welcome back folks to the DUI Channel we are in Minot North Dakota we're on New Year's Day 2020 at 307 am a Ward County Sheriff's deputy was on patrol driving through the intersection of 20th Ave Southwest and South Broadway when a man waved down the deputy the deputy then received a call from dispatch regarding a passed out driver as his investigation begins [Music] Ryan I'm driving the Audi this woman was creepy passed out okay the vehicle department hey ma'am hey you all right what's going on what's your name hey wake up what's your name what's that Stephanie Stephanie okay what's going on where you're passed out at the wheel okay you need medical attention no no Central 47 52. Central 47 52. female is responsive and awake now all right have you do a step out of the vehicle for me all right go ahead and take your seatbelt off step out you don't need any medical attention or anything like that no she has a drink tonight what's that you don't know you know where you're at right now yeah you do know where you're at yeah where are you what city are you in where do you live what's your address passed out in the intersection right here probably even drinking yeah yeah all righty well you want to come back in the ambulance get checked out by us okay I'm gonna walk with you dude you know my name yeah dude it's wild so I'm driving left right man should I make some extra money on the side man and I come up through this intersection I can literally just see her like this passed out I'm seeing the vehicle slowly creep so I turn around just like you did I come up here man and I knock on the window and the chicks pass on again so I threw in a park man it's like I could have driven her somewhere man but I was just like dude it's it's yeah I don't know it's you I gave my knot and dispatched my number and whatnot so okay well cool man have a good evening sir thank you I appreciate it yeah yeah while searching the vehicle the deputy found a Bud Light can two Coors Light cans and two bottles of liquor the contents were verified and discarded in front of the patrol vehicle following the medical evaluation Community Ambulance emergency medical workers did not transport the suspect to the hospital [Music] thanks guys let's have you step back over here give my partner permission to move your vehicle that way we can get it off the road if we just move it right over here and just park it right there and lock it up you want your cell phone please anything else got it all right man we'll just have you step back over here okay you getting sick it's over tired yeah all right let's hope you take a seat right here in the front seat of my car okay there's anything on you that we need to know about what do we got shoes passed out at the wheel s okay seen her started creeping out the intersection he swung back around pulled up next to her vehicle is still moving forward start pounding on the window she wasn't responding to open up the driver's side door through the vehicle and park grab the keys took the keys out and wait until we got here okay I was able to wake her up she's already stated that she was at the old a couple other bars with the shots okay hello my name is my patrol car I'm just gonna run you through a couple of tests and see how you're doing okay what's your step it's very cold out here right I'm just right here this one yeah [Music] okay like I said my name is gonna conduct a couple of fields sobriety tests here for you with you real quick can I open your mouth for me real quick I just got to make sure there's nothing in there beautiful yeah look at me real quick yeah beautiful case okay I'm just gonna back up and go sit behind you beautiful I appreciate it man dispatch has been updated okay how much alcohol have you drank tonight a little bit about okay mostly tired what were you drinking white claws yeah do you know about how many approximately six or seven okay when was the last time you had something to drink it's 3 30 right now two yeah so about two o'clock 1 30. okay feel intoxicated right now he's tired not intoxicated okay do you have any medical issues with your eyes do you wear contacts anything like that okay okay I'm gonna have you turn in your seat towards me here um have you follow the tip of my finger with your eyes and your eyes only okay okay and go straight up okay what's your highest level of Education okay any college or anything like that okay no your English alphabet ABC is one two threes okay can you count forwards backwards okay I'm gonna have you recite the English alphabet from a through z out loud without stopping once you begin do you understand yep right now yeah go ahead sorry oh you're good a b c d e f g h i j k l m o p q r s t u v I feel dumb okay I can do that okay you want to start again too much okay now I'm gonna have you count forwards from 56 to 72 do you understand that part okay go ahead 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 okay okay now I'm going to have you count backwards from 74 to 53. do you understand that just a 53. 73 72 71 70 69. c86 . 69 68 67 66 65. the 460 30. what are you doing fine 62 61 60. 59. updated to 53. okay I'm gonna ask you to just do a quick screening test for me it's just a uh a PBT test basically um all right the officer shall inform the individual that North Dakota Law requires the individual training 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 the revocation for at least 180 days and up to three years of that individual's driving privileges do you consent to take the screening test one of these before okay yeah I just need you to blow into the end of this tube like a nice nice long steady until I tell you to stop okay so I'll take a deep breath for me and then blow through there oh hold on one second oh just uh a steady steady blow okay deep breath keep going keep going keep going keep going keep going keep going oh hold on one second just an insufficient flow that just means you're not blowing quite hard enough so I'll have you a deep breath good perfect Central for 751 0-339 loop .186 on my FSD Alco sensor okay so 0.186 so that's that is over the legal limit have you ever had a DUI before no okay you you are going to be arrested right now for for APC so yeah they're just wait I already told yeah go ahead you can text him real quick and then once we get down to the jail you'll be able to to make some phone calls as well gonna go up there and get her vehicle information out of the gloves compartment it'll be uh for the citations um you said there was some open containers and stuff in there too all right I already got them all in my car okay okay yeah I'll just I'll just take that then yeah okay okay step out of the vehicle for me you can just leave your cell phone up there charging place your hands behind your back right now you are being placed under arrest for APC you have the right remain silent anything you say can we'll be using record along you have a right to an attorney and Heaven present will be in question you cannot afford an attorney one will be provided to be prior to any questions if you wish decided any time to exercise not answering my questions you understand the rights as I've explained them okay go ahead and get back I am gonna Buckle again short trip but if you want to go to the other side I know it's hot very comfortable sorry about that I have a bad hand too so okay well we'll we'll go we'll go very fast well as fast as possible following the arrest the suspect Stephanie was transported to the Ward County Detention Center in consented to providing two breath alcohol samples and low until I tell you to stop [Music] keep going okay here it goes good work okay you can take a seat it definitely is a little bit more uh a little bit more difficult than the other one okay now if you want to follow me the lower of the two samples red 0.169 percent breath alcohol content this is more than twice the legal limit to drive in the state of North Dakota the suspect was charged with actual physical control of a vehicle with .08 percent or greater of an intoxicating wicker first offense or APC while the suspect was sitting in the vehicle she was not driving therefore she was not charged with driving Under the Influence or DUI in court Stephanie defended herself and pled guilty to the charge she was ordered to pay 500 fine for the offense along with fees the defendant was ordered to pay 750 this amount has been paid in full Stephanie was not put on probation since to zero days in jail ordered to attend a Victim Impact Panel in order to undergo a chemical dependency evaluation