welcome back to the DUI Channel we are in Grand Forks North Dakota where on March 1st 2020 at 1 33 a.m a University of North Dakota police officer observed a gray Nissan Pathfinder almost striking the curb on Demers Ave on multiple occasions the vehicle was also displaying out of date registration tabs when the officer activated his emergency lights to initiate a traffic stop the vehicle drove left over the center median and came to a stop in the eastbound turn lane facing oncoming traffic okay so you got to sign in yeah warming out I'll be there oh sorry is there a Auto proof of insurance [Applause] for 4 28. yes sir okay and then you have your uh okay but what happened I left it in my jacket okay yeah but I mean you can you can check it uh with my license okay yeah you'll see it it is very registered okay yeah I saw it on the computer but you just don't have your tabs on your vehicle yeah I love being my jacket okay I have the stickers and everything else yeah but I mean I I just I just don't have it on me here because I left it in my my work jacket okay um when's the last time you had a drink uh that was long what's that that was long time ago a long time ago yeah we had been drinking it all tonight no no where you come from I'm from up front from a friend's house yes okay do you take any medications or prescriptions or anything yeah I'm on uh I have a high cholesterol okay yeah I have a high cholesterol I have a um track glass already okay High glasses uh try glass away okay yeah those are medications okay um one second I'm gonna run your information uh insurance is good and then you say you don't have your registration right no sir okay but but all of the registration here is good yep I did I did all of it all good okay but I just don't have the uh but let me let's uh okay I can get this stuff yeah yeah go for it I even love it in my jacket the other one yeah okay I have all of them All of Me Okay um I do have uh I do smell an orphan alcoholic beverage coming coming from the vehicle um oh will you please step out and will you do some tests for me yes make sure that you're okay to drive yes sir okay you can go put your stuff back in your pockets okay um for the time being yes sir um oh that's not no is that yours okay um do you have any weapons on you no no okay I'll be walk back here because I'm gonna for safety reasons I'm gonna move your vehicle to the other side of the road so we're not on oncoming traffic okay your turn okay okay then uh we'll we'll just do the testing right in here then okay okay do you mind if I just pat you down and search real quick you're fine with that yeah okay fine you're just gonna put your hands in the car for me quickly let's go ahead [Applause] 10-4 okay all right I'll be uh still over here and then we come over here okay well actually we'll step over this closer this way because I don't want us to be in traffic yes sir okay will you turn oh thank you all right do you have any have you ever had any head injuries at all any concussions or anything like that am I getting Africa back in Africa is that where you were born yeah okay we're in Africa uh West Africa I love you okay how long you been here five years five years see you learned English pretty well I mean yeah okay I do it's I mean it sounds pretty well uh do you mind either taking a half or just flipping around backwards for me yes sir no I I can't think of that you're gonna take it off here all you can see like right here yeah you can see the Magnum we got a mark for uh you got hit or something yeah how old were you when that happened uh 30 30. yeah I'm 35 now okay all right can you see the tip of my pen yes sir you ready yes okay um you said you uh head injuries a long time ago but the medications you know uh does it affect your vision at all like you can see fine right now yeah in fact I'm not visram before okay but when it like recently when it first happened I mean like when it first happened yeah and until then okay I'm using glasses yeah you have contacts or no no at night at night yeah are you supposed to wear glasses yeah yeah where you got them tonight no I don't know you just don't got him with you no okay all right uh for this first thing I'm gonna have you do is just hands on your sides and then just looking with this pen okay the tip of the pen is when I move it left to right keep your head still and then just follow it with your eyes okay yes sir okay thank you [Applause] a couple more times keep going if you lose track of the the pen just keep looking that direction okay yes sir you understand yes sir all right [Applause] [Applause] keep looking in that direction yes sir [Applause] [Applause] foreign [Applause] [Applause] still okay and then just with your eyes keep your eyes on the tip of the pen okay [Applause] and One Last Time same thing keeping your head still [Applause] oh you're gonna I got uh two more things we'll have you do okay yes sir we should what's up you're back up okay thank you are your hands cold not really okay a little bit cold but it's not too bad not as it was before yeah all right we're gonna have a keep we're gonna walk backwards a little bit you can turn around and walks yeah okay we'll just starting from like right here I'll be face this direction how's this let's come over here yep come over here and stand right here and I'll have you just wait like this while I instruct this next portion okay okay all right can you pretend that there is an imaginary line going out in front of you you don't have to walk on it right now you don't wow don't start until you tell you to start all right yes sir you understand okay and if you stand like this and then pretend that there's an imaginary line going out and I need you to put the tire Oh no just like in between your feet just imagine there's a line yes sir okay I'm gonna have you put your left foot on that line you can go ahead and do that now and then put your right foot directly in front of it like so like keelato there you go and then keeping your arms down by your sides okay so you understand all right I need you to stay in that position while I can tell