welcome back to the DUI Channel we are in Wan Illinois where on January 10th 2020 at 8:53 p.m. a Wan police officer was dispatched to 1334 Grand a in reference to a traffic accident with injuries as the officer arrived on scene a member of the WAN fire department approached the squad car as his investigation begins going how's it going buddy we got the driver of the one car in the back of the ambulance this car that caused the accident the guy got out and tried to run security got him inside okay so that's what's going on right now so we just have one patient and the driver that tried to flee is inside is inside okay thank you while inspecting the interior of the 2002 Ford Explorer responsible for the accident the officer observed several open Budweiser boxes in the rear passenger seats and an open open Budweiser bottle under the driver's side door more unit coming here right I'm going to go and try to locate these guys they're in the bathroom no we got them at the door I work security here as well we got them at the door but there was two more passengers with him a female and I just need to know who was driving oh he inside do you want me to meet you um at the back of grand tequila I'm going to go in they they got him at the door here just going to talk to him real quick and see after inspecting the vehicle the officer entered the grand Tequila Bar and Grill to speak with the suspect as his investigation proceeds [Music] here hey how's it going bro what's going on man my TR was I was trying to put the bra but then Li it and that's when I hit the other tr that's what happened okay you got your license no I don't got was n of that what I don't got no was n that okay but yeah I was trying to break but this s it that's what I hit the other that's what happened no I was trying to break but it's not you know it's raining right I think my T is going W and I he was all in the car me the guys but they get away why they leave I don't know I was trying to go away too but come okay um do you got any kind of idea on you yeah I do got idea on me yeah we just for [Music] you that's happened there was an accident you know it's like you were driving though yeah I was driving but I me to run it away but I hit it it was kind of why did you run away I was just kidding it's my press here let's talk out here let's go out I can't hear you no no no right here right here no let's go let's go no no no right here yeah cuz I was kind of Scar you know and she's my first time I be doing that I be driving my first time be driving you were driving though right yeah I was driving be honest to you yeah okay just step back a little bit all right no one else in the car with you with somebody else but they live passenger yeah passenger a friend or what I was just like a friend people like bra to drop to the house [Music] to go in yeah go ahead [Music] you9 by a break but yeah hit a c that happen like I was R like it's Li can pay for it you have insurance no I don't I was going to put it this one but I don't know the truck is yeah it's m know that I always like so you don't have a license or Insurance turn around all right [Music] I [Music] sorry I'm so sorry second one second can you guys go back in real quick [Music] okay come [Music] here but yeah it's okay you okay just give me one second I'll come back okay like you said was s you know yeah it's very wet out [Music] wa you're not heard all no no okay like I where you parked at the backside but I have the ET truck he want uh know I'm saying [Music] couldn't for what inter on everything or what we'll see loation my careful I my face what happened I H my face on what on this one close it close it here back was not my intention no it's liid bro this my wallet right there that's my wallet all right I'm here step forward all right I don't got nothing where's your girl at where's my girl I don't got no girl there was somebody they said you pulled the girl out of the car no I didn't there was somebody as the primary officer gathered statements from unseen Witnesses a secondary officer arrived on scene to transport the suspect to the WAN Police Department for DUI processing he's going to transport you for me yeah you got my phone on it what's that my phone number my phone your phone number yeah my phone I mean my phone number I don't need your phone number right now my phone man phone okay we'll take care of that come on we're going to Walk This Way where are you parked at right here right there he uh he he admitted he's driving he said it was too slippery out okay yeah it was slippery man it's very slippery out yeah that's what he yeah it's slippery dude my other friend was drinking all that but that's all you know where were you coming from I was coming from Lis okay and was trying to you know that I need to check the weap get my phone man so they're the other officer will for real that's my wet okay the other officer will so what you going to lock me now for tonight or well we're going to see about that yeah hold still you going to let me stay for the rest of my life not if you don't want to no right you don't want to right know man I would pay for everything man SE okay that's good that's good all right all right here yeah we're going to be this one is too too tight bro okay we'll be at the station in just a minute all right all right take me over there real quick man quick bro here look at me you're cut right here right here no not not on your eyeball and right yeah right there just like that okay uh all right take your shoes off real quick uh take uh your socks off turn them inside out so you going to right I know we got see you can put your socks back on all right what's