Hey, just hang out right there for me. I'll be right back, all right? Hey. Hey, do me a favor, boss. Just walk back here toward my car. >> Hey. >> I promise if Don't GET IN THAT GET OUT OF THE CAR. GET OUT OF THE CAR. OH, HE'S GOT >> ON NEW YEAR'S MORNING, 2020, a Rock Island officer pulled over a Pontiac driving without headlights at 2:00 a.m. What followed was a textbook DUI investigation in 20° weather, three field sobriety tests, a probable cause finding, and a request for a breath sample. Then, in a single unguarded moment, the driver reentered his vehicle and fled. That decision is the legal heart of this case. >> What's up, boss? Hey, man. Reason I stopped you, okay, you were still out here driving without your headlights on, okay? >> Uh, it's automatic. My bad. >> It's automatic? >> Yeah, it's it's it's it's a automatic. >> Okay. This is your vehicle? >> Yes, sir. >> Okay. All right. What's the date on this thing? >> Yeah. >> Uh, expiration date. Seeing an effective date, but it doesn't have an expiration date on it. >> I didn't see it. >> There's an effective date. Uh, I'm not seeing an expiration date on it. Oh, this card expires 60 days after >> No, that's not All >> Yeah, that's what says there. >> Okay, um that's my aunt. I can call her right now. Um the car was in her name. >> Okay. >> And um the car been in my name probably. Um what was I about to say? It's It's It's It's insurance on it. >> It's not It's not insurance >> But you got to have a valid card with you, don't you, man? >> This is valid. >> It says here expires 60 days after the date come over. >> What What am I going to do? Where is my phone at? Can you hold that, sir? >> Yeah, I will. >> I swear. I swear. You got my cell phone? >> Yeah, I do. >> Call my cell phone. >> All right. >> I think somebody stole my cell phone. >> Somebody stole your cell phone? >> Nah, I I It was somebody Somebody had my coat and they took it. >> Okay. Let me see your cell phone. I'm going to search your insurance up here. Okay, I'm going to check your license real quick. I'll be back, all right? >> All right. >> I'm pretty good. >> Good. >> He was driving with no headlights on. I'm about to do field sobriety. Um I don't know how close you are. You might want to back up a little bit cuz I want to give you some space here. All right. >> Should I ask her now? >> Hello. >> The insurance is under both of your guys' >> No, the um Look, sir, uh I'm calling my aunt right now, right? The um I just put the car in my name a lot. I just put the car in my name like 2 weeks ago or a week ago or something like that. >> Okay. >> That insurance is good because I paid the insurance. >> Yeah, but you got you got to have an updated card in the vehicle. >> Okay. I I'm I'm sorry about that, but I'm calling her right now. This is my my my my my aunt name is She not answering, man. >> Okay. >> But I'm saying I don't know what to >> Okay, Christopher. >> I can tell you I just put this car on my name like Look in that glove compartment. >> Uh title? >> What in the hell she ain't My aunt like 70 years old, you >> Okay. >> Okay. >> I got registration already. >> What I'm What I'm saying is I just switched this car Okay, right Me and my aunt got the same name. I can use the We got the same address. >> Okay. >> What I'm saying is the insurance is good, but I know that it's like 2:00 in the morning where I don't know if you can call the insurance, but everything is good. >> Okay. >> I'm trying to call my aunt right now. I don't know I know Okay, if I have to go to court, it's cool and I'll pay I'll pay the um what is it the You know the what is it the um You know the the the the court the court fee? >> Yeah, court costs. >> I have insurance on here, sir. I promise I do cuz I don't know why it's not popping up on on the thing. What is this right here? Sir, I I don't know what's going on, officer. >> Yeah, this is this one is expired, too. >> It's not expired. That's what I'm trying to Please, sir. Hold on. Hold on. I'm calling my aunt right now. >> Okay. Hey, I just need you to unlock me. I I got to back up for her SFS T, sir. Hey, you're off. Thank you. >> How's it going? >> Yeah, you might. >> Welcome to the >> Yeah, I'll I'll be here in a few. >> Sure. >> Yeah, if I need to do a tow, I'll call you back. All right. Thanks. Okay. >> Hey, cuz. Hold on. Hold on. Hey, cuz. Hey, look. Hey, I just got pulled over by the police, right? Cuz, can you hear me? >> Yeah, dog. What happened to you? >> Hey. Call your Okay, this is my cousin on the phone, right? He work for the city right here. Hey, I just got pulled over by the um What are What is you? >> Rock Island police. >> Rock Island police. They saying my You know your insurance, you know the cars used to be in your mom's name, right? Okay. He trying to tell What is you trying to tell him? >> The insurance card is expired. >> He said their insurance card is expired and I'm I'm calling your mom right now to um you know, pretty much just see why what's going on. That's my guy. But, I don't know