welcome back folks to the DUI Channel we are in Oberlin Ohio we're on February 23rd 2020 at 7 59 PM Oberlin police observed a vehicle weave onto the double yellow line and stop the driver on State Route 58 near Union Street as his investigation begins how you doing good how are you doing I'm doing all right awesome PD I always gotta stopped you some people were calling us they were concerned you were all over the road hitting curbs and everything really they're concerned about you driving oh they saw you pulling into Johnny's back there I was trying to adjust my radio and okay and I I hit the side a little bit okay you want to just turn your car off for me real quick okay where are you headed now I'm just going home where do you live Wellington Wellington okay what brings you out this way uh well I was heading to the store there and noticed that they were closed and now I'm just gonna go home okay give me a front end damage to your vehicle well just the front bumper there okay did you strike something just now no no that happened a while ago okay when did that happen uh about two weeks ago give your ID on you sir coming from your house you said you're coming from your house uh yeah I just came from my house and uh gosh where is it [Applause] and it has 56 year old male ballad yeah are you the owner of the vehicle do you have your insurance with you have you had anything to drink tonight no sir no you said you were messing with the radio that's when you hit the curbs yeah I just I'm trying to get my uh this line in here on my radio okay and and I must have hit the curb [Applause] your insurance uh should be I can't believe I wanted my wallet we're going to the store you didn't bring your wallet oh I I I thought I put it in my wallet or my pocket but I didn't um [Applause] when did that fortnite damage front end damage happen uh that was probably weeks ago I I swerved to miss a deer and I actually went off the road and it was enough to deploy my my side airbags too okay did you make a crash report for that no I didn't would you hit when you hit when you went off the road I don't know what I hit it was uh hard enough to uh I think I can't believe all right take that back are you sitting on a movie you want you want to get out and look well man come on out you have anything to drink today no when's the last time you had a drink uh yesterday yesterday yes is your license valid yes yes all right why don't you come on back here I'm gonna run you you can talk to this officer back here okay make sure you're all right okay yeah I'm gonna run him I can't believe it with me oh you don't have your wallet why don't you stand on the on the curb here for me son okay you get some crazy drivers coming through here make sure nobody hits us you can wait right there and I'll be right back with you the sergeant approached the officer to discuss the damage observed on the suspect's vehicle he said he hasn't drank anything today he was messing with his radio or his the damage on damage on the front sold he said it was from a couple weeks ago there was more there's more damage on this side yeah the front's got mud in it and it's it's Rusty it didn't happen today the stuff on this side too there's slight damage on the front on this side but he said it was it's old from he swerved to hit a deer and hit something on the side of the road and doesn't know what he hit but I'll take a look at that one but the stuff on the right front yeah saw the stuff right up here and he's got like mud stuck in there looks like he ran off off the road and went into maybe a ditch or something bent the bumper up and it's got mud and stick so but it's old it's rusted okay I would say a couple of weeks so what up this damage up here is from a couple weeks ago same thing well no the damage on the hood or the the side yeah this is I don't know what that is this is brand new this is up here that is fresh right now because it hasn't rusted right here and then this right here see how the paint's still sticking if you look down on it that's fresh right there this would have come off see the yellow paint that's like just happened I'm saying with that one right there there's no rust down it almost looks like a I don't know what he hit up there it's got to be a mailbox because it didn't damage the light it's got to be something sticking out and then that's like one of those yellow posts at Walmart you know something you don't like it again yeah that's a lot of stuff clean record no medical issues I haven't got that for you do you take any medications or anything no okay do you have any medical issues uh a few yeah yeah but uh nothing uh that impairs my driving okay are you sure you haven't had anything to drink tonight I'm sure sir last night yeah okay what'd you have last night well I I know a bunch okay would it still be on your breath today I hope not okay would you be surprised if I'm smelling something on your breath maybe swap a Hole uh would you be surprised well I don't think so okay do you mind if I just check your eyes make sure you're good to drive then yes okay all right come on over here all right go ahead step on that sidewalk for me okay okay I'm gonna grab that color you want to do that first then right it doesn't matter it takes like two seconds you don't take any medications no what do you normally drink uh beer liquor whiskey yeah I recently was in the hospital for uh detox and apparently it didn't take okay detox for what whiskey okay you know anything no smoke weed or anything nope okay but they gave they gave me a pill for uh to make me you know if I was if I was sick or if I if I drank then they would uh it would make me sick okay and but they only gave me a certain amount of pills and they wouldn't refill it are you an alcoholic yes I am okay um I'm gonna test your eye I'm gonna run you through some tests okay okay who's gonna have you just blow into that first but I'm gonna run you through some tests regardless okay okay and if you're good to go I'll get you out here wonderful all right I'm concerned that we had callers calling in about your driving okay just make a nice tight seal on your lips with with this on the tube right here take a nice deep breath in and then keep blowing until I tell you stop okay you can hold my hand it's fine right here go ahead okay keep going keep going keep going keep going keep going keep going keep going keep going okay that's good thank you sir [Applause] takes a couple of seconds here to be okay I mean I haven't had anything today well we got a couple of calls on it and then the damage on that left side right there looks