welcome back to the DUI Channel we are in Saratoga Springs New York where on May 8th 2021 at 11:51 p.m. a Saratoga Springs police officer following a red 2009 Nissan Rogue observed the vehicle to be unable to maintain lanes while heading Southbound on East AV the vehicle approached the intersection with Union AV made a left turn then quickly accelerated from the traffic light the officer then activated her emergency lights and pulled the vehicle over at gate 2 of the Saratoga race course as her investigation begins hello hi hi do you have your license in registration yeah this is my license um where are you coming from this evening just dropping a friend off you dropped a friend off where did you drop the friend off um I don't remember what street it was okay where were you before that I was at my house and she just asked me if drop her off you drop her off okay and where you heading to now now I'm just heading home now you're heading home um so this is my reg perfect yep okay so you were at your house you went and dropped off your friend you don't remember where um uh I think it was Caroline Street on Caroline Street yeah okay and now you're heading back home yeah okay where's home at in Fort plane in Fort plane is that so the Amsterdam address okay so both of these addresses aren't correct no I actually have to change them online when did you move um circular spring with New York King Edward Mary 5066 last year I know I should have definitely Chang it by now okay how much have you had to drink tonight I haven't had anything to drink you haven't had anything no I don't drink and drive you don't drink and drive no oh my God no okay all righty anything wrong with your license that I need to be concerned about no do you know why I'm pulling you over no so when you took the turn back from you know the city kind of well streets no I actually don't know this city very well at all okay so when you were coming from not this street that you we just turned from but the street before that you took the turn a little wide and you went over the double yellow oh and then you've been then you hit it yeah so I was behind you when I saw it so okay okay all right here's the deal I want to make sure that you're okay to drive tonight okay yeah so I'm just going to have you step out I'm going to do some tests on you and then I'll get you on your way okay okay all right all right come on back here Sarah you just lean against your back bumper okay the back bumper you can just lean against it and just face me you face me I'm just going to talk with you okay so you haven't had anything to drink tonight no nothing come on let's be honest I had one drink you had one drink okay when did you have the drink um what time is it now I don't know what time is it what do you think what time do you think it is I don't have my watch on me that's okay just keep your hands out of your pockets it's just for my safety all just looking for the time you what looking for the time oh okay do you know about what time it is right now you can guess do you remember what drink you had I just had a beer you just had a beer eight beer that's it what kind of beer was it a mi light like a m Ultra or a light a light is a light beer you know about how big it was I didn't even finish it you didn't even finish it okay I think we need to be a little bit more honest I didn't I really did not finish it you didn't finish it okay you don't remember how long ago you had it um if you don't remember that's fine but did you do you remember eating anything yeah what you eat pickle Bri pickles at your house or while you're downtown while oh you're downtown okay where did you meet your friend at 2015 Focus red color Val you don't remember I'm sorry I was just distracted by the conversation um trying to remember the name okay well I'll have you try to remember the name okay I'm going to turn off the lights so that they don't distract you cuz I can already tell that they're bothering you thank you so you don't remember where you went downtown it was the tavern the S The City Tavern yeah okay that's where you were with with her where I had the where you had the beer the pickles oh the pickles pickles yes were Pi did you have anything to drink while you were there I had beer there but I didn't beer okay you just had the beer there okay I had like a couple sips and I'm not really like a beer person so I didn't you stop yeah I don't really drink here okay what do you normally drink if you if you were I'm not really like um a drinker okay all right do you have any medical problems you don't okay you don't take any prescription medications for anything I take lot of drive with it yes like when after you intake it okay any other prescription medications that you're on that's it that's it okay so the only thing that's the only medical condition that you have anything else any physical ailments anything that prevents you from walking driving a motor vehicle no anything like that okay any illegal drug use tonight any marijuana cocaine that's no nothing like okay questions that I have to ask do you wear contacts or glasses Sarah I wear contacts you wear contacts are you wearing them right now yes okay you can see fine with them uh they're a little dry but yeah a little dry right now but you feel like you can see fine yeah this is what I'm going to have you do okay you're going to lean against your bumper so that your eye level with [Applause] me so that so you have to lean against it so your eye level with me so you just have to be a little bit or you can squat yep perfect can you see the tip of my pen yes okay this is actually what I'm going have to do can you push your hair out of your way so that it's not covering your eyes perfect what color is the tip of the pen blue what you're going to do you're going to watch the tip of the pen with your eyes and your eyes only you're going to keep your head still the Pen's going to move you understand yes okay so you're going to keep your head still for me okay okay so you're just going to watch with your [Applause] eyes so just keep looking at the tip of my pen okay see you're kind of looking away just got to keep looking at the tip of my pen [Applause] okay [Applause] [Applause] [Applause] keep your head still on me okay okay we're going to come over here okay you all right yeah just a little dry yeah okay yeah blink blink a couple times I don't want your contacts drying out for me I have you stand right here should be fire enough okay since we're 6 feet apart I'm going to take my mask off so that I can talk to you okay this is what I'm going to have you do okay you're going to imagine that there's a straight line on the ground okay you're going to place your left foot on that line for me go ahead left foot on the line now you're going to place your right foot in front of your left foot touching Heel To Toe do not start the test until I tell you to start you're going to maintain this a starting position you're going to maintain this okay so left foot first left foot first onto the line right foot in front of your left foot touching Heel To Toe hands at your side just like [Applause] that so left foot and then now your right foot in front you're going stay like that while I explain the rest of the test to you okay when I tell you to begin what you're going to do is you're going to take nine Heel To Toe steps forward it's