welcome back to the DUI Channel we are in sunnd North Dakota where on July 22nd 2020 at 1:22 a.m. a deputy with the Ward County Sheriff's Department observed a red 2017 Dodge Ram parked off the road in the 8000 block of 37th AB Southeast the deputy pulled his Patrol vehicle over to make sure that everything was okay upon approach the deputy observed car keys on the ground and asked for the Suspects identification as his investigation begins is this your uh your husband here boyfriend friend of mine yours okay yeah all right okay yeah I didn't see you were I got a open container looks like in the um um couple after the deputy confirmed that the suspect had a valid driver's license he spoke with the sergeant regarding the investig ation she got a she has a du a couple years ago so who's this guy it's it's a friend of hers and is not her boyfriend or husband um if she's they're not Oak container is they're not driving we didn't see them the O container is good then right we didn't see them driving are you allowed to have an open container ins without a vehic not on any public access right away right how did they get here mhm yeah okay how did they get here they're both lighting up cigarettes right now okay she having alcohol OD off her too M so how did they get here maybe separated may we start questioning on how did they get here two you have over of alcoholic bever right who's the truck register to Central to that right now up here so you're you're jumping ahead all you care about is a $50 tiet okay okay what do we care about a $50 ticket right well I'm looking too like cuz if she's the keys were on the ground when I got up here and that's weird like I'm guaranteed she threw them there when she exactly so the keys have started the truck right so she's an actual physical control that motor vle right that's what I was going to say I think it's there you go M Central 4760 it is okay so find out you de partner here maybe your partner can figure out who the passenger is she's going to Tas cuz sheeps it up she's she's already drinking something El she's hammering down water mhm she got here somehow she dropped the keys on purpose she's the keys are all still in her possession she could easily control this and she's a she's not in your Dy she's like in a middle nowhere basically so what are you going to do I'm going to initiate a 1055 investigation on here okay um I'll have uh the passenger see if we can get more information on them too how they got here see if the store so as soon as I get on scene I'm walking up the truck keys are on the ground so she dropped them I'm going to start 1055 investigation on her there's an open in the cup holder she reaks of alcohol um she was pounding my water inste I was in my squad C they little cigarettes now could you talk to the passenger se you can see how have to get his side of the story how they got here tonight separate them and stuff thanks I'm going to go get my uh get my notes check get my notes from the back seat you want them I don't need them okay all right Shelly so you uh how much you get a drink tonight just be honest with me um I've had some you've had some yeah cuz I was there was a beer right there in the cup holder when I walked up so oh it wasn't mine it was his oh it was his okay yeah yeah yeah so it wasn't mine I don't even drink beer oh you you drink hard liquor I did you did drink some hard liquor okay cuz I smell something smell like hard liquor I was figuring so okay well uh I've got to run you through some field some Bri test make sure you get a drive okay cuz you're out here in the middle of nowhere now so you got to get how much does he had to drink I don't know you don't know I don't know how long have you guys been paining out um you know we went to a memorial service at the VFW okay so like that yeah you're one it's not mine it's not mine yeah no it's not how do you uh so you guys just you just picked him up at the BFW then yeah he's a friend of mine okay okay and I do I live right down here yeah I saw that on your driver's license so all right I'll just have you step back here in front of my uh and that's not mine it's okay okay stand right there yep Central 4760 should go and start the time on the 1055 investigation all right so first test I'm going to have you just follow my finger with your eyes just um hold that you can finish I'm done okay all right so just follow my finger with your eyes don't move your head keep that position just like that all right uh you you have contacts in no any diagnos any head injuries anything like that okay you're Shing not me okay okay can you just keep your head still yeah okay put it the help to not face directly into the light there I'm okay okay you good okay yeah all right it's all right you know all right I got to go go up as well all right so next thing I'm going to have you do I haven't had a drink for like 3 hours three hours okay yeah all right so I'm going to have you all right just stand over here and watch as I demonstrate here okay all right so I'm going to have you put your left foot on the ground okay yeah you can you can start doing it now actually too too so put your left put your left foot on the ground put your right foot in front of your left foot and hold that position until instructed to do so otherwise all right keep your arms at your sides okay so you're going to take nine steps down the line heal the toe what line just just imaginary line as yet right but don't start until I tell you to start you're going to keep your eyes on your feet the entire time and count each step out loud so it's going to look something like this one two 