welcome back to the DUI Channel we are in Raton New Mexico we're on January 18 2020 at 2 31 a.m a return patrolman pulled over a white Chrysler and approached the vehicle beside Woody's furniture and appliance store as his investigation begins how's it going good the reason I pulled over is when you turned out off of vehicles back there yes well you didn't stop completely at the stop sign and then you took a y turn into the far Lane and then you came back and you almost struck the curb okay I'm sorry I'm just trying to go home are you yes so I smell alcohol coming from the vehicle is there a reason for that it's it's them yes okay may get your license registration proof insurance so what's your last name is it uh okay what is your first name Angela spell it hey Ed g-e-l-o G yellow yes should date of birth all right man Mr Angelo so I'm gonna ask you to go ahead and exit the vehicle real quick okay okay I'm gonna do some standard I feel surprises all right someone shut your door I'm gonna step back over here okay all right 10-4 let's go back over here on the concrete all right you haven't had anything to drink tonight nothing whatsoever okay so what I'm gonna have you do is I'm gonna have you stand right here yes you're gonna put your heels together yes toes together yes hands down by all right see you to my finger okay you're gonna follow tip of my finger with your eyes and your eyes only do you understand so we're gonna step down here since this officer has roadblocked I'm going to sit by the corner of your vehicle hmm right here on this line all right stay right there for just a moment all right sir do me a favor stand right here how are you gonna face this vehicle so what you're going to do now is I want you to stand heel heel toe to toe Put Your Hands by your side okay can you imagine a straight line in front of you yes all right so on that straight line I want you to make sure you have your left foot on there and place your right foot in front of it heel in the heel to toe manner just like that just like this okay keep your hands on by your side no don't do anything yet yeah stay in this position until I tell you otherwise do you understand okay so what you're going to do is you're going to take nine Heel To Toe steps out making a series of small steps to turn around keeping your left foot planted you're gonna take nine Heel To Toe steps back on that same line do you understand this okay I'm gonna demonstrate it for you I'm going to be taking three you're going to be taking nine do you understand this okay it's gonna look just like this one two three again a series of small steps to turn around one two three do you understand yes okay once you begin this test do not stop make sure you count all of your steps out loud yes make sure you keep your hands by your side look at your feet count your steps out loud don't stop until you've reached the end of the test you understand yes go ahead and begin what one two three four five six [Applause] seven eight nine that one two three four five six seven hey nine okay sir for this next test what I'd like you to do is choose whichever foot of your choice keep your hands down by your side put your heels and your toes together okay so choose whichever foot of your choice you're gonna lift it approach approximately six inches off the ground keeping the bottom of your foot parallel with the ground you understand okay while doing this keep both legs straight hands down by your side look at your toes in your account in a manner just like this one thousand one one thousand two one thousand three one thousand four you're gonna continue to count until I instruct you to stop do you understand yes okay go ahead and begin with that's one one thousand two one thousand three four thousand four thousand five one thousand six 1007. 2008. 1009. well that's a 10. when I was 11. 2012. 2013. 2014. foreign okay sir do me a favor stand by the back of your car yeah yeah here's the HDM several Clues he said a couple beers within the hour hi Miss Angel so I'm gonna be honest with you okay you're gonna be arrested for deal yes all right you understand do me a favor turn around and place your hands behind your back okay all right is there anything on your person you're not supposed to have no and you did the weapons anything like that no okay all right so you said you had a couple of beers tonight okay how many is a couple two when a long time ago a long time ago yes so we're gonna go listen right here okay hold on hold on hold on come right here turn I'm gonna pat you down okay all right so I'm salting this one and a lot of cash got a lot of lime salt on you buddy all right go inside the vehicle hold on just a minute 1447. how many signal for with that metal individual this time could you call me a case number for DWI all right man so I'm gonna read you something okay okay all right listen to me I'm about to tell you something very important correction listen to me I'm about to tell you something important you are under arrest for driving while the under the influence of an attack skating Laker or drug the New Mexico complied consent act requires you to submit to a breath test to determine the alcohol content of your blood after you take this test you have the right to choose an additional independent test if you choose to take this additional independent test you have the right to a reasonable opportunity to arrange a physician licensed nurse or laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test the cost of the additional test will be paid by the law enforcement agency do you agree to take the test no okay I cannot force you to take our test but if you refuse you will lose your New Mexico driver's license or non-residential operating privileges for one year if you are convicted in court driving well under the influence you may also receive a greater sentence because you refuse to be tested do you understand do me a favor go to lean back so I please see both on you turn your head to the left I get it man it's tough if you have to sit sideways that's fine so you can sit like that following the arrest the suspect Angela was taking to the vigil Maldonado detention center for further processing once there he formally refused to submit a breath alcohol test pursuant to the implied consent act section 66811 effective 20 days from the receipt of this notice do you understand yes so what I need to do is sign here at the bottom right there in court the defendant was charged with aggravated driving while under the influence of intoxicating liquor or drug first offense otherwise known as DWI within four months after the arrest the lead patrolman in the investigation resigned from the Raton police department prior to his resignation he did not complete a supplemental or offense incident report the case was subsequently dismissed due to the state not being ready for trial Angela was therefore not sentenced nor ordered to pay any costs related to the incident whatsoever