welcome back folks to the DUI Channel we are in Minot North Dakota we're on January 1st 2020 at 12 43 a.m award County Sheriff's deputy was traveling westbound on East Burdick Expressway a passenger car was traveling in front of the Deputy soon after his stop was initiated due to the vehicle's registration being expired in June 2019. the officer approached the vehicle to make contact with the driver as the investigation began hello how you guys doing man how are you doing well back to the Sheriff's Office you wear the registration expired in June on the vehicle their registration the sticker on your plate expired at the end of June you're quite a few months that were due for a new tab on your vehicle depends on what address you've done your registration but oh well I will okay so your old dress has probably got it there and you're not there registration if you give me a second yep go ahead and look again please yeah and an insurance card if you have one please okay I'm sorry it happens that's all right if you have the registration if you can find that with her too that'd be great [Music] okay I promise you my insurance is up to date I don't understand that but it's better to have it with us so I know I totally understand that I just don't remember where I put it you collect stuff over and over expired and I'm CPR certified here all right well that's always a good sign doesn't matter right now all right okay I work at the hospital I'll see if I can find your registration online if you can at least find your if you can log in on your phone maybe or do you have an app on your phone for your insurance I had a okay so I can hook it up online perfect that's easy that works this is fine you can look up my registration online yes I'll do that I promise all right okay uh let's see in Cody Cody will you step back with me real quick I'll just deal with you back in my patrol cart we'll get you out here as soon as we can all right you guys are dating yeah Taylor okay sounds good you do me a favor have a seat in the front passenger side of my patrol vehicle there real quick right they got everything off the floor there for you not as crunch is Tony's car he gets a little bit more stuff in his well he's a dog kilo he's a lifesaver how much do you have to drink tonight but how long ago was that okay sounds good they have a big countdown over there not really no this place packed no not as bad as somebody was expecting huh you feel all right to be driving all right uh might go out out patrolling tonight is DUI enforcement so that's why I'm not with you I just wanted to check on you and make sure everything's all right with you on that you're okay to be driving you mind doing some testing with me real quick make sure you're okay to be driving sure okay um maybe any head injuries recently no never seen a doctor concussion fell hit your head anything like that cracked open Staples no no okay sounds good when's the last time you seen a doctor U of T inspection okay commercial license is that it yeah it is all right oils so alive he's right that's what it is all right man what's your highest level of Education okay how much College you got okay what'd you go for it he's a mechanic okay sounds good you working in town here where are you working at are you feeling okay sounds good man uh say a level of one to ten one being completely sober 10 being the drunkest you've ever been where do you think you're at okay not terrible right you weren't any contacts at all right I'm just gonna check your eyes real quick if you don't mind could I return your back towards the passenger door my car I'll just do it inside where it's warmer in here okay I'm gonna move my fingers left and right in front of your eyes up and down I just want you to follow with your eyes and your eyes only to understand yeah okay could I turn you back a little bit more towards my roast your face on me Direct and just move your head a little bit this way so when I go this way I want to make sure I got enough room to move around okay yep you're good there bud make yourself comfortable man it's all good all right you can see the tip my finger there yes yeah okay sounds good uh just like I say follow with your eyes your eyes only okay just about done it was more nothing here is all right I'm gonna go straight up just make sure you keep your head still follow with your eyes but your eyes are probably going to go all the way up the top of your head you might not see my finger but just keep trying to follow it okay okay I've seen a little bit of nice stagness in your eyes nice thing this is involuntary jerking of the eyes it's usually caused by an onset of intoxication by either alcohol or drugs have you had any drug usage today no do you use drugs at all marijuana meth or anything like that okay um are you familiar with the alphabet es I'm not gonna make it back yeah no wait I don't know we're trying to get at it we ain't gonna know we're doing backwards man I can't do backwards I'm not gonna expect you to do backwards all right what I want you to do is cite the alphabet beginning with the letter g ending with the letter X just State each letter individually don't sing it okay go ahead h i j k l m n o p q r x e u v okay how about numbers you get with numbers okay let's start with the number 64 and let's count backwards to 43. so start with 64 end with 43. 62 61 60 59 49. 48 hold on one second I'm gonna have you start over in just a second can I have you stay in your vehicle for a second okay okay is there a reason no your Tabs are expired I went through that with you they expired uh six months ago you just looked at them they say June of 2019 on your sticker [Music] okay I'm sorry I need to have you step back to your car please thank you all right I just want to repeat the instructions starting with a letter or excuse me with the number 64 and ending with the number 43 so 64 to 43. you can go ahead and start over now that we're not going to be enough you know 58 57 56 55 or 50 53 24 7 46 47. 46. okay I think there might be a little bit more alcohol on board than you think there is my training experience training experience tell me that you might be over the limit to be driving do you think that's a fair statement to say do you think you should be behind the wheel right now no I know that but do you do you feel safe like you like you should be behind the wheel right now do you think you're okay to drive I'm gonna read something real quick all right all right 47 37 47.60 the officer shall inform the individual at North Dakota Law requires the individual to take a screening 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 you can send to take the screening test that I'm requesting just a breathalyzer here roadside to see where we're at no you don't want to do that not really I'm not refusing you understand that yeah I guess uh a no would be a refusal if you if it fuse okay do you want to say do you say yes then you want to provide a sample sure okay well not necessarily if you think that you're well if I say no well if you say no well I'll give you another opportunity at the jail to do it but I'll pay you under arrest right away for driving Under the Influence yes so if you want to provide a sample I'll give you the opportunity to do that okay well I'm offering a bread sample right now um give me one second here okay 47 37 47.60 okay when I tell you two I just need to take a deeper at the end hold