welcome back to the DUI Channel we are in Ron New Mexico where on February 4th 2020 at approximately 9:04 p.m. Ron police responded to a call regarding a white truck driving at a high rate of speed and crashing into a barrier at the L and jug in town the officer approached the suspected vehicle involved parked at a residence as his investigation begins on the previous day the subject in question was sentenced for three separate incidents that occurred from August 6 2019 to December 5th 2019 two of the convictions included driving while under the influence of intoxicating liquor or DWI second and third offense the defendant was ordered to pay a total of $1,250 in DW fines as part of the grand total of $3,273 between fines fees and restitution he was further sends to 9 and 1/2 years less 2 Days in state prison supervised Dev probation for 5 years a license revocation for 5 years a lifetime ignition interlock device for all vehicles driven and 96 hours of community service although the defendant received 64 days pre-sentencing confinement credit and the prison term was suspended any probation violation would remand the defendant into the custody of the New Mexico Department of Corrections while the officer was gathering evidence the suspect appeared at the front door of his trailer hey whose truck my truck huh my truck your truck why'd you take off after you hit that off huh took off no I mean why'd you take off after you um hit the deal at Loaf and jug I sir you weren't driving the truck tonight sir who was driving it nobody no somebody was driving it sir you left Parts down there no sir yes sir no sir yes sir you left Parts no sir dude you left Parts the parts of your truck that are missing are sitting over there at jug I don't have any parts left of my truck you don't have any parts left in your truck no sir no no sir no so what happened to the front bumper my bum bump PR is uh right there no what happened to all the damage to it there's nothing going on with it no there's damage on the front bumper no no damage to my front bumper I can see it right now go look at it okay well I don't see any front Dage my D go you got your driver's license on you yeah I do can I have it yeah come on Alex I need your insurance yeah yeah that's right where he hit actually [Applause] yeah still got the evidence tape on it I'll leave it at that although you see that truck moving he is wasted huh hours later on February 5th 2020 at 12:53 a.m. a Ron patrolman pulled over the alleged vehicle involved in the crash from earlier as his investigation proceeds I see what you're doing right out here I know I lost traction I'm sorry keep your hands out of your pocket is there anybody else on the vehicle you want you want to take lead on this it's up to you you can I lost just lost I turn around that's we've had four four five well six including the wreck wck I haven't no WS I got it on video man you don't call me a freaking liar don't ever do that I haven't any sir how much have you had to drink tonight nothing sir nothing this officer made contact with you earlier it could smell it on you then no sir what do you mind doing a test then yeah come here [Applause] okay yeah leave trff I was just I was just turnning around all all Wasing turn around okay yes sir well I don't believe a word you say dude okay why is that because you've lied to me every time I've ever talked to you okay I'm s I'll let you run the test it's been a you have anything on you no sir all right man now come here we'll get a little bit more light okay absolutely so you have not consumed any alcohol no sir any narcotics no are you under the influence of anything at all Alex okay what I need you to do is standing with your feet together heel to heel okay Toe to Toe keep your hands at your side okay what I'm going to do is I'm going to check your eyes Alex okay is there any alcohol or drugs in the vehicle no sir keep your hands at your side okay yes sir I need you to do is keep your head straight can you see my finger mhm what I need you to do is follow my finger with your eyes your eyes need you understand yes sir okay this six more times okay yes sir can you still see my finger yes sir okay just two more times okay continue for mhm in your eyes UND detecting the stagos okay okay so just be honest man you can any alcohol at all no are you under the of anything okay I'm not do you have any problems with your back walking turning balancing no sir you able to do all that I know it's cold man you don't have anything on you no I don't have anything on me at all would you mind if I pat you down just to make sure that's totally fine yeah okay good for nothing going to St poke me cut me no sir no just my teeth okay are you on probation or anything Alex I just started probation today okay do you have a curfew um as as far as my knowledge um I have a cur okay do you know what time that is can you ever contact the resource center huh Can you ever contact the resource center okay just to see what his curfew is okay okay we're going to do a couple more tests okay come back over here okay what I want you to do you see this yeah we'll use this line right here Alex okay all right what you're going to do is you're going to put your left foot