that they we this too yeah all right I'm going to ask you some medical problem issues here what's that the rules yes the rules you know rules rules rules okay so uh before you before I ask you any questions is my duty to advise you of your constitutional rights one you have to right to Marine silent two anything you say can be used against you in the court of law or other proceedings you have to write to a lawyer or for advice before we ask you any questions and to have him with you during questioning if you cannot afford a lawyer one will be appointed to represent you before any question if you wish you can decide at any time to exercise these rights and to notans any questions or makeing statments you understand these rights I'm going sck right them do you understand your rights yes I'm okay all right just hold tight I um so you said you had no medical problems right so we got to make sure that you're we got to make sure you're good to drive you know so we're going to have you do some stuff come on just stand up you sure about that H are you sure assum me for something else no because right now if you don't do we're going to assume something else and not if we're giving you the opportunity to show that you're not intoxicated you tring assuming for something else but if you don't do them then we're going to have to go proceed with what we know already like I said was driving bro well this is well like I well like I said I got to make sure you're okay to drive so if you can show me you're okay to drive then that helps huh so come on come on stand over here come on come on with me there is a there is a we got to make sure you're not in here yeah man so come on over here just stand in the line stand over there at the end of the line what I'll show you come on stand at the end of the line going to show you all right n don't P the I know what you trying to do I don't know well I I need to make sure you're okay bro for that you don't actually yes I am I need it I need it I need it yes I am I'm ask question cuz you're not you not got to do that I know my right bro are you refusing no I'm not refusing but no you're refusing you're refusing you're refusing if you refuse to do them we're going to go in different different direction yeah on what so here here's what's going to happen if you refuse then this listen if you refuse this conversation is over and we're going to do what we got to do but if you can show me that you're not impaired if I'm giving you opportunity all right Bo you want to flash me like this like from my life like this ARR I'm going to explain you are under arrest ready you're under arrest not having a license okay have a license so just listen what been insance listen to him listen listen do you have any eye problems no okay sometimes yes I do like what like like when I on the phone you got my phone with the car so you like you need glasses sometimes yeah do you have you have contacts I not at all bro cuz sometimes okay so here's what I want you to do I want you to put your feet together stand with your arms to your side okay keep your head still and look right here right where my finger meets my flashlight okay keep both eyes open but we like like I say man okay well I need I need to be able to see your eyes so I need you to keep your eyes open okay so I want you to follow right here with your eyes only and only your eyes don't move your head do you understand man I can't do that you do I cannot move my eyes like this and like this you're doing it right now you just did it oh yeah okay okay okay you got me on camera bro I do yeah well everything's on camera these days man camera right there there camera there camera all over the place okay don't don't move too fast right it's going to be slow it's going to be slow a time it oh yeah so again keep looking right here okay tilt your head down a little bit there you go just keep looking right here okay now like I said my eyes is kind of blind blind yeah like okay well as long as you can see this right yeah I can see that but but not to much okay that's fine as long as you can keep looking right here like you want to say I canot see no more you want to start right okay are your eyes that bad that you should be driving at night yeah I know you should be driving so you shouldn't be driving at night with your eyes no that's what I want to my house so you so you know that you shouldn't be driving at night like I say like it's sley bro I was driving to my house going straight to my house how many fingers I got up two there you go good enough look right here funny is straight all right bet keep your arms to your side all right tilt your head down a little bit there you go just keep looking at it all right this is going to go back and forth a few times so just keep looking at it all right like I say okay well hey that's okay just keep looking at it got it all right here we go keep looking at [Music] it okay hope so hope so all right just look straight right there look right at the point okay keep looking at all right ready keep watching not your head I know that's what that's what I'm telling you fine yeah just look back over here look back over looking I'm looking okay look back over here yeah keep looking all right keep watching keep watching right keep tilt your head down tilt your head down there you go keep watching no tilt your head down a little bit why not well then I got to raise it even higher that's how it goes so keep watching all right open your eyes please all right put here over here you get more higher more High yes you are right here right here you can look at it right there okay keep watching all right keep watching keep