Look, right? Call your I'm calling I'm calling your mom, right? Cuz mom right now to see what's what's going on. Uh let me see. Cuz I just switched the car over in my name like a week ago. But, the insurance is still good until the 16th of January. Huh? >> Yeah, it's still good. >> Talk Talk to the police officer cuz he he think >> Regardless of what you guys are saying, I need a piece of paper in front of me with a valid date on it. >> What I'm saying >> don't have it. Okay? >> Right. What >> What honestly, I don't need to talk to anybody else. I'm just That's just >> a ticket, he just take the actual insurance to the court? >> What I'm What I'm saying is, sir, like This is my aunt. She's 70 years old. She's 70. I've been paying her insurance for Cuz, listen to me. Put me on >> I'm listening to you right here, man. What's up? >> Okay. >> All right. It's my brother. I'll explain to you. >> I Okay, you know my car been in your mom name for over a year, right? >> Okay. Okay. >> Okay. He's saying the insurance I got in my name is saying expired. But, it's not expired, but he don't want to I don't know if he want to call the insurance and figure this out. What I'm saying is I've been calling your mom, which is my auntie, to figure out why this insurance, you know what I'm saying, and in her name. But, I don't know what's going on right now. Listen to me. >> Okay. >> Call your mom and tell her that I'm on the Arsenal Bridge and they I don't know what's going on right now. I'm trying to figure What's going on right now, sir? Like, am I finna get a ticket for the insurance? >> Yeah, you you you're going to get a couple tickets. >> Why is that? >> For no headlights. >> Headlights? >> Yeah. >> Oh, no. No. No. No. No. >> They were off. They were off when I first saw you. >> Okay. Okay. I'm sorry. This is automatic. This This This This is a car. Like, I don't >> Okay. >> Okay. I'm sorry about that, but this supposed to come on. This is a auto I know. What I'm saying, this car is smoking. >> All right. I'm just going to be be straight up with you, okay? >> Listen, I'm talking I'm Cuz, can you hear me? >> issue. >> Okay. >> All right. I can tell you've been drinking. >> No. No. >> Yes. Yes. >> Okay. Okay. >> Speech is slurred. Yep. I can smell it even though you're chewing gum, I can smell it. >> I don't know what's going on right now, so >> I'm going to ask I'm going to ask you right now, do you do you want to participate in participate in field sobriety testing? >> Uh field sobriety testing? >> Field sobriety testing. Do you want to participate? Okay. >> What does that mean? >> I'm going to just get I'm going to give you a few tests to ensure you're safe to drive, okay? Right now, I have a reasonable suspicion to believe that you're under the influence of alcohol, okay? >> No, I'm not under the influence of sobriety, sir. >> Okay. Do you want to participate in field sobriety? >> What do I have to do for that? >> You do three tests out here on the road, and if you do well enough on the test, you'll be let go here tonight, okay? >> What What's the test, sir? >> It's a walk and turn test, >> Okay. >> one legged stand, >> Okay. >> and then I'll do a do a test with your eyes. >> Okay. >> So, there's three tests that you do. >> Okay. >> Do you want to participate in field sobriety? >> I'm saying what about I mean I'm not drunk, so I don't know I I don't understand what you're saying. Like I I would do the test, but I'm saying So, I just do these tests and then what? >> And we'll we'll go from there, but I have to have a verbal consent that you want to do field sobriety testing. >> What's a verbal? >> Verbal means you say out loud to me that you want to participate in field sobriety. >> I mean I don't have no problem doing it. >> Okay. All right, just go ahead and turn the car off and step out for me. >> So, can you please tell me what the test is again? You say uh >> It's three tests. We'll test your eyes, you're going to do a walk and turn test, and you're going to stand on one leg. >> Okay. >> It's three tests. >> Okay. Where where are you at, man? I don't >> Here, stay on the phone with you. >> I'm I'm on the um Arsenal Bridge. >> Snuck out. I'm going to stay on the phone with you. >> What is What is going on? >> Cuz the lights weren't turned on on the car, so we got pulled over. >> You got pulled over for insurance? >> He said that the insurance is coming back is coming back as expired. >> Right. >> But he just paid the insurance. >> You got pulled over for insurance? I don't have insurance. Okay, I'm ready to take the I'm ready. >> doesn't want to talk to you. So that doesn't matter right now. >> Okay. >> All right, you can come. We're on the Arsenal Bridge. >> Okay, let me tell let me tell you something. If he comes up here, he's going to go to jail for obstruction. >> he works for the city of Rockdale. >> care. >> Okay. >> He said if he comes up here, never mind. Just forget it. >> Okay, all right. >> I just don't want to talk to the officer right now. >> Okay, all right. I'm I'm