on that line okay put your right foot in front of your left foot he yes sir heel the toe and keep your hands your side can you get in that stance for me right now yeah I can so like this okay okay so left foot on the line put your left foot and put your right foot in front of your left left foot in front of the right your right foot okay right foot okay going to stay in that position while I'm going to demonstrate the test okay it's cold I know it is it's cold for me too man my hands are freezing too okay so what you're going to do you're going to take nine he to toes hips forward trying to maintain on that line keep your hands at your side like this you're going to touch heel to toe and you're going count your steps out loud when you get to a ninth step you're going to take a series of small steps that I'm going to demonstrate for you and come back nine H till steps keep your hands on your side trying to maintain um your position on that line okay it's going to look like this okay you going go one two three I'm only going to three but you're going to go to nine okay I'm going n when you get to that ninth keep your left foot where it's at yes sir series of small steps turn around once again one 2 3 all the way to nine yes sir okay do you have any questions can I zip up my jacket yeah you can okay it's cold man I I get that I'm cold my any questions okay so I'm going to nine nine nine Hiller toe steps forward first you got your left foot on the line put your right foot in front of your left left okay okay put your right foot in front of your left foot so you should be like this okay and once you start the step don't stop until you complete the step to n to nine okay when every We Ready begin two 5 n sir okay go to continue you don't remember turn around and go back n Hill to to steps how do I do I demonstrate it for you you said three steps I did three steps I told you for demonstration I was doing three steps but I showed you how I okay okay turn yep turn around okay now what you're going to do is you're going to get back in the same stance he the hill Toe to Toe okay what you're going to do now is you're going to lift the leg of your choice approximately 6 Ines off the ground you're going to keep the foot um parallel with the ground toes putting straight out you're going to look down at your toes but don't begin to I tell you okay so what you're going to do is again lift your foot keep your knees straight both legs straight yes sir straight as possible and you're going to look down at your foot you're going to count out 1001 1,2 1003 until I TI you to stop did it tell you tell to stop yes sir wait wait hold on a second okay okay thank and go to begin 10012 1003 1004 2005 2006 20078 9 2010 2011 2012 2013 134 2015 2016 2017 2018 2018 2019 2020 21 you can stop alex2 you can stop sir yes sir okay man I'm getting a real distinctness I missing your eyes yes sir which comes from um you know consuming alcohol there there could be other medical reasons for it you know such as head injuries or anything like that but um I haven't dren anything you have not consumed anything no are you under the influence of anything no sir I'm not okay nothing at all no sir okay I'm going have you do some other tests okay okay what you're going to do now is handle your choice okay you're going to touch uh you're going to touch your tips of your finger to your thumb the very tips okay okay let me demonstrate for you what you're going to do okay yes sir you're going to go 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 right going to start over okay cuz I was demonstrating okay so go and do it now 1 3 4 3 2 1 3 4 1 1 3 4 3 3 2 4 1 3 4 3 2 okay all right do you know your off of it I do okay you can see the from A to Z say from a to a z yes sir okay what I want you to do you're going to start the letter J and you end it you're not doing it in reverse you're going to say it in order I want you start at J and end at V without singing the song okay wait wait start at J and end it and end at v v is in Victor whenever you're ready go and begin that without singing it start at J end at V do you have any questions no sir okay go ahead j k l m n o p q r s t u v okay all right and can you count one two wait wait wait wait okay okay what I'm going to do is I'm going to have you count in Reverse I want you to start at 77 end at 56 counting backwards can you do that start at 77 and at 56 77 76 75 74 73 7 74 73 72 71 70 70 70 79 69 yes sir okay 6 669 I'm sorry about that okay did you want to start over yeah yeah let me start okay 77 to 56 77 to 56 yes sir 77 76 75 74 73 72 71 70 69 68 6 6 68 6 67 68 uh 67 66 65 64 63 62 61 60 60 60 60 wait what was I going to I'm sorry 56 okay I apologize um okay so 60 66 no no that's fine we can stop there okay yeah it is the the instruction the radio then that's why I allowed you to do it again okay can I do it again well let's let's hold on okay what was disat say I couldn't get 109 okay 1440 they have um nothing on they hav't got his paperwork yet uh what were you advising 45 going to be Public Service vmdc reference conditions ofas subject per AG 10 for thank you okay just give one second Alex the stagma is way off the I all that um the alternative test F all of