watching over here same I look yeah you got to keep your eyes on it oh for real the whole time time all right all ready here we go he watching all right twice more okay so hang on hang on hang on hang on you know this hang on hang on hang on so for the next thing I want you to do is so do you have any physical problems or disabilities okay so on this line I want you to place your left foot on the line left foot the line I'm sorry yeah place your left foot on the line left or right left left yeah this yeah put your other foot place your right foot on the line ahead of your left foot with the heel of your right foot against the toe of your left foot all one yes in front of your left foot there you go perfect hold that now place your arms to your sides all right maintain this in position until I've completed instructions you understand well hey take deep breaths but hold still hey first time for everything right so just maintain some man in a minute in a minute so hold hold this position show we're going to show you hold put your arms down your side I know what is the T we walk straight well you got to back up okay so don't start tell you to start and you've got your feet reversed now so left feet and yeah so hold hold still just like that hold still so do not start until I tell you to start okay do you understand the instruction so far when I start take nine heel toe steps on the line turn and take nine heel toe steps back down the line I'm going to I'm going to show you for watch watch so I'm going to do three you're going to do nine ready so from here you're going to go one 2 3 you're going to go to nine I just did three you're going to do n9ine you're going to take a series of small steps at nine you're going to go one 2 3 all the way back to nine do your way bro do you understand yes I am okay so when I tell you to start thing now he tell to steps on the line take nine heel toe steps down when you turn hang on keep your lead foot on the line and turn by taking serious small steps minimum of three heel uh heel the toe two steps return okay when you are walking keep your arms to your side watch your feet at all times count out loud one two three once you start walking don't stop hang on once you start walking don't stop until you've completed the test do you understand the instructions do you understand no do you understand yeah one okay begin 2 3 4 too too long four 5 six I cannot put together because my my f is not keep going four 5 6 7 8 9 1 2 3 4 5 6 7 8 9 okay so for the next one uh please stand with your feet together and your arms are side like the first time okay keep maintain this position do not start to perform the test until I tell you to do so do you understand the instructions yes okay so maintain the position I just Told You So feet together arms your side hold so uh when I start when I tell you to start raise either leg with your foot hang on approximately 6 inches off the ground keeping your foot parallel to the ground like mine see how it's flat to the ground look at my foot look at my foot this time look at my foot see how it's flat keep your eyes on the toes of your feet whatever foot you raise which one raise up to you it's up to you you ask the question no no no it's whatever one you want which one you you want to raise you want to ra raise your right foot want whichever one's your favorite left or right whichever one's your favorite whatever okay ready keep both the leg straight to your sides while holding the position count out loud in the following manner 1 10001 1 1,002 1 13 and so on until told to stop keep your arms at your side at all times and keep watching the raised foot do you understand right foot or left foot what whatever you want dude how how how many times until I tell you to stop all right okay so go ahead yeah go count out loud 1 2 3 4 1 10001 1 100002 I can't come backwards I'm not good that's not backwards I'm not good on that that's forwards I can okay well that's so 1 1,001 1 1,001 1,002 yeah yeah 1,003 1 4 1 1 5 1 6 1 7 1 8 1009 110 didn't tell you st oh for real yeah keep going I'm not going to come backwards you're not counting backwards that's forwards forwards or backwards forwards so 1,1 1,2 exactly how you're counting there you go you get me nervous guys man no you're not you get me nervous bro you get me nervous especially this guy what does one 1002 1004 1005 1006 17 1008 1009 100 10 10012 see I get tired I can't rest my food like this cuz I'm not special like doing this okay hold still for one second go ahead put your shoes back on all right man and iqu this and everything all right here we're going to do one more or two more rather so for this one what I want you to do keep your arms to your side okay you're going to I'm going to close you're going to close your eyes I'm going to leave mine open okay okay do you understand so you're going to tilt your head back you're going to close your eyes in your head you're going to count 30 seconds you're going to estimate the passes of 30 seconds you understand 31 30 however you want to count but 30 seconds you want to count I'm not good on that not going to M bro that's not math that's counting I know but you want to count it one two 3 4 5 you want to come backwards exactly want to come backward you want to count to 30 30 seconds 30 seconds you want be com backwards or forward no forward you're just counting 1 2 3 4 5 6 man like they said the TR sleep bro was um the girl okay that was in the car is she okay hope she's okay where where'd she go I don't know they left man like oh she took off run and two man it was not my you know all right one 2 3 4 5 6 7 You Can Count however you want you can