welcome back to the DUI Channel we are in Amory Wisconsin where on June 27 2020 at 11 12 pm and Amery police officer traveling Southbound on Harriman Avenue observed a silver 2002 Chrysler Town and Country heading Northbound after noticing that the vehicle was not displaying any license plates the officer turned his vehicle around and began following the officer then activated his emergency lights and Sirens soon thereafter the vehicle continued to travel below the posted 25 mile per hour speed limit until turning onto Warren Street and stopping on the wrong side of the Dead End Road the officer then exited his vehicle and approached the suspect as his investigation begins hey hey stop right there buddy okay did you see the lights behind you excuse me did you see the lights behind it hold on did you see the lights behind you no I didn't no actually did you hear the siren I heard of siren yeah okay everything's 1062 Connie yeah besides that no plates on the vehicle I'm out with the solder came from Connersville okay well selling the vehicle ever since uh doronda back there had lights on sirens on and you weren't stopping okay so that's why that's why I need to talk to you you don't have to put you don't have plates on the bus on the vehicle that's visible to me so that's why you're being stuck I'm sorry sir this I this vehicle I'm selling my other vehicle is right there in the back and I had to bring this back from Connersville okay you have very sorry about that all right do you have uh any identification with you oh yeah I can jump in the house and get identified all right just sit tight sit tight okay if you don't have uh if you don't have it on you we'll just take your information we'll run it okay okay just to make sure everything's kosher sure okay so you just bought the vehicle you said yes okay how many people were in the car just him just me 10 4 all right what's your name sir a James how much have you had to drink tonight sir oh I had a beer that's it just a beer yeah not only there's a mask and it's because I'm smelling just a little bit from you it's kind of a faint order but uh I want to make sure you're all right to operate safely so yeah I just had to be here that's it just a beer yeah okay all right sir I want you to talk with this officer for a minute I'll be right back with you okay okay sure how long ago do you have your beer oh about uh three hours ago about three hours ago yeah okay where is that at uh I was down in Connersville I have a shop down there in Connersville and I was bringing this vehicle up because I'm selling it and my other vehicle's sitting right there okay you said you only had one beer three hours ago yeah okay those your teeth on the ground or what what's that there oh yeah yeah those are okay all right yeah you guys scared me what's I heard my officer with those sirens and I was on the north on the town so he's it just scared me so much I was like oh what do you guys want you behind you for a while from what it sounds like just like that that scares me boy apparently the sirens shut off when you uh stop there all right James okay your license is revoked are you aware of that I know it should not be because I just did all the stuff on the computer uh to get my license reinstated okay and uh there's just an apartment where there's just a problem with the cone uh virus and stuff like that that they're just not accepting it at the moment sir okay cool they're not accepting it well yeah the computer system is not working the right way for them the 27 is coming also unconfirmed 99 out of wash Washington what are the conditions with PNP no we're not but I'm 62. I got it how you doing all right sir what I'm going to have you do here just sit there for one second hold on acting respectful and Cooperative manner whenever you are in contact with elite law enforcement yeah disclose your suspension status correction supervision status you'll not engaging any violent violent assaultive or threatening behavior stand for because from the 99 yeah go ahead and do that Tony we'll be 10 SEC fields okay James you want me to have you do I'm gonna have you step over this Direction please okay sir all right so what we're gonna do here come up come back over this direction okay all right what I'm gonna do here hey just stand right where my light is there how about that okay and then face me this Direction please okay what we're gonna do is a couple field so variety tests to make sure you're able to operate a motor vehicle safe okay okay you don't have any do you have any physical defects at all yeah I got a really bad ankle okay you got a bad ankle yeah you have surgery or what yeah I used to do professional high diving and stuff and they really did a job on mine okay do you have any problems walking uh a little bit but that foot drags a little bit that's all okay sounds good I'll take that into consideration okay all right the first thing I'm going to do here is I'm going to administer uh a test that we call the hgn test okay if you could just face me in this direction here sure all right all you got to do is basically look at the top of my finger okay and then follow with your eyes and your eyes only okay okay all right can you see the top of my finger there yes all right so just follow the top of my finger with your eyes your eyes only keeping your head still the entire time please okay or not not still but just follow with your eyes okay all right can you keep your head still try to keep it still sir okay okay tilt your head down sir and still keep looking at my finger please tilt your head down and then follow it with your eyes only on up okay you can stop there I'm going to have you stand right there where my light is and turn and face my patrol vehicle if you could sure okay so this next exam here is the nine step walk and turn test so what I want you to do here is I'm going to put you in an instructional stance so if you put your arms down to your side your feet together all right stay in that position and don't do anything until I instruct you to do you understand that