3 so on and so forth till I get to the ninth step when you get to your ninth step you're going to turn by taking a series of small steps by keeping your lead foot on the ground and using the other foot with a series of small steps and you're going to come back the other way one two three so on and so forth till you get the nine keep your Keep Your Arms by your sides the entire time count each step out loud keep your eyes and your feet and don't stop once you begun you may begin then back mhm I'm walking on the line I can't see sorry all right so in the last test I'm going to Havey do you can just keep standing right there all right okay so you're going to put your feet together put your arms at your sides okay hold that position till instruct to do so otherwise all right this test you're going to lift one foot off the ground doesn't matter which one and hold that foot parallel to the ground approximately 6 in above the ground and look at your foot and start counting so it's going to look something like this okay 1001 okay 1,002 1003 so on and so forth until I tell you to stop all right make sure you keep your eyes on your feet the entire time and keep your arms at your sides let me just one second give me one second here all right you may again still you keep going Y no I'm not all right all right you can stop all right stand right there for me all right she when she did look at my finger on the hgn I was seeing seeing signs she had a tough time keeping her head still I asked her could do it um I she failed the walking turn and the the one leg stand as he start to get the PBT okay now this is an APC so do we read the correct so I can just take this machine out she blow right she's going to blow she can't you can't right and I don't have to hold the trigger when I do it right no just just she blows until it all right you ever done with these before I have okay so y take a big deep breath you like to I can refuse to do it too right yep but that I'm guilty well again we still found the marijuana pipe on the ground too so that's fine honestly got it so you can find Mar you can for marijuana you don't have to blow but if you think you're good enough to drive you can blow it's up to you though yeah I can't make the decision for you I'm not driving now my keys aren't even in the ignition fact I don't know where they're at yeah you don't you don't have to blow for me if you don't want to but it's it's up to you I'll give you the I'll give you the choice here I can't I can't give you legal advice so I wish I could but I'm not a low can only a cop I have drinks so I don't know what to do it's been about 3 hours it's can I lean up against my truck sure been 103 or 12 do you want to think about it for a moment yeah okay I mean I'm not I was honest I said yeah no I I agree with I I believe you but my keys are not in the ignition so yeah was it a so what BFW said a memorial service there yeah it was okay yeah our friend okay I'm sorry to hear about that yeah is that kind of expected was he had cancer or something or is it just kind of no no he has some heart conditions he was only 62 okay and diabetic wonder if I can call my husband he's right up the road was he going to think about this though oh I just talked to him okay he knows you're hanging out with him yeah okay he knows him yeah his wife I was going to bring him home honestly wasn't my pip okay I don't feel like I'm that right but I don't want to all right I didn't food I said I had some drinks so if you don't blow you're automatically guilty you you're not automatically guilty cuz you don't blow no no I thought you were if I low and I'm high then I'm in in trouble I don't like trouble I'm tell either way either way either way no matter what you blow at this point no matter what you blow at this point I'm probably not going to let you drive from here cuz I don't I don't think you should so and I'm good with that I can call my husband right now my keys aren't in there so if he came and got me would be we be good not necessarily no I wasn't driving I haven't drove for 3 hours F and I'm not lying okay so I just talked to my husband he'll come up okay do you so do you want to do are you going to blow or not though I don't know you got you got to make a decision here I would say no but say no okay well and why did you get so upset with me cuz you found a pipe it's not mine you can gu me for marijuana I haven't spok marijuana okay I don't like when people get aror that's not right right I wasn't AR I haven't been AR he's not okay so what if I call my husband and he come and got us doesn't matter not not at this point no so how is the so there's this marijuana pipe on the ground magically from some kids that probably were at this spot no oh it's his I'm not yes oh okay yes it's not mine so you guys were outside you guys were outside the truck or he was outside the truck smoking earlier I didn't see a smoke oh so he just dropped out of his pocket how do you know it was his I guess it could be it could be okay I don't know wasn't lying honest to God all right you can ask him what he said all right hang tight for me I Haven's no drug to go through your car yeah I'm sorry go ahead go ahead this is going for go 83 M you're dinking around now whole thing M at Central 4760 you can bring the dogs you can do whatever you want I'm don't do drugs than thank you can show me 1083 with the female on the card APC no oh all right's your story there I don't like this cuz I got somebody dinking around here right now me no oh no all right let's turn around for me face the car so why you harassing me for APC yep you're on being