count sheep You Can Count you can count them in Spanish you can count Spanish yeah in your head so not out loud in my in my head in your head keep your feet together arms to your side tilt your head back close your eyes close your eyes ready now begin okay okay I was more faster than the phone so ready here one more keep your arms to your side so you what you're going to do now is you're going to close your eyes again but keep watching me you're going to bring your arm out hang on with the watch watch watch hang on listen listen with the tip of your finger not here not here not here not here the tip of your finger to the tip of your nose like this you understand okay great so you're going to do I'm going to say listen listen hey hey hey so I'm listen I'm going to say left or right that's I could see it okay ready so head tilt your head back ready hands to your side okay left hand close your eyes left hand or right hand I said left hand close your eyes bring it out in front of you and touch your nose okay right do it again right close your eyes right right all close keep your eyes closed the whole time until tell stop how manytimes got to do it few more times you want to ref how many times close your eyes ready left left right right left okay all right take a seat I'm going to read something to you are you going to push the handles on me I'm just let me go like this come on I'm good you're fine yeah I'm fine okay I'll following the field sobriety tests the suspect was read the Illinois warning to Motors form was offered to provide a breath alcohol sample no no no not okay go over here you're going to provide a breath sample you provide an opportunity well again we got to make sure that you're okay what my phone call all right my phone man I don't I don't know my phone for memory it's in the car it's in the car dude oh let me get it you can get it tomorrow get it tomorrow it's at records it's records yeah you can go how going to get it you go over there and you get it how you go talk to them about it I'll give you all the paper yeah you'll get a receipt they Ain gonna let me get it man what do you think you got to pay him for the toe I know I'm not gonna pay for that there leave it there well then leave it there why do you want it back I need my phone well go talk to them about it tell them your phone's in there so what is that I need a flute that a what I need a flute a flute me BL yeah no no okay hold on hold on hold on hold on I'm going do that okay so hey wait wait stay there that's not that's not right well here here's what's going to happen dude if you refuse then you're refusing okay and then we're going to proceed with this like it's like you're not helping okay but this is your opportunity to show that you're not drunk right now yes I kind of was drinking man but okay well Hey listen listen I'm man listen if it's a little bit it's going to show that matter it's going to show that do matter it's not a big deal no not ready I'm not I'm not FL listen get three CH do you want to blow hang on not not I'm not doing okay do you understand that this is going to be refusal and this it's going to make it worse whatever you're refusing matter bro on M man come on I don't have to do that you're going to get three chances otherwise I need you to press R for refusal and after that what's going to happen you're going to catch him for the you white any right now listen I just want to find out if it comes back clear then you're clear no no not you don't think it's going to come back clear well how much do you think you've had to drink I was drinking like I tell was once well once is not drink not FL well if if it was only one you should be able to pass it are you refusing I need you to press R you need to push the r press R go press R for refusal it's going to happen you're going to refuse well you're you don't have a license anyway so now it's going to get probably where you never can get a license this is going to aggravate the situation quite a bit push R push R for refusal put refusal let me a phone call so can no you can push R for refusal this machine is that you're refusing not going to Blue Man Press refusal if you're refusing yes yes okay okay well at this time you're being charged of DUI anyway n okay whatever okay so take a seat yeah man why you going to tr for for what because you're drunk dude no I'm not I'm not drunk I the T and everything no you didn't and no no cuz I don't have to do that well I know my R if you well unfortunately you don't this has nothing to do with that so if you do this and you show that you're not intoxicated then you don't get charge of dii but as of right now you're getting charge of dii okay following the refusal the defendant Gilberto was charged with operate uninsured motor vehicle operate motor vehicle unlicensed two counts of failure to reduce speed and driving under the influence of alcohol or DUI on September 22nd 2022 2 years 8 months and 12 days after the arrest Gilbert Berto entered a plea deal which disposed the DUI charge as withhold judgment along with the former four charges as Noah prate this means the prosecution chose to no longer pursue those cases He was ordered to pay $1,581 and 50 in total assessments as of November 17th 2023 the defendant owes $981 one year later on September 21st 2023 the DUI charge was disposed as terminat satisfied this means that the defendant was never convicted of any crime related to the incident he was send to zero days in jail 12 months of supervision maintain employment must not possess illegal drugs no alcohol consumed cannot beware alcohol is sold no driving attend DUI school and attend a Victim Impact Panel