them walk turn wasn't bad one you know he's having foll following instructions is his main thing he's having issues with it he couldn't keep his feet six Ines off the ground he never raised at 6 in I suggest 15 you want me to take it or you want I'll be take it on this all right based off of the performance of the test uhhuh I believe you're under the influence of something no sir I'm not you're not no sir okay and and I can read I'll redo your test well no we're not going to redo the test but what I need you to do is place your hands ground your back at this point okay is there anybody that can pick up the truck I don't see why I'm under the based on the my training because I not not not because of the driving but let go of your fingers I didn't say you were I know you're not you're I just said let go of your fingers you're being cooperative okay I'm going to double lock you so don't try back for me okay so what I'm going to read you a card that's really important I need you to understand that okay let me double lock them so they don't turn up on you okay here real quick do you have anyone to get the pickup no I don't so we're going to have to tow it yeah okay while you do that I'm going to do an inventory you got the keys to it which pocket this one I canell okay come buddy okay I'm going to read you something important okay but I'm going to let you get in the car and get out of the cold but why you guys for DWI would not you're not I can smell it on you your performance of the test uh you're involved in a vehicle crash earlier or at least your vehicle was my vehicle was involved in Crash yes sir where sir right here in front of this building right into that gas p is this a set of case to the pickup yes sir do your door not work you have to PR the button press the button which button you want to get out of the cold button button which button on the keys or on the truckton huh there's a where well they should should be on there they might not have fell off yeah maybe in my pocket do you have you searched him inent to arrest ke so you think key the key fell off and it's possible F this pocket right here check this pocket check that pocket yeah check it no my P Pocket your pant pocket there buttons in there no you sure yep there's no buttons in this pocket right here buttons you mean like the four like little four buttons yeah nothing nothing okay is I guess about Pockets maybe little pockets right there too see if I can find it I'll let you get out of the cold Alex come out see man okay don't be S zipping your cffs to the front like class last time okay yes sir what am I arrested for this time for dwr let me read this to you after I read it to you I'll explain some more stuff to you okay all right listen to me I'm about to tell you something important you are under arrest for DWI okay driving under the influence of alcohol the New Mexico imply consent act requires you to submit to a breath test to deter the alcohol content of your blood after you take our 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 reasonable opportunity to arrange for a physician a licensed nurse or laboratory technician or technologist who is employed by a hospital or a physician of your own choice to perform the additional chemical test the cost of the additional test will be paid for by the law enforcement agency do you agree to take the test yes sir you do agree to okay you're you're telling me that you're not under influence V okay so what we'll do is we'll go out there and we'll take the test low zeros and there's no other reason to believe that you're under the influence okay we'll take care of it at that point okay okay so if you feel confident that you're not under the influence of anything we'll do the test and we'll go from there okay okay okay let me let's get out there so that way we can start the test okay open your mouth for me lift your tongue Okay so you don't have anything in your mouth at this time no gum no chew or anything like that okay we're going to get out there okay so we could do the test okay all right go and watch your knees okay following the arrest the suspect Alex was taken to the visual Maldonado Detention Center whereupon he consented to a breath alcohol [Music] test all right want to have a seat you can sit down now okay what what it showed was a 0.16 two times so that's going to be results of the test that means it's double the legal limit so it's going to it's twice illegal limit so it's going to be aggravated DWI plus uh driving rebol but yeah it the suspect provided two breath samples which both yielded results of1 16% breath alcohol content this is twice the legal limit of 8% breath alcohol content to drive in the state of New Mexico the defendant was charged with driving while license revoked driving while intoxicated or DWI related an aggravated DWI with blood alcohol content1 16% or above fourth offense on September member 22nd 2021 1 year 7 months and 17 days after the arrest the charges were disposed as NOA PR this means that the prosecution chose to no longer pursue the case Alex was not sentenced nor was he ordered to pay any cost whatsoever of note no surveillance footage from the alleged crash was recovered from the loaf and Jug gas station