welcome back to the DUI Channel we are in mundeline Illinois where on January 17 2020 at 1030 p.m. a mundeline police officer noticed a vehicle with front end damage facing Northbound in the eastbound Lane of allenson road as the officer approached the scene of the crash he noticed several pieces of debris on the road approximately 50 ft away from the vehicle near an electrical pole he then spoke to the driver as his investigation begins you all right yeah I'm all right where you coming from I'm coming from work I mean where you work at okay this is obviously not what I wanted to come come home to but well yeah cuz you hit that over there and then you got out and then went sideways I don't even know if I hit anything I feel like it just hit some ice and then went sideways um is there any chance you could try and get me a jump I probably could get it home you been drinking ton night at all I had a couple beers I went to hits and then had a couple beers okay do me a favor grab me your driver's license yeah there's no problem home if you can have a circuit and jacket ready 2126 can get an additional unit4 2122 I bet you had plenty of calls T Night Like This yep here let me get my a jumper pack or anything let me get your license first and then we'll go from there sucks how many beers you say you had hits one or one or two one or two nothing crazy okay I was going back there after coming home to get my license cuz I forgot it there so okay 2126 1X file this sucks try to start my car again well you could get in the car and hang tight in there for me but I need the keys out okay okay so even if I start it it's not a big deal take the keys out have a seat and then I'll get you back out okay so don't try and start it take the keys out okay okay give me the keys go to your car go to your car yep take your keys out already out we see them yep here you want them all right yeah I'm good how's it going it's going all right probably a better day huh definitely a better day all right why are your hands out like that just to make sure you have any weapons just to just to make sure all right man if you don't find any weapons pretty cool right yeah I know where I just don't want to all right did you did you hit your head or anything like that no you're not injured or anything no I don't I I don't feel injured no you don't feel injured okay I mean [Applause] actually okay oh ask for his insurance info hey bud you got your insurance yeah I have it on my uh phone on your phone yeah go ahead and pull it up for me I'm going to bring it up right now yep I'm sorry it might take a little bit it's okay otherwise how's it going tonight uh like I said before it's going pretty good it's just cold weather kind of sucks I know I worked in this all day so you know what we'll focus on the insurance in a little bit okay do do me a favor come on out of the car and we're going to see my squad car over there uh across the street yeah we're going to take a walk on over there okay I there's nothing to really lock up but yeah you're more than welcome to they leave the keys y all good I'll hold on no you're all good bud come on with me no I know I'm trying to find the keys I got them I gave him to the officer yep no problem Budd once the officer completed the vehicle crash paperwork he moved the suspect to a location which had been plowed cleared to perform a field sobriety test what do I have what do you mean options so to me what happened there in your speech and your eyes leave me to believe that you drank a little bit more than just a couple beers okay okay what we're going to do is called the SAT nights field sobriety test to check your level intoxication okay if there is or isn't um would you like to partake uh it's kind of cold I mean what do we have I that's not what do you mean what do we have I mean it's called out decide okay what do we have to do so there's three series of tests I check your eyes there's the walk and turn and then there's one leged stand otherwise otherwise you can blow give me a breath sample that's completely voluntary and up to you if you want to give me a breath sample that's up to you okay would you rather just do the breath sample 24 um y I felt like I only had a couple beers I mean so if I blow awkwardly it wouldn't matter right that's up to you it's completely volunteer and up to you if you'd rather just give a breath sample rather than doing the the field saret test that's your option okay but I want you to know it's completely volunteer and up to you if you want to do that rather than do the fueld so can we do this variety test and then after that see how it goes well I'll perform the fields and then at the end of the fields I'll let you deter at the end of it if you want to give me a breath sample or not again that's completely up to you involuntary okay okay um otherwise I just go in your Cruiser not saying anything right now but I'm just letting you know if you refuse all tests it is an option okay uh I mean I just had a couple fears from hits so and if you only had a couple beers the breast sample is going to show that you only had a couple beers and it was an honest wipe out due to the weather I mean I shouldn't been driving anyway so that's a good point why do you say that cuz it's terrible outside I mean I just went back to get my license okay so so again it's completely up to you what you want to do here but you got to make a decision okay you can do the fields you can do the breast sample that's completely voms you do both you do one or the other uh again if you only had a couple beers by giving me a breath sample it'll show that so A sobriety test would be like walking down the line and coping whatever pretty much yeah otherwise we just blow and see how it goes exactly yeah so if you give me a breast sample and you're under a 008 this is an accident and you go on your way do you mind if we try that to do the breast sample first yeah okay I'm absolutely okay with that um mind grabbing it yes sir thank you do you mind if I search real quick I know I hear you go ahead and put your hands on the bumper for me okay on the push bumper here yep during the search of the suspect nothing of evidentiary value was found of note before administering a preliminary breath test the officers conferred with one another and ultimately forwent the breathalyzer there was no explanation given in the police report while the officer's conference was muted Upon returning to the suspect the officer began administering the field sobriety test do you mind if I Le public place in a public place all right so we're going to start before we begin do you have any any pre-existing injuries are you on any