music] are you able to get it I know I know the seat belt the Buckle the Buckle lays down a little bit just for the off chance that somebody else comes around there you go there you go just hang tight I'm gonna do some paperwork okay the officer completed an affidavit and search warrant the officer then contacted the on-call Court commissioner whereupon he was sworn in and read his affidavit verbatim a search warrant was granted at 8 53 pm and the suspect was transported to the Mayo Clinic in Osseo to draw blood all right David I do have a search warrant signed by a court commissioner we are going to take a blood draw no yeah shoes because we're going to get it we absolutely are taking it David I'm just giving you a heads up and to be decent with the people that are going to take it officers I do not want my blood taken yeah I get that but we're going to so and basically from this point forward no no it's just my glasses are fogging up pull it down a little from this point forward if you don't comply with it basically you're just gonna catch more and more and more charges so guys believe me I'm not being uncooperative no we're telling you what's going on I mean one thing you guys let's have them come here and one of these exam rooms because I feel like we're gonna have to have some issues Oh no you're not guys so my anticipation is already that we're gonna have to hold you down all right and I will we're gonna sit on you and we're gonna have your arm out and we're going to draw your block we are going to get it and we're going to win okay just a blood draw but he's probably gonna be uncooperative can we use one of the exam rooms instead and have them come down here I'm not going to be uncooperative okay I'm just saying I do not want my blood drawn if you want to draw my blood you can draw it but I'm not going to be uncooperative is that okay as a matter of fact I could actually sit there and put the needle in my own arm oh we don't want to go that far too much uh can I put this back into my pocket or can you put it back into my pocket right there you go see let's have you take a seat there yeah no you've been very decent David you have you haven't but once somebody's have one job yeah I appreciate that but when I tell you that hey David just let me tell you because when I tell everybody when we come in is there going to be issues because it's not their problem that you're here oh I know they got to do their job but when you say no that we're not going to get your blood you know it's gonna it goes south all right so what I'm gonna do is there an arm that you prefer to have your blood drawn from oh yes the right arm right on Bully all right yeah in the meantime that's what we're gonna do while I got this is Jim we're gonna I'm gonna undo one of your handcuffs and then we'll take your coat off on that side is that where you're ready okay I will not fight you I will not be any kind of I appreciate it objective to you guys because you're just so you were just saying that you didn't want to give blood exactly all right no I'm saying one thing I object to what you guys are doing to me but I'm not going to fight you guys how's that yeah can you get that sleeve off it's probably easier for you to get that often it is for me how's this yeah oh okay there you go see right there dude pull pull come on Jim you're a man Paula dude oh for God's sake come on boy are you able to get your sleeve far enough up there you go oh oh oh yes I'm making oh that's it I'm doing it now okay lent yeah do you know do you know donate blood or anything you got a pretty good vein there it should be pretty easy well yeah that's why I said this one right here oh yeah there you go probing yeah but I'm objecting to it so I'm not cooperating so I'm fighting there great you got it out okay so is this objective oh one thing I need to know classical night six are those illegal in Wisconsin um well yeah you have five owis it does not matter it does it does I'm going to tell you why are you a convicted felon oh most definitely okay um well if you can seal it in any way you could purchase it conceivably but if you conceal it in any way then it could be considered a concealed weapon okay it's not going to throw outside a knife for a collapsing all the time oh right there well what are you convicted felon for because it has to be certain crimes it's all Dangerous Ones okay let's put it this way all allegations of dangerness were what was the what was the alleged well what what did you get convicted of your fifth offense OWI anything else armed robbery okay so there you go allegations of dangerous were taken hours forward like a weekend or two ago and it's there's specific ones it's a lot of the 940s danger Dangerous crimes it's not like if you committed a felony voter fraud or something weird or a felony OWI those don't come well there you go I see the thing is is I committed a dangerous crime but so this is David the suspects bought alcohol sample yielded 0.214 grams per 100 milliliters ethanol the defendant David was charged with operating while intoxicated or OWI for the sixth time in court David pled guilty to OWI fifth or sixth conviction and refusal to take a test after arrest the open container charge was later dismissed in total the defendant was ordered to pay 2 374.50 of which 1394.75 cents is unpaid as of April 27 2023 as this was David's sixth OWI he was sentenced to serve one year in state prison two years of extended supervision and received a lifetime license revocation