you the rest of this or I'll instruct the rest of this okay all right and don't start until I tell you too all right in this position when you go I'm gonna have you look at your feet keeping your arms down by going nine Heel To Toe steps don't start you can go back to the waiting okay right there stay in that position and then you're gonna take not nine Heel To Toe steps out like so one two three four five all the way to nine okay and then once you get to that ninth step keep your foot on the ground take a couple of small steps turn around and walk back Heel To Toe one two three four and so on until you get to the end okay so I need nine heel toe steps out make a small turn and then one two three nine one two three to nine with your eyes down looking at your feet arms down by your sides and Counting out those nine steps yeah until you get to the end turn around and take the same thing all the way back nine steps heal the toe you understand no yep you can go ahead and begin one two three four five six seven eight nine one two three four five six seven eight nine okay all right and now if you turn and face me for the last one okay so if you stay the hands on my sides okay this one I need to keep your legs straight and you pick whatever leg you want you don't have any problems with your legs do you no okay next one I'm gonna have you do is keep the legs straight pick whatever leg you want to to lift up off the ground okay lift that your foot up roughly six inches off the ground and I'm gonna need you to count one thousand one one thousand two one thousand three while keeping your arms down by your sides pointing your toe and keeping your foot raised yeah oh yeah so you're doing it you you like yeah it's cold it's a little it's a little cold out so but I mean when I'm doing it right yeah so yeah you understand yeah leg straight take a leg no matter which one you want no six inches I don't mind okay all right it's got our core right now because yeah yeah so all right you can go ahead and begin one thousand one one thousand two one thousand three one thousand four one thousand five one thousand six one thousand seven one thousand eight one doesn't nine one does intent when I was in eleven one thousand right keep your toe pointed and look at your toe yep 1012 10 13 19 1019 1020 1021 1022 1023 1024 1025 1026 1027 okay even one stop okay um how many of you uh stepped back to my vehicle I gotta read something okay yes sir all right locked again you can grab your hat too if you want oh it's right there in the hood thank you so yeah we'll come over to this side I need to take a seat for me please okay I'm just gonna pull up a little bit okay how do you say first name again yes sir okay um I'm gonna redo this okay yes sir all right the official inform the individual that the North Dakota law requires the individual to take a screening test to determine whether the individual is under the influence of alcohol and the refusal of the individual to submit to a screening test may result in the revocation of at least 180 days and up to three years in the individual's driving privileges you understand what I do understand what I just read uh really that what what does that mean um I'm going to uh ask you to consent to take a uh breathalyzer yeah um it's just a little handheld one you blow into a tube and then it clicks do you uh do you um will you be willing to take that for me yes sir okay will you do me a favor um will you spit that gum out please okay yeah I have to wait three minutes so right now it's 1 51 and 30 seconds so in three minutes um I'll grab the little tester and we'll take that test okay yes sir all right [Applause] well I saw right away and I didn't want to stop the test and I just kept going the night yeah if you're in the middle yeah like if you see it on hgn and then after each again just happened to spit it out yeah okay have you ever taken one of these before no no okay it's pretty simple you just double check this now oh yeah for a second okay thank you you just um like I said I'm putting on a fresh little soup here taking on the package you just when I uh when I started and I tell you to go you just put your mouth around here make a Tight Seal with your mouth and then blow until I tell you to stop okay and I'll hold it [Applause] all right ready look crap you gotta wrap your lips around the tube and blow it's it's still gonna count as a refusal and if you don't do it correctly okay either either way okay yeah I can do it all right ready deep breath in low heart pretty boat harder harder harder harder harder harder keep going keep going all right all right you gotta wrap your lips around it you can't leave spaces you gotta put your lips around the tube no I'm doing it so you're leaving and you're blowing out the side of your mouth yeah I'm I can use my eyes I can see that you're not doing it correctly okay no uh what happened is uh I have uh respiratory oxygen respirator at work that I have a problem with breathing Okay so I mean okay I might be we'll give we can give it one more shot okay yeah ready grab a respirator at work or you have a mask a dust filter in there no I have a oxygen Like Oxygen and I put it on my on my head I work with okay I have this uh right it to give you clean air but yeah but how does that make you hard breathing that's to protect you no uh the one the one that other people have that they just do half marks yeah but for me I have the whole face okay yeah because I have a problem with my my lungs yeah okay all right just take a deep breath in yeah you got to close your lips because having problems with your lungs doesn't control your lips okay you gotta make sure that your lips are closed on the tube and then blow okay ready blow people okay all right one more try here yes you need to wrap your lips tight on this tube airtight seal the entire time you cannot blow out the side it all has to go through the tube so take a deep breath yes deep breath in fill your lungs wrap your lips around this make it Tight Seal so no air can come out the sides all the air goes through the tube yes and then like you're