like you hit a mailbox or something because it's really it's really high up yeah I I tried to miss a deer and yeah you see that on the front there but the other two damages on the upper right and left I'm just going to put this back sir okay all right I'm gonna actually turn you around so you're not facing lights okay have you ever gone through these tests before yeah build sobriety test okay um I'm just have you follow my pen okay with your eyes and your eyes only have you stand with your feet together hands down at your side if you want you just move your glasses and put them on top of your head if you'd like I can't see oh you can't even see it with my tip my pen with them on well it'll be difficult okay all right make the test okay I'm gonna have a light okay all right you able to see it okay Focus right on the tip of that pen okay five to three don't move your head I am half blind in my right eye okay [Applause] you rather hop there this is [Applause] best you can all right I'll bring it back dude one more time follow that pan okay okay hard when you bring it so far to the yeah that's the point okay I gotta have you open up your eyes Okay real good okay so you got to make sure you're looking at that pen the best you can okay [Applause] this won't be a little easier okay just make sure you're following the tip of that pen for me all right okay [Applause] [Applause] okay now I'm gonna go up with it okay so make sure you follow the pen don't move your head just your eyes okay I'm gonna go up with it now all right you see it's hitting my pen yep okay [Applause] okay next test I'm going to do I'm gonna have you just do what's called a walk and turn okay okay well I'll show you the test what I'm have you do is I'm gonna have you stand hands not just hide with your right foot in front of your left foot okay and stand just like that for me okay I have a I have a uh an artificial hip okay so I I must tell you that okay we'll do the best we can and to stand just like that what we're doing well I'm showing you the test okay hands on your side okay so what you're gonna do is you're gonna take nine Heel To Toe steps okay can you imagine a straight line yeah okay I'll maybe take nine Heel To Toe steps keeping your hands down at your side and you're gonna count out each step as you go okay when you kind of count it out till nine okay when you get to nine I'll show you what to do okay so I'm gonna show you the test you stand just like that all right one two three now insinuating this is the ninth step what you're gonna do is you're gonna take a series of steps keeping your left foot on the ground and you're going to spin around and you're gonna feel the toe steps back to me okay one two three as soon as the ninth step you're gonna stop okay okay keeping your hands on your side counting out each step do you understand the directions okay make sure you look down at your feet as you count them out there you go one two three four five six seven eight nine one [Applause] two okay last test is just going to be called a one-legged stand okay if you don't feel you do that with your hip let me know but what I'm gonna have you do until for now people watch on you mine died I do not okay stand there I'm gonna get a stopwatch okay [Applause] okay so if you do well I'll show you the test stand same thing feet together hands down at your side okay stand just like that until I um explain the test okay okay what you're gonna do is you're gonna raise one foot whichever whichever foot you're most comfortable with approximately six inches off the ground keeping your foot parallel to the ground okay and you're gonna lift the tip of your toe and you're gonna count one thousand one one thousand two one thousand three until I tell you to stop okay okay does that make sense whichever you feel most comfortable on okay okay and you can begin when I tell you to start okay I don't know what it's like to do this with one I can't okay not a big deal I I can't okay I mean all right with either legs all right come back in here with me okay okay you haven't had anything to drink no sir not it's not a thing no okay well right now I'm gonna place you on a rest okay for suspicion of driving Under the Influence all right okay and you get some big watch there we go and I'm just gonna lock these up so they don't tighten up on you all right okay do you have any weapons on you any weapons in the vehicle all right I'm gonna bring you over my vehicle right over here okay okay it's gonna happen in my truck well do you know anybody in town here no no I think we might have to tow it all right hang on before I put you in there I'm gonna search you okay sure no weapons no needles nothing that's gonna poke me stick me no bombs grenades nothing I have a small pocket knife in my uh right or my left uh my left hip okay that's it that's it is it in your in your pocket yeah yeah right there okay did you go to the bar or anything tonight no sir okay yeah okay go ahead and climb in for me might be easiest to go butt first all right oh this is hard it's not too comfortable but you all right you're almost dead go ahead and try to slide butt first okay let me try this again okay I've Never Been In Handcuffs before well you'll be out of them very very shortly okay [Applause] able to swing your feet in I'm trying to okay there we go all right okay no driving record he told me he's an alcoholic detox he's got a couple um tickets I think it looks like but no suspensions nothing following the arrests the suspect David was transported to the Oberlin Police Department for further processing once there he was read the Ohio Bureau of Motor Vehicles form 2255 and provided a breath alcohol sample of 0.220 breath alcohol content in court David was charged with operating a vehicle Under the Influence with a breath alcohol content of 0.17 percent or more in operating a vehicle under the influence of alcohol first offense within 10 years or OVI the defendant entered a plea deal and was found guilty of OVI first offense while the former charge was dismissed along with a 375 dollar fine the defendant was ordered to pay 816.35 this amount has been paid in full David was sentenced to 30 days in jail 27 of which were suspended put on probation for three years given a licensed suspension of 365 days received six out of a State Maximum 12 points on his license and was further ordered to attend a 72 hour driver Intervention Program of note during the inventory of the vehicle prior to Towing three empty bottles and one full bottle of Yukon Jack wicker were discovered in the front cabin of the suspect's vehicle