placed underr for being actual physical control of a motor vehicle under the influence of alcohol turn around place your hands behind your back m'am yep you know why are you treating now I wonder why it's cops you need to find a new profession I'm a social worker by daytime and I haven't done nothing wrong you two sets of cuffs two sets two really yeah we're going to use two sets of cuffs yeah I've been doing this for 10 years ma'am so I've been social Rec 30 L of years where are you social worker at Ward County and where are you from that you think you're so tough in a suit what's it Ward County I'm a representative of Ward County so what's your name Sergeant I'm standing here we're in the vehicles we got to double lock These Cuffs we got to double them here for you so what am I doing wrong and being in actual physical control when I got out of the turn around got a double Keys they're not even my keys the trucks registered to you and your driver I know that's not my keys F the keys are inside my truck and they're not in the ignition they don't have to be really that's how that works yep I don't believe it for a minute really you sat here for 3 hours and that's how that works I don't leave her for a minute not a minute you you should lock those ones too in the middle really now will you call my husband please not right now you's got to double lock one more one more really cuz I'm not out of control huh we're using two sets of Cups so it's a little more comfortable oh yeah it's really comfortable so mhm all right really comfortable go ahead all right step this way for me can I get my purse we'll get it for you you're not going to be able to grab it right now and my keys yeah we'll get them all for you so Walk This Way ma'am all right watch out for the big mle watch out for the puddle don't even know that go ahead and assume too bad about deuty dog there a Searcher first you search me search me please do it not the Harden criminal you think I am block from home you guys are used to all the bad in my head I'm not bad honestly I'm not you can act like you want to no well we got to protect our road we got to protect the roads from intoxicated dri maybe I was going to sit here all night you ever think of well you're they not allowed to you're not allowed to you had to get here somewhere because you had to get here somehow right all right yeah well go ahead hop in well take your it's going to be great since you double cuff me I guess because I'm a mess no that is not why okay why why cuz you alcohol but we can just sit in the search of the suspect's vehicle a marijuana storage device as well as a beer can were located with within the truck one question the suspect's passenger did not take ownership of the drug paraphernalia bought the uh dug out in the one hitter no idea you do know it's just an infraction right yeah I know you're going to claim it or she taking the fall for that it ain't mine ain't yours all righty then while attempting to locate the keys to the vehicle the ECT denied having knowledge of their whereabouts tail for all right you said usually front pocket yep the cellular device yeah no my cellular device no pickup fob in there and I look where you said inside that truck and I've looked three times now and I'm pretty good at looking that's for my cigarettes go your cigarettes nothing inside there no I don't think them my let PL Roy stamps got to save those got to save those cuz you say five pages no no and uh there nothing in there Noe Harley-Davidson you R Harley no my hus do oh yes oh yes he's got that bug and you can see right down there nothing there me I think that Joshua 50 at me I think what with the truck key no that wasn't let me look at them again let me look at this Keys again but I don't think they're mine well there are no keys in here anymore no there was Keys down here though well they're not here anymore yeah where' they go they were gone when I came back up the second time so well then go get them from Josh we got it I mean if they were mine I would have been it but I didn't put them there all right what we ask him about the keys I did and he's uh either filling me full of lies or uh it's my truck yep I totally know I know so what did you say he said nope I don't got him so but you had no keys on him I didn't search him for keys well we might want to find him all right well I'm going to hit the lock button on It ultimately the keys were never found found following the arrest the suspect was taken to the Ward County jail and asked to provide a breath alcohol sample but even if I take it you didn't I wasn't driving nobody Se Me Drive I like I said I've been parked in that spot for a long time bu my own keys so so how can I get something if I wasn't moving okay it's up I can't give you legal advice but is it's up to you so are you refusing I don't know what to now I'm taking it as refusal because you don't not submit him to it so yeah you hear the refusal by submitting to the test very good very good you have made it she has made it very clear she has made it very clear [Music] okay following the refusal the suspect Shelly was charged with unlawful possession of drug paraph IA and actual physical control of a vehicle while under the influence of intoxicating liquor or APC on August 5th 2020 14 days after the arrest the defendant pled guilty to APC with the former charge dismissed she was ordered to pay a total of $750 this amount has been paid in full Shelly was further sentenced to undergo a chemical dependency evaluation and attend a Victim Impact Panel of note she was not sentenced to any time in jail and not put on probation