ready to take the uh the test, sir. Okay. Go ahead and step out for me, okay? Take your seat belt off and step out for me, all right? >> All right. So there's three tests, right? I just want to make sure we're on the same page. >> Yeah. >> What is the test? >> I'm going to test your eyes. I'm going to do a walk and turn test. >> What does the eyes mean? >> I'll I'll explain it all to you when you get out of the car, okay? >> No, that's not what I That's not what I'm saying. He said my eyes test and what else? Because I need to know what's going on. The eyes test >> Mhm. >> I don't know what that means. >> I'm I'll explain it to you once you get out of the car, >> Okay, and what else is going on? >> We're going to do a walk and turn test and you're going to stand on one leg. >> Okay. >> Those are your three tests. >> So I pass these tests, then what happens? >> If you do well enough on the test and I and I don't have enough indicators, I'll let you get back in the car and you'll be able to drive. >> All right. Sir, I'm finna I'm I'm >> Mhm. >> I'm not drunk. But, when you say I I don't I don't know what that mean when you say eye test. >> I'm telling you I'll explain it to you when you get out here, okay? >> I'm okay. But, what I'm saying is like when I'm saying eye test, I don't know what that means. >> I'll I'll I'll read you the instructions when you get out here. Word for word, I'll read you the instructions, okay? >> What? I'm You say I I just want to know why I got pulled over. I need to tell my family cuz you said my lights was off. >> Yep. You drove with no lights on, and I stopped you here, okay? >> Okay, so I'm finna do like a um No, I need I need to tell my family cuz they need >> Okay, this this is the deal. >> Okay, I'm I'm over >> You got to hang your phone up, okay? If you're going to do my test, all right? >> All right. All right. All right. All right. >> All right. I'm going to have you walk back here towards my squad car. Just walk straight towards the lights for me, all right? >> Okay. Sir, I don't know why my headlights was off. >> Mhm. >> But, it's it's a um I got one of those 2008 cars. >> Okay. >> It works pretty much like a um You know, it's >> It's kind of cold out here. >> I got you. >> So, yeah, you can zip your coat up. I'll I'll go quick, okay? Just hang out right there for me, all right? Okay. >> Just stand you should do, all right? Just stand >> All right. >> facing my car. >> Facing my car? >> Heels, yep. Facing my car right here in front. >> Okay. >> All right. Need you to stand heels and toes together, just like this. Arms down to your side. You got to take your hands out of your pockets for this test, okay? >> All right, I know that. >> All right. This is a This is the start position. Just stay just like that until I get in there and read the instructions, all right? >> All right. >> [clears throat] >> Do you have any eye problems, anything like that? Do you wear contacts, nothing like that? >> I don't wear glasses, no. >> You don't wear glasses, nothing? >> I got good I got good vision. >> Good vision? All right. So, can you see my fingers just fine? Look at my fingers. Can you see them just fine? >> For sure. >> Okay. >> Okay. >> All right, keep your head still and follow my Follow my fingers with your eyes only, okay? >> [clears throat] >> Don't move your head. >> I'm not. >> Do you understand these instructions? >> Yes, sir. >> Okay. >> Okay. >> Just follow my fingers with your eyes. Don't Don't move your head, all right? >> Okay. >> Hey, once you got You got to keep your head straight forward, all right? >> Okay. You said don't move my head, you said. >> Yep, don't move your head. >> All right. Sir, don't move my head, sir. I'm I'm just following your instructions. It's really cold out here. I just want you to know that. >> Okay, I'm going I'm going as fast as I can, okay? >> Okay. I just want you to know it's cold out here. I'm I'm not moving my head. >> Under When versus United States, any observed traffic violation provides constitutional justification to stop. A vehicle without headlights at 2:00 a.m. clears that bar without difficulty. The encounter then expanded lawfully. Berkemer versus McCarty established that roadside DUI questioning during an ordinary stop is non-custodial. Miranda warnings are not yet required. The DUI charge falls under Illinois Compiled Statutes Section 11-501, subsection A, paragraph 2, which requires no measured back, only the totality of observable indicators. Slurred speech, the odor of alcohol masked by gum, disorganized communication. The Illinois Supreme Court in People versus Ware confirmed this totality framework as sufficient for probable cause. Standardized field sobriety testing in Illinois is voluntary. The officer cannot compel performance. He must obtain unambiguous verbal consent, which the body cam here documents cleanly. The three NHTSA validated tests measure clue counts that correlate with impairment. Cold weather affects the walk and turn and one leg stand, but goes to weight at