my foot's a little funky though okay I'll take that into consideration all right now from that position when I instruct you to I want you to take a step forward with your left foot and take your right foot and place your right heel in front of your left toe just like this and just stop and remain in that position okay okay okay go ahead and do that for me now uh okay yep right in there now just hold up hold up in that position that foot won't hold okay that part won't hold okay all right just sit tight in that position if he gets there okay now from that position what I instruct you to I'd like you to take nine heel toe steps I'll demonstrate don't do it yet okay okay nine here little toe steps like so one two three and so forth until you reach your ninth step okay when you reach your that ninth step take your lead foot that's on the line there it'll be a nice imaginary line there take that lead foot okay okay pivot on that lead foot with a series of short choppy steps like this okay that's really hard for me and return and return back nine steps field at all okay while you're doing this not yet sir not yet sir while you're doing this keep your arms down to your side look at the tip of your toes count each step out loud and do not stop the test until it's complete do you understand everything I just explained yes okay do you need me to explain anything else again no okay go ahead whenever you're ready then sir one one two three four [Music] five six that won't stand that foot seven it won't stand eight nine turn around yep and one two three four five six seven eight nine okay that foot is so bad sir and that's your left foot yeah okay it did it crosses my balance completely okay understandable all right the next few sobriety test we typically administer is called the one leg stand test okay okay so what I'm gonna have you do is put your feet together again okay okay arms down to your side do not do anything until you instructed to okay okay from that position when I do instruct you to I'd like you to take one leg of your choice whichever leg you're most comfortable with okay and raise that leg of choice approximately six inches off the ground just like so with your toe pointed out okay while you're doing this you count one thousand one one thousand two one thousand three and so forth on up until I tell you to stop it'll be approximately 30 seconds okay as with the last test you keep your arms down to your side if you look at the tip of your toe while you're counting count each step out or keep counting out loud and do not stop until you are instructed to do so if at any point in time you put your foot down please pick back up and continue okay do you have any questions sir no okay all right go ahead when you're whenever you're ready sir all right I don't know what what to use this won't stand up really good what everyone stand one two three four five six seven eight nine ten eleven twelves keep going if you can that leg okay it won't go 13 14 15 16 17 18 19 20. okay you could you can stop that that's fine it it won't stand okay no I like I said I'll take that into consideration okay um sir uh what's the highest level of Education that you've ever completed uh Community College Community College can you just please take your hands out of your pocket that would be awesome thank you I appreciate that very much um so so uh you say college right yeah Community College right so you know your alphabet the ABC's yes okay could you do me a favor and recite the ABCs starting at the letter A ending at the letter Z without singing it so it'd be like eight yeah B C okay d e you know on up all the way till you hit Z okay sure all right if you can do that without singing that would be great uh go ahead whenever you are ready sir a b c d e g h i j k l m n o p q r x t u v w x y z okay sounds good so what I like to do here is just give you a this is called a preliminary breath test okay it kind of lets me know about where you're at however I've already kind of made a decision about where you're at in regards to your field sobriety here so this isn't going to play anything in here um this cannot be used against you [Music] so just gonna do a little calculation here okay this is gonna be a blank test okay all right let's get the show triple zeros okay yeah you see that yeah all right so just what I need you to do is wrap your lips around that tube and blow long and hard like you're blowing up a balloon it's a long it's a long sustained breath okay I'll hold it all you have to do is blow okay got okay perfect and take just a minute for you to read okay do you know what the legal limit to operate a motor vehicle uh under the influence of intoxicating is in the state of Wisconsin uh actually not sir I don't know that okay typically it's a .08 okay okay this is currently reading a 0.186 she is okay so when was the last time you had uh a drink well I had a drink uh I think about six hours ago you do me a favor just grab that plastic straw off there sure that's yours to keep there if you want so what's that now all right it's not just about six hours ago I was down in Connersville retrieving this vehicle because I'm selling this one my other vehicles parked in the back okay registered everything like that so okay all right so what is going to happen at this time uh you are going to be placed under arrest for operating while intoxicated okay and that's based upon you're driving the failure to yield and also uh your performance on the field sobriety test okay um I'll just let you know I believe that there is I don't believe it's confirmed yet but I believe there might be a warrant for you out of Washington County Minnesota that's what they were telling me more cap are you aware of anything that happened over there that maybe if you didn't didn't show up to court for or something or no not at the moment not at the moment okay you're on probation is that correct yes okay do you know what any of your uh conditions are oh yeah I know everything okay all right sounds good from Polk County yeah okay so what we're gonna do is