going to look something like this you're going to keep your hands at your side counting out loud one two three when you've reached your ninth step you're going to take a series of small steps around keep your leave foot planted keep your hands at your side nine Heel To Toe steps going back okay do not stop the test until you've completed the test remember to count out loud keep your hands at your side any questions so nine steps forward heel to toe and then nine steps back yep okay okay you may begin can I count out loud yes I want you to count out [Applause] [Applause] loud [Applause] okay you're going to stand right here for me okay take one step forward okay this is one I'm going to have you do next test okay you're going to put your feet together hands at your side okay whichever leg you prefer you can choose either your left foot or your right foot when I tell you to begin you're going to keep your hands at your side you're going to raise whichever leg you prefer approximately 6 inches off the ground you're going to keep your legs both your legs straight your feet approximately 6 SES off the ground parallel to the ground you're going to look at the tip of your foot it you're going to count 1,001 1,002 1,003 until I tell you to stop okay if at any point you need to put your foot down during the test just pick it right back up and continue counting until I tell you to stop does that make sense okay so I'm just lifting my foot and then counting yes approximately 6 in off the ground both legs need to be straight okay keeping your hands at your side you're going to count for me okay go ahead one one 2 3 4 five it's got to be six Ines 1 2 okay you can stop do you know your alphabet yeah do you English alphabet okay can you recite the English alphabet for me starting with the letter d as in David ending with the letter S as in Sam without [Applause] singing without singing without singing D to s e f e f g h i j k l m all right you're just going to seal your lips around here big steady breath out okay it's going to click when it's done big steady breath out big breath you got to seal your lips around it take a deep breath in steady breath out so take a deep breath in steady breath out hold on you're not giving any sample nothing nothing you need to breathe completely out that's why I said take a deep breath in then I'll give it to you then you breathe out okay okay so deep breath in big breath out you're not giving any sample ever blown up a balloon yeah pretend that's a balloon okay okay you're going to hear a click you're not giving any sample it's tell it's I've done this so many times I know when you're giving a sample and when you're not giving a sample okay just a steady breath out okay it's going to click it needs to be a big breath okay like blow hard or oh okay yes you need to yes as hard as you possibly can sorry sorry sorry I just had a filling done oh is that what it is I'm sorry yep okay okay it turned off as hard as you can you need to blow into this okay [Applause] okay that was not hard at all needs to be like you're blowing up a balloon I okay that was not hard at all okay a 10-year-old can do this [Applause] test want to practice Yeah show me yes exactly like that that's exactly what you need to do okay just like that that's not what you just did okay if you keep giving me an insufficient sample I'm going to take it as a refusal to do this test you need to give it a sufficient sample okay I I'm trying but I don't I'm not sure why it's not okay because you need to give a big breath it needs to look like this that's the breath I need okay okay keep going you need to keep going thank [Applause] you all right big steady breath out just like I showed you that's what you need to do okay it needs to be steady you need to keep going until I tell you to stop let's try again practice show me a big breath out that's better than what it was can you do a little bit harder than that that's let's do that okay okay hang on I pressed it she will tell you when to stop okay so you have to keep going until she tells you when to [Applause] stop hang on I pressed it all right go ahead keep going you need to keep I'm not going to stand on the side of the road and do this with you in the entire night okay I'm not you need you need to give a sufficient sample I'm going to take this as a refusal to do this test I'm not going to stand on the side of the road and and deal D with you I'm not okay then you need to give okay a 10-year-old can do this test okay you need to give a sufficient sample you need to give a big steady breath out until I tell you to stop does that make sense yeah I know what to do I'm just not sure why it's not picking up on that okay because you're not giving a sufficient sample you're giving me this little weak puff of air I need a steady breath out okay that's steady breath I'm going to give you one more one more shot to do this test and that's it I've given you plenty of plenty of chances to give a sufficient sample if you do not give a sufficient sample in this last one I'm going to take it as a refusal okay you understand yeah okay keep going okay I told you I'm not going to play this game with you the entire night okay face your car for me face your car put your hands behind your back I'll do it you're under arrest okay driving well [Applause] intoxicated I could do the test again I gave you plenty of plenty of tries to give a sufficient sample and you wouldn't can you I did a I did a yeah 782 12's going to have one in custody 1192 do you have anything in the car that we need to grab maybe my purse your purse where's your purse um I think it's on the front seat front seat okay is your phone I think I have it on me but my this is cutting off the circulation yeah it's not supposed to be uh comfortable when we go back to the station you'll have one of them taken off okay that's fine but okay we're going to go over here here okay we're about 5 minutes from the station all right face my car spread your legs anything on you that's going to hurt me stick me or poke me tonight no [Applause] [Applause] okay kind Mas smking some chapstick some chapstick [Applause] okay I'm going to hold your lighter for now okay SW your head throw it in probably I understand it's not it's not going to be that comfortable I just have to get on I I'm going to get on the other side and is there any way you could just like loosen it like a knock or two it's really really tight okay I can stick my finger in there though so it's not as it's not as tight as you think it is it's just this one this one is okay it's just this one is really really same thing with this one I can stick my finger in there okay [Applause] there you go you be back to the station in like 2 minutes following the arrest the suspect Sarah was transported to the Saratoga Springs Police Department for further processing while there the suspect provided a breath alcohol sample which yielded a result of. 13% in court the suspect was charged with driving while ability impaired or DW AI on July 7th 2021 1 month and 23 days after the arrest the defendant pled guilty to DWI aai and was ordered to pay a total of $55 between fines fees and Sir charges as of January 27th 2024 the entire balance is outstanding Sarah was further sentenced to zero days in jail one year of conditional dis charge and a license suspension of 90 days with 20 days stayed