blowing up a balloon do that for me right now do that right now nope that yes that okay okay like that all right okay all right and then this into my instructions and keep going until I tell you to stop okay [Applause] all right so wrap it up around around the tube airtight ceiling blow hard a little hard [Applause] it's going for and we'll show you what it says there you go [Applause] [Applause] okay even with the small sample that we were able to get it's a 0.142 and that's still over the legal limit of you know having alcohol in your system it's 0.08 okay oh it's 0.08 yep okay okay got it I'm gonna right now I'm gonna place you under arrest before driving on the influence of alcohol will you stay in the seat and just turn and face away from me [Applause] let me double lock them so they don't keep locking on you [Applause] foreign [Applause] it was one it was 154 and 30 seconds okay like I said you're under arrest for driving on the influence of alcohol okay now I'm gonna have to read you one more thing since this morning I could even just talking to you now even coming out of your vehicle I can still smell you know order of an alcoholic beverage on your person and coming from you okay yeah so uh another but I mean like I wasn't doing this yesterday I wasn't drinking since today since today no okay even no hold on a second let me I'm gonna have to redo this one other thing okay it's similar to the last one all right what actually I'm gonna have to read you two things you have the right to remain silent anything that you can anything that you say can or will be used against you in a court of law you have the right to an attorney and have them present while being questioned if you can afford an attorney one will be provided for you prior to any question if you wish you can decide at any time to exercise these rights and not answer any questions or make any statements do you understand uh I wish I would make any statement do you understand what I read to you though potion eat it I don't know okay you have the right to win silent you understand yeah okay you have anything that you say can or will be used against you in a court of law you understand that nope anything that you say can or will be used against you in court you don't understand that no anything you say can be used as evidence against you yeah I'm not saying anything no no but do you understand what I'm saying to you what you say could be used against you yeah no sir okay you have the right to an attorney do you understand that attorney meaning legal representation lawyer a lawyer you guys gonna provide that I'm kind of cool a little bit okay but you understand that you have a right to a lawyer though or an attorney no that means you guys going to provide that not us personally but they will provide you one for court I don't have some you don't have an attorney no okay then when when we get to uh when they book you in you can fill out the paperwork at jail and then you can fill the paperwork to get an attorney okay that means uh the antonyms no they don't have any Attorneys at jail they have the paperwork so you can get an attorney unless you have one that you know that you want to use okay if you cannot afford an attorney one will be provided to you and that's the paperwork I'm talking about okay when is that people work after we're done you can ask them and they will give it to you and you can fill it out okay if you have any questions they can help you fill it out and you understand that anytime you decide you want to stop talking to me that's you're right you can do that yeah you understand that yes okay I have one more thing to read to you [Applause] the law enforcement official shall inform the individual North Dakota Law requires the individual to take a chemical test to determine whether the individual is under the influence of alcohol or drugs and the refusal of that individual to submit to a test decided by the law enforcement officer and they result in the revocation of the individual's driving privileges for a minimum of 180 days and up to three years okay do you understand uh no three years I mean what if you refuse the chemical breath test that I'm going to offer to you I'm going to request that you take if you refuse to take that meaning if you can't provide the sample or you just say no thank you that could happen to you the 180 days and up to three years you're driving privileges will be suspended and you will be charged with another crime yeah there's a separate crime for that it's the refusal to submit to a chemical test but I just did that's there's two separate machines that's a little handheld one on the street there's a bigger machine at our office that we request you to take it gives a print it prints out like on a piece of paper it prints out the results so you can have the results that's what it is oh good okay do you consent I mean I'm I'm already kind of cold because I didn't wear a real okay so I can shut the door in a second but right will you answer my question yeah were you consent to taking that chemical breath test then we got breath test a little a breath test on the bigger machine the one I just did was different that's a screening test oh it's just uh okay no problem sir do you want to take were you consider taking the other breath the chemical breath test no I don't I prolonged that okay all right all right following the arrest the suspect was transported to the University of North Dakota Police Department where he submitted to a chemical breath test which yielded a result of 0.154 breath alcohol content 39 days later in court the defendant Goshen represented himself and pled guilty to one count of driving Under the Influence or DUI .08 or greater first offense this is a Class B misdemeanor in the state of North Dakota between fines and administrative fees the defendant was ordered to pay a total of 750 this amount has been paid in full Goshen was sentenced to 10 days in jail of which 10 days were suspended and 360 days of unsupervised probation he was further ordered to complete a chemical dependency evaluation and violate no criminal laws