we are going to place in custody at this time for operating while intoxicated okay uh your license is currently revoked so you're also being taken into custody on operating after replication okay so if you go ahead and turn around place your hands behind your back that would be great did I tell my roommates what's going on we can we can chat with them in a minute okay okay let's see you got a do you have any oversized cops yeah I got a broken thumb okay I'll just I'll try to place it higher out here and then you just gotta wrist uh because I have these here are bigger than normal you have a broken thumb sir yes I do I don't want to put that behind your back right now yeah you want a transport belt yeah I tell you what we might just do a transport I'm not giving you guys anything no I'm not I'm not I'm not saying you are okay I'm not saying you I'm not saying that you are but what we're gonna do here is one that's a little bit more comfortable and because of your uh the wrist condition and your thumb sure we'll just uh we try to work with people here yeah it's great so what would it we'll do we'll put that belt around you we cuff it through that and then we're good to go okay it should be a lot more comfortable for you because it's amazed busted pretty bad okay where am I gonna be taking too yeah I'm just gonna reach around here all right just for the time being we're just gonna go like this okay okay go ahead and put your wrist right there so then just sit tight here for a minute okay I'm just going to remove these for the time being do you want this thing or what should I do with it you know what this is your vehicle here yeah we'll just set it right up top here okay for now okay great okay pennies the 99 is also confirmed 10 4 15 is 10.95 was he on an O2 okay so we're gonna have you walk right back this direction okay all right before you get in the squad here what we're going to do is we're going to pat you down you don't have anything on you that'll poke or stick me no no no knives no needles no no weapons no okay absolutely hey take a step forward for me and I'm just going to put all your belongings right up here okay another one a quarter or something is that the key to the vehicle yes sir okay all right if you go ahead and spread your legs for me okay and then we're just gonna have you have a seat here please okay okay sure sir yeah if you could just talk to my roommates and tell them what's going on okay now we can we can take care of that okay thank you all right thank you in the search of the suspect's vehicle the primary officer located drug paraphernalia between the front seats the field test indicated a positive result for the presence of THC the officer also found four Natural Ice beers located on the driver's seat in the suspect's vehicle following the search of the vehicle the arresting officer read the suspect James the informing the accused form to which he consented to providing a blood alcohol sample okay James will you submit to an evidentiary chemical test to your blood yes or no yeah yes excellent the sample yielded a result of 0.164 grams ethanol per 100 milliliters two days after the arrest James was extradited to Washington County Minnesota on a felony warrant on March 2nd 2018 two years three months and 27 days before the extradition Minnesota state patrol responded to a call on Interstate 94 regarding a potential hit and run James was pulled over and following an investigation was eventually arrested a blood draw warrant was secured and the suspect was taken to Lakeview Hospital to provide the chemical sample the sample yielded a blood alcohol content of .019 percent along with lorazepam which is a drug used to treat anxiety and Alprazolam more commonly known as Xanax although the chemical test result was less than the legal blood alcohol limit to drive in the state of Minnesota James was charged with driving well impaired or DWI under statue 169 a DOT 20 subdivision 1 Clause 4. because the suspect additionally confessed that the aforementioned drugs may have contributed to striking two vehicles in court the defendant pled guilty to the sole count of DWI on November 12 2020 4 months and 14 days after extradition He was ordered to pay a total of 5162 dollars between fines and fees as of September 18 2023 the defendant has an outstanding balance of 662 dollars this is due to ninety percent of the fine being stayed for seven years or until November 12 2027. this means that the defendant will likely not have to pay if the rest of the terms of his sentencing are satisfied he was further sentenced to 42 months in state prison stayed for five years conditional release after confinement for five years sentenced to jail for 180 days with 21 days credit and supervised probation for five years back in Polk County Court Wisconsin the defendant was charged with operating with prohibited alcohol concentration possession of drug paraphernalia operating while revoked revocation due to alcohol controlled substance or refusal and operating while intoxicated or OWI fifth or sixth offense however due to a collateral attack nearly two years after the initial charges were brought forth two more OWI related offenses amended the charges to OWI 7th 8th or 9th offense on November 8 2022 two years four months and 12 days after the arrest the suspect pled guilty to OWI a class half felony in the state of Wisconsin He was ordered to pay two thousand five hundred and two dollars in court assessments as of September 18 2023 the defendant has an outstanding balance of two thousand and two dollars he was sentenced to three years in state prison four years of extended supervision a life sense revocation for three years and required to use an ignition interlock device for three years Additionally the suspect was ordered to maintain absolute sobriety not allowed to operate a motor vehicle unless properly licensed cannot vote until civil rights are restored cannot hold elected office may not possess or use Firearms ordered to provide a DNA sample and participate in an alcohol and Other Drug Assessment