welcome back folks to the dui channel we are in vail colorado where on january 13th 2020 at 12 40 a.m failed police received a call regarding four males smoking marijuana in a parking garage on route police intercepted a vehicle matching the caller's description that was leaving the scene of the reported incident the officer eventually caught up to the driver who was observed having difficulty staying in their lane and also appeared to have used their turning signal on i-70 where an exit did not exist upon exiting the interstate the officer pulled over the driver whereupon his investigation began hey sir how are you doing how are you what's what's wrong with their throat i'm from argentina okay i'm used to warm places okay are you sick or what yeah okay okay do you have your license with you yeah okay is this your car yeah it is did you just buy it yeah i buy it uh a month ago okay i'm studying english in denver okay so you're living down there yeah i mean my professors i'm sorry i'm my house brother teacher my english is not so good okay we are at our teacher's house okay can i see the insurance and registration okay where are you guys headed to we are starting spring international language center where you stay in the night littleton no no no we are saying it's down down here it's english it's really i'm sorry we are going down here it's like a block and a half a little bit more okay all right yeah four four seven charltons chamonix yeah ceremony lynch that one here okay i'm sorry bro it's really hard for us from argentina okay okay how are you someone said that you were smoking marijuana in here before you left marijuana yeah we were smoking we weren't smoking you did not smoke no no i was we like my friends in this car like um 10 minutes ago we are waiting to go up our house and some of us smoke but not me you did that right in the car but they were doing like capsule here he was driving and i was like checking them up but we weren't smoking we dropped him like so your friends were smoking in here yeah not all my friends just two they're not your friends though yeah yeah yeah just two of our friends okay okay cause it smells like marijuana yeah i know yeah that's a reason i can see the marijuana canister over there no okay another one yep all right sit tight okay okay call me girl okay buddy so you only speak a little bit you know i speak not so good but i speak can you understand me yeah yeah how much have you had to drink tonight like i bring like uh three cups of beer three cups like a normal pint size oh no like oh just like a glass break fight in progress we're good see ya thank you okay so three drinks no three drinks no three cups of drinks okay where they were not so tall where did you drink at in my friend's house it's like if you go up here like two four four seven yeah sharmonics where are you coming from from like bay village which bar no bar no bar like that's like our center point my english is not successful because like we are living like with all our argentina people i'm living like here they are they are there okay so in bay village all of us like uh get together we talk like a little bit and now everybody goes to our house where were you talking like there was like a like a road over this over the river okay you know and you we were talking like a bridge yeah bridge okay like over the water like a small water how long were you there uh we weren't only in the river we were like in nightclub it was called like 100 club a lot of argentina people it's a bridge street bar does that sound right no it's not the bar it's like a nightclub more than a bar because it's a lot of people and there is like a door so downstairs yep down down the stairs it's okay you went down some stairs right they are downstairs yes uh i have to be honest my brother is 19 i'm 21 i was with my passport and my brother with my document okay he's 19 so he went with my document that is like 21. with my passport so at the at the nightclub did you have anything to drink yeah yeah i already told you i've dreamt of beers two beers there yeah you can make that and three beers here no three beers at the casa no no no only two beers in the under club okay well you said three earlier you told me three okay two three okay okay okay i mean i'm just asking i'm just turning you i have brain okay stand me okay of course okay it sounds cool i'm good okay well no but you understand me talking yeah i'm not telling you but my english is not so good but yeah i'm telling you you told me like okay okay well the reason why i stopped you is because you were driving like this no i haven't been running no you were driving driving yeah okay right yeah i was going slow yeah 40. yeah okay and then you were driving like this in the lane you went over the shoulder you went into the other lane and then you put on your turn signal two times one time you didn't turn it okay so i'm just making sure you're okay sir i will pay whatever i need to pay because i watch one okay but i was going slow because i was like and you said you had nothing to drink no no yes nothing is smoked no no no no but you have a friend smoking in your car yeah okay no nobody but i have drink okay so i was wrong okay i would pay when i needed to pay because i was wrong do you feel okay driving yeah because i you in argentina oh like we live like in mountains mountains mountains so we need to go like far away from the house from the town okay there's like a lot of miles from your house to the center okay so my next question is you feel okay driving yeah because i was like uh three minutes away from here okay and he was blowing right there where the light is on okay there is what i'm saying okay why was feeling good maybe i was wrong okay okay i will pay because i am wrong okay but i suppose that i would provide safety okay all right so let me ask you this would you consent to doing voluntary roadside maneuvers so that's have you seen those on tv like where people walk on the line right would you be willing to do that yeah okay i just want to make sure you understand what voluntary means do you know what voluntary means yeah i would like to give you my details give me your letters yeah okay so for me it's your free will and you're not being forced into doing something okay so with that definition in mind would you still do the roadside maneuvers yes okay okay what's your highest level of education oh um i'm doing my like a b english test okay like for a teammate did you go to college yeah you've been to college i had been to high school and now i'm uh in one year i want to be graduated of uh university okay one year of university no no no three years ago three so one more one year done perfect so here i am studying english in denver with my brother yeah because i want to be an mba okay it looks like you're wearing contacts you're wearing contacts okay yeah can you see far away or yeah yeah i can't see him you can see him okay sounds good like two fingers okay yeah it'll be okay um do you smoke marijuana no never yeah before okay in argentina told me oh don't smoke marijuana okay you don't smoke here here or no because my father told me that he's saying you listen to your dad then yeah that's good but you can smoke in colorado yeah but you choose not to correct do you do you take any medications at all no no no i was like with a flu so i have been