it for about two seconds and then blow like you're pulling up a balloon until I tell you to stop okay it's a pretty pretty thick straw man it takes a lot of air to go through it all right calibrated about every six months all right go ahead and take a deep breath in and place your mouth around the straw and then blow until they tell you to stop okay you're not providing any air right now that's a pretty easy straw to blow through keep going keep going keep going keep going keep going no it's good insufficient flow man I'm gonna give you one more try to provide a sample all right you've been talking to me I know you can blow pretty easy there's nothing restricting this drop me blowing through it all right let's just take a deep breath and blow like you're blowing up a balloon go ahead whenever you're ready keep going keep going keep going keep going keep going no it's you're not blowing hard enough you're blowing and then it's slowing down where it can't read it all right try again yep I'll be willing to give you another chance man you ready take a deep breath third one's gonna be the charm keep going keep going keep going nope I'm gonna give you one more shot brother gotta get a new straw if this one doesn't go through because I know you're talking to me and it doesn't take much more breath than it does for you to talk to me I'm going to Market a refusal okay 47 54 47.60 you able to 25 with me here at my traffic stop dispatch has been updated all right go and take a deep breath if it times out this time that's what we're going to take care of okay keep going just like that keep going keep going keep going keep going almost there there you go that'll work that time it went through 0.206 that's almost three times the legal limit to be driving all right no place under arrest for driving Under the Influence okay why not Central 4760. mark this time 1083 1055 priors please all right I gotta figure out something with her in the vehicle all right have you been charged DUI in the past okay if it is your first time um if it is your first time the bond is 750 you just have to pulse 10 so be a 75 bond to be released tonight okay do you have 75 I need to think you can postponed at the jail and get released right away what's that probably okay do you need to talk to her to get money or do you have money on you okay sounds good I just want to give you I don't want her to leave if she's got money that she can give to you so you don't have to stick around okay subscribe we'll get you put in the back seat anything in your person I need to know about man any knives any guns any drugs any weapons not a little poke me stick meme okay [Applause] [Applause] beautiful here and put your hands on the car I just gotta pat you down real quick okay in just put your hands up here on the hood of the car do you have anything in your pockets at all but yeah I get my wallet wallet but my phone okay I feel the phone in there some keys it feels like yeah it's the keys to the car so if you give them to her okay awesome yeah I don't want to leave her Dutch to him it's a little bit Rusty here I don't want to slip and fall on you lost your slippery well looks like a rusty ground but it's slippery got some snooze yeah okay no wallet on you a minimum State going base towards me thank you very much no problem man I'm gonna say you keep it cool with me be cool with each other that's how it works all right go ahead and step back just a bit so I can open door up on the seat here that's gonna be getting your way all right I have a seat you want me to buckle you up or you want to stay like that I'm good all right sounds good I'm gonna talk with her real quick I'll be back [Applause] you got somebody you can call you got somebody you can call come get you oh no okay he's placed under arrest for driving Under the Influence so we need somebody sober to come pick you up okay you got a phone you can call some people I don't want to tow the car or anything so if we can save you that hassle I hoping somebody can come and pick you up I'm more worried about it yeah if it's his first offense he can get bonded up for 75 bucks to it okay can I just go with him can you go with him yes to the jail yeah I can't I can't arrest you and bring you with just because of that I understand but I'd rather bail him out for 75 bucks and get a ride home together okay but we got to do something with your car it can stay here or we're in the middle of the road so I'll tell you what let me hand you your ID okay I've got another deputy coming up behind me I'll have him work with you if you give him permission maybe he'll move the car for you and then he's in his pocket um I've got the keys on the top of my car he wanted me to give him to you so I'll bring them back for you okay hold tight do you just want me to sit here just sit there for now okay would you mind playing lift for me will you work with her to get a ride okay she is in no position to be driving either in the passenger seat uh I have to look on the cad real quick I don't remember I'll stop my hand I'm sorry bud what's he uh 0.206 oh yeah she's probably right there too following the arrest the suspect was transported to the Ward County jail for further processing and to perform a breath alcohol test the DUIs that I get on drugs are meth heroin they're the hard stuff yeah we don't we don't get yeah so I thought marijuana is somewhat legal nobody wants it they want the heart it's no fun to have marijuana but I was just always baffled my mind yeah you go through the same the walking turn the other exercises and but it's all visual impairment I mean it's not especially and then you can imagine that you can measure right no for sure for sure all right brother let's get one more done here real quick we'll get you through this process and get you on out of here we're gonna take a deep breath and go until I tell you to stop keep going [Music] keep going not blowing it off take a deep breath and try again keep going until the tone stops keep going keep going there you go that's good popped up the whole time all right let's have a seat back out there they'll start asking us some questions so we can get you through here so when you're bonding your money comes we can get John out of here all right after breath alcohol testing was completed the deputy read the suspect his results the lower of the two samples are at .190 breath alcohol content this is over two times the legal limit of 0.08 breath alcohol content to drive in the state of North Dakota the first test sample was a 0.19 your second sample was a 0.2 you're still coming up I don't think you're coming down off the alcohol yet okay like I said it's gonna use the lower of the two Soul one nine is what's going to be used for chord purposes okay I got a bit more paperwork I'm gonna give this video a copy of this and the other paperwork I got for you okay I'll be right back in a moment in court the suspect Cody represented himself and pled guilty to one count of driving Under the Influence or DUI 0.16 or greater First Defense this is a Class B misdemeanor in North Dakota between fines and administrative fees the defendant was ordered to pay a total of one thousand dollars this amount has been paid in full Cody was sentenced to 360 days of unsupervised probation two days in jail or 20 hours of community service in lieu of serving jail participate in a Victim Impact Panel and a chemical dependency evaluation