medications and have you had a recent head trauma that you'd like me to know recent no I have been uh what do you call uh diagnosed with ADHD recently not recently okay um but I have been are you on any medication for it right now no okay so I my hands are freezing yep uh so this is going to be the stimulus so it's going to be thep finger okay okay I'll TR my rest keep your head still follow my finger with your eyes only keep following my finger with your eyes until I tell you to stop you understand the instructions so watch your finger yep put your hands under your side you don't have to keep like that like that yep put your feet together perfect 316 4279 4 320 sorry my hand's are freeing sorry I'm focused on my car getting towed right now so just keep all my tri girl okay all right okay so next we're going to do uh is called the walking turn test okay can I ask you something yes why are they already Towing their car it's not drivable butd so your airbag went off okay so when the airbag gets deployed it makes the vehicle undrivable at that point okay okay and and after you hit the light pole you rip the bumper out there's cool lincol all over the place it's not safe to drive right okay okay I won't argue but okay you think it was drivable in the state it was in it definitely did not hit the light pole but I won't talk anymore so I don't I don't know how this goes this is not my exper I'm just asking CU I I wasn't the one who first rolled up on you but you're saying you didn't hit a light pole tonight okay I don't see any light pull damage oh well there there's no light pull damage but your car your bumper fell off on the light pole and then you skid it out and then your airbag deployed and you have extensive front end damage so you don't remember hitting the light pole no what I'm saying is that I did not hit a light bul I know I didn't I looked at my car in the first place okay well or or the wires not the light pull but you hit the telephone wire pull okay all right so what we're going to do now is what do you want me to do bring him bring bring him over there where it's open okay come stand over here for me bud come here come stand here for me okay come here stand right here right next to you right here okay stand right there right there okay so we're going to use this line right here okay so we're going to go straight that way using the entire concrete okay that way you're not on any snow does that make sense line so we're going to just kind of pretend a little bit that there's a line going from where you're at down to the sidewalk okay down to the curb right there so where there's no snow or till the bank so it's going to be right here okay okay so you're going to go in a straight line right here does that make sense yeah it makes sense okay so first you're going to place your left foot on the line so like we're talking about so like right now you're going to put your Left Foot Right Here y so okay go and do it okay place your right foot on the line ahead of your left foot with heel of your right foot against the toe of your left foot so you're going to be here right with your left you're bring your right and you're going to put it right in front of your left okay yep perfect uh place your arms down at your sides just like how you have them perfect maintain this position until I've completed the instructions do you understand yes okay when I tell you to start take nine heel toe steps turn and take nine heel toe steps back when you turn keep the front foot on the line and turn by taking a series of small steps with the other foot while walking keep your arms at your sides watch your feet at all times and count your steps out loud once you start walking do not stop until you have completed the test do you understand the instructions so you want me to walk nice so I'm going to demonstrate yep so I'm going to demonstrate for you real quick okay so Left Right hands down to your side right while looking down and Counting out loud you're going to go one 2 3 4 all the way to nine okay once you get the end you're going to take a series of small steps like this to turn and take nine heel toe steps back okay at all times look down at your feet and count out loud start now all right but once you start do not stop is clear no record n and turn around [Applause] mhm crazy yeah we're done okay you're done you're done stay right there for me yep so now what we're going to do is the one leg stand okay please stand with your feet together arms down to your side just like this perfect uh do not move from this position until I tell you to do so do you understand yes okay when I tell you to start raise one leg either leg with the foot approximately 6 in off the ground keeping the raised foot parallel to the ground you must keep both legs straight arms down to your side while holding that position count out loud in the following manner 1,001 1,2 13 until told to stop okay keep your arms at your sides at all times and keep watching the rais foot do you understand yes I understand can I ask you a question hold on let me demonstrate for you yes so feet together arms down to your side whichever foot you want to choose is completely up to you okay you're going to raise in you're going to count 1,1 1,2 13 looking down at your foot the entire time okay while counting no count for 30 seconds 30 yep or just keep counting till I tell you to stop okay okay do you understand yes I do can I ask you a question go ahead it is freezing out and I have to use the B does that make a difference no okay cuz we're all out here so use whatever foot I have to whichever foot you want to use all right I will all right do you understand ready up till 30 just go until I tell you to stop okay ready begin 1001 1002 1003 1004 1005 1006 1007 1008 1009 1 10 101 102 13 1145 okay okay so then the final test like we were talking about before this completely volunteering up to you okay would you like to give a breath sample I mean what's your first name Bud my name's Jake Jake okay first uh what other options Well here here's the thing Jake all right so off Randy through the field testing okay yep all right you admitted to drinking there was an accident that occurred okay totality based on how you performed okay we have enough to arrest you for DUI I understand this breath sample gives us an opportunity for you to show that you're under a 0 weight because you said you only had what two beers okay so if that's the case you blow under 08 then you're good to go okay but this is just another tool that we use all right to determine your level okay so go home or just like good to go I well it's up to offic but if you're under a 08 okay that's under