absent to the university for two days okay but do you take any medications though just by google what is it ibuprofen yeah for pain for pain yeah okay yeah nothing else it was like hot but it was squishy it's manuel right okay no drugs do you have any back problems leg problems nothing no you don't have to do that okay do you have any back problems espalda no your knees stub in yeah you can snowboard no way you don't ski okay did you ski today yeah okay perfect okay well that's my questions okay so now what i'm saying okay so you're willing to do the roadside so stand there for me face this direction put your feet together hands at your sides okay now if you could yeah thank you um can you see the tip of my finger okay yeah okay can you touch the tip of my finger touch okay it's okay ah perfect okay okay so i'm gonna go side to side with my finger i need you to watch i need you to watch the tip of my finger and don't move your head okay no no see moeve uh okay i'm just trying to help you out okay ready yeah okay you understand okay okay okay don't move your head don't say movie thank you okay next maneuver i'm gonna have you do can you stand here for me okay and face this direction okay okay so if you don't understand tell me okay if you don't understand okay so what you're gonna do is take your right foot okay and put it in front of your left keep it there touch a needle toe keep your hands at your sides okay stay in this position until i tell you to begin okay you understand so far when i tell you to begin you're gonna take nine heel to toe steps down that line like cheese paper cheese paper sure so when i tell you to begin you're gonna take nine heel to toe steps down that imaginary line that you have okay so this is imaginary this is imaginary line miguel okay yeah just stay there put your foot in front there you go stay like that stop me in yeah okay all right so we're gonna take nine heel to toe steps down that line okay like this one two three and so on until you get to your next step you're gonna you're going to pivot on that front foot okay you're gonna turn it around that's fine and then you're gonna go back down that line one two three and so on until you get to your next step so i need you to look down count out loud keep your hands at your sides okay and don't stop until you completed the maneuver do you understand and i come back nine and nine okay any questions no questions okay thanks manuel go ahead buddy go ahead one two three four five six seven eight nine zero come back okay one two three four five six seven eight nine zero come back thank you stop okay okay last one okay can we stand here again okay okay bud face my direction you're sick yeah cold yeah i'm from argentina i understand warm places yeah put your friends put your hands at your sides then this maneuver i'm gonna have you lift the foot of your choice okay six inches off the ground okay six inches so what would that be in centimeters i don't even know okay i'll show you i'll show you first but don't start until i begin okay i'll tell you when to start okay okay so this is what you're gonna do you're gonna lift your foot up six inches off the ground keeping the bottom of your foot parallel to the ground keeping your legs straight okay you're gonna count out loud one thousand one thousand two thousand three and so on until i tell you to stop okay it's gonna be longer than three seconds okay but what i need you to do is keep your legs straight look at your foot and count out loud okay do you understand okay and you may begin hands at your sides keep counting one two three four five six seven eight nine ten eleven twelve fourteen fourteen fifteen fifteen seventeen eighteen nineteen twenty one twenty two three twenty four two five thank you thank you okay you can put your foot down so um drink all night today just today three beers okay and it was more than i was i suppose more than you're supposed to yeah do you think you shouldn't be driving no no i should be driving because i was sure that it wouldn't go back home because that was my home there was the club okay well i'm confused though you said you should be driving or should not be driving i shouldn't be driving you should not because i have dreams okay but okay i have dreamed the amount i could bring to drive home back okay i think i understand it give me one second okay would you consent into doing a uh a pbt to check your alcohol level okay it's up to you you don't have to i would get like a positive it's voluntary so you don't have to but do you want to uh i don't want to say nothing you know but i will accept now i'm telling you that it would be positive because i have drink three years do you want to do it or no no you do not no okay okay well i'm gonna place you under a rest okay you had too much to drink okay why are you making yeah no no either way i have enough probable cause to believe that you've been you have too much drink so okay bud one second buddy you've been good okay i appreciate that yes see right there do you have anything on you i need to know about that we'll make sure you get some okay stand there for me yep separate your feet okay thank you just your wallet my wallet oh your light or some change maybe a lipstick or chapstick i should say okay see you there do you need your cell phone all right we'll grab it for you is that your cell phone no my brother [Music] come on back he has his wallet he has his wallet we'll get you home we'll get you home sit down please and during our whole conversation you understand me correct okay i appreciate that okay buddy okay so by driving in the state of colorado you've consented to the chemical test of your blood or breath which um tests would you like to do a blood test or a breath test the breath test will know the results immediately a blood test um it takes about a month or six weeks what would you like to do the breath test yeah okay no no no i didn't went to the bar i was with a friend and we were having the smoke and then we were planning to go back to the place but you stopped us and my id it's back in the place okay um if i can go like if one of you wants to walk me over there i can go in and get the stuff well we can drive you right here right it's just half blog if you want to drive me it would be grateful you know what is there anyone there that has not been drinking yeah yeah we have a friend that has not drank tonight yeah a couple of friends he might have helping out with that so we don't tell it come on yeah thank you rock appreciate it we're short tonight so sorry that took so long at the station the suspect manuel consented to taking a breath alcohol test the test subsequently yielded a breath alcohol content of 0.167 percent this is twice the legal limit to drive in colorado after the tests were completed manuel was charged with driving under the influence or dui and improper driving in the center lane in court manuel pled guilty to dui he was ordered to pay 994 dollars and 50 cents in total fees including a 300 fine for dui the defendant was further sentenced to zero days in jail complete 48 hours of community service and be placed on probation for alcohol evaluation and supervision for 12 months his driving privileges were not affected by the sentencing the police report noted that manuel was extremely cooperative and polite during his contact with the officer