the legal Li all right so the keys otherwise I just go with you or go home I would be able to get you you up yeah or you live in town could Dr at home I do live at home but I mean I don't think I was that crazy I mean you probably hear that all the time but it is also shivering outside that's fine Jake so are are you going to do are you going to do the uh PBT or no um it's quick and easy all you do you take a deep breath you blow through a straw and then you're done that's it otherwise what's the other option like I said we are arresting here for DUI based on your performance you're showing multiple signs of impairment multiple signs of impairment yes because it's shivering outside and you showed multiple signs of impairment so either you provide the breath sample or not pretty simple can I ask you one more question yes sir if I don't blow what happens you're getting arrested for DUI because based on yep right now so up to you I guess what I should try to blow right it's up to you I mean it's not hard to blow it's like blowing bubbles through a straw you just take a deep breath one quick exhale and you're done do you think you can do that I mean I think I can do that but I mean it doesn't mean I want to this he can only help you at this point okay I being honest with you I wasn't trying to do anything crazy I just nobody said you were but we're just letting you know right now that this is the only thing you can do right now to help yourself right now it's at zeros right like I said if you're going to give a breath hip all you got to do you blow through the straw real quick and that's it are you willing to do that I mean otherwise I just go to jail yeah based on how you performed you're showing multiple signs of impairment so it's a yes or no answer you either blow through the straw you said you're you said you only had two beers right I had like two yeah I coule beers okay if that's the case and you at hits for you know a per of time then you should be well under the legal limit so this is your opportunity to prove that you do that I'm I'm just trying to think sorry I we're done past the the thing of part cuz we've been asking you this for like the last two minutes so it's either a yes doing a bunch of other things so I just I just want to make sure what I'm doing is correct so I'm also shivering cuz it's cold outside that's fine but this is going to show that you're just shivering and it's not an impairment issue that's the case then yeah you'll blow well on legal limit so are you going to do it or no um I'm sorry I'm still shivering and shaking so um what otherwise you just take me to do you want me to answer this for the fourth time yes it's either you blow or you don't but either you do it or don't so give me an answer uh sure let's try deep breath blow through a straw ready blow perfect it wasn't too bad right no see how easy that was all right and like I said you know the legal limit in Illinois is a 08 correct 08 yeah 8 08 otherwise how you guys doing tonight you asked that like five times to my man I never got an answer so yeah he he told J said it was pretty good it was just cold and bad weather it is bad weather all right so 8 in legal limit in Illinois you're at a166 so you're two times the legal limit okay holy trans bind your back you're under arrest for Dy all right can me ask you what's going on next so now your car is going to have an administrative toe which my partner will explain when we get back to to the station okay you're going to go back to the station he's going to book and process you which basically he's got to go through some paperwork with you you'll get a couple of traffic citations okay then you're going to be released on the signature bond which is basically you're going to have a court date going to give you all the information for that court date all you're going to do is sign for your release so you're not spending the night in jail or anything like that it's going to take about an hour or so just to get you through all the paperwork and then you will find someone to come pick you up or we can give you a right home okay okay so you're saying I could walk home from the no no you can't walk home you either get a ride or we have to drop you off but you cannot walk you're intoxicated so my partner will explain all that once we get back to the station okay 2123 26 is one in custody 55 so I just call anyone I want to yeah you call your parents have them come pick you up station can I use my phone to use uh yeah okay go and take a seat for me watch your head okay hey can you just toss that in the front please thank you sir didn't mean to put you through this trouble butd otherwise I just call one of my friends or something yeah you you call your friends come get you too otherwise I'm arrested for DUI right now yes okay following the arrest the suspect was brought to the mundeline Police Department for further processing while there the suspect was read the Illinois warning to motorist form and asked to provide a breath alcohol sample to which he complied again it's the same thing as like on the street you just take a deep breath and then it's a continuous breath into the two until I tell you to stop simple enough good so you like to do that come on up stand up know be ready in just a second here all right we going to go ahead go ahead and blow I hold it no I hold it okay ready yep when you're ready deep breath and then continue to Exhale into the tube keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going perfect go ahead and have a seat the breath alcohol sample provided yielded a result of 203% in court the defendant Jake was charged with operation of uninsured motor vehicle failure to reduce speed and two alcohol related counts of driving Under the Influence or DUI on March 6th 2020 49 days after the arrest the defendant entered a plea deal which disposed one count of DUI as withhold judgment while the three remaining charges were disposed as Noah PRI this means that the prosecution chose to no longer pursue these charges He was ordered to pay a total of $3,452 between fines and fees this amount has been paid full nearly one year after the plea deal on March 4th 2021 the single charge of DUI was disposed as terminated satisfied this means that the defendant was not convicted of any offense related to the incident Jake was sends to zero days in jail 12 months of supervised supervision 100 hours of Public Service ordered to maintain employment cannot possess illegal drugs no driving participate in administrative sanctions program must not possess Firearms no alcohol consumed must be nowhere alcohol is sold no bars or taverns and attend DUI School