trial, not admissibility. The preliminary breath test under section 11-501.5 is admissible to establish probable cause, but inadmissible as substantive proof. At the roadside, it remains voluntary. The implied consent statute at section 11-501.1 applies later at the station. Refusal there triggers a 1-year civil license suspension, but no criminal conviction. That distinction is critical. The defendant had lawful avenues to refuse. He chose flight instead. >> I was following out of this tree. It's like negative something. I only weigh like 150 lb. >> All right. So, that's that's all for that test, okay? >> sir. >> Okay. Well, hurry up and knock these other two tests out real quick, all right? All right. Turn this way right here for me, okay? Face your car. All right. Stop right there. >> I'm sorry. >> All right. So, what I need you to do, we're going to pretend there's an imaginary line right here, okay? Straight line. >> All right. >> I need you to place your left foot on that imaginary line and place your right foot in front of it touching heel to toe, just like this, okay? >> Left foot first, right? >> Yep. >> Okay. >> All right. Put your right foot in front of your left. >> All right. >> All right. Heel to toe. And stay just like that. You got to take your hands out of your pockets, also. >> I'm cold, sir. I got my >> Okay. We'll we'll we'll hurry up and get through this fast as we can, all right? >> I'm sorry. >> So, keep your hands down to your side and just >> hands? >> No, I'm not I'm not going to feel your hands. >> I'm saying I'm not drunk, but I'm saying what I'm saying is it's a it's freezing out here. >> Okay. Just let me get through the instructions and we'll we'll we'll have a dialogue, all right? So, arms at your side. This is start position, okay? Stay in that position until I get get done giving you your instructions. Do you understand that so far, okay? So, when I say begin, you're going to take nine heel-to-toe steps down this imaginary line, all right? >> Down this line? >> Yep. Don't start yet. Don't start until I tell you to do so, all right? So, when I say start, you're going to take nine heel-to-toe steps down that line, all right? >> All right. >> On your ninth step, you're going to leave your front foot on the line and you're going to take a series of small steps to turn yourself around. When you get turned around, your first step is going to be one again and you're going to take nine more steps, all right? >> All right. >> All right. So, it's going to look like this. One, two, three, and so on up to nine. You're going to leave your front foot on the line, take a series of small steps like this, okay, to turn yourself around. >> Yeah. >> When you get turned around, your first step is going to be one again, okay? >> All right. >> One, two, three, and so on up until you get to nine, okay? >> Nine steps. >> All right. Don't start yet. Don't start yet. Keep your arms at your side at all times. Watch your feet. Count your steps out loud. >> All right. >> And don't start walking once you start the test, okay? Do you understand? >> We by river, all right? >> Do you Do you Do you Do you understand >> River, all right? >> Yeah, but did you understand my instructions? >> Okay. Count nine and 10, then turn around. And then, uh, count to nine again and then turn around again. >> Yep. Just do it Just do the test like I instructed you to do, okay? That's >> It's called Okay. Where you want me to start? >> You can go and start whenever you're ready. >> Okay. One, two, 3 4 5 6 7 8 9 Turn around, right? You said 9, turn around, right? >> Yep, complete it how I told you. >> Okay, sir. I'm following you. It's cold out here. It's cold. I'm talking about I only weigh 150. 1 2 3 4 5 6 7 8 9. You said turn around, right? You said turn around. I'm just saying >> Just you got to just do whatever the instructions that I gave you, okay? >> said turn around. Now, what I do now? Cuz you said You said walk around this way 9 come back. >> Uh-huh. >> Okay, so what >> Did >> What do you want me to do now? >> Did I say that? What did What did I say to do? >> around and back. >> Okay. Did I give you any other instructions after that? >> No. >> Okay. So, that that's the end of the test, okay? >> Okay. >> All right. So, the next test, face me. This is the last test, all right? >> Sir, can you feel my hands? I am >> No, I can't I'm not going to feel your hands, boss. >> I'll freeze them. >> Yeah, turn turn toward me real quick. No, no, no. Face Get over there and face me. >> Okay. >> All right. So, this is going to be the one leg stand test, okay? You got to put your arms down at your side and heels and toes together just like this. This is the start position, okay? When I say begin, you're going to raise either foot, left or right, whichever one [snorts] you choose, about 6 in off the ground, keep your foot level to the ground, punch your toe out, okay? Keep your leg straight, watch your toe and count out loud in the following manner: 1,001, 1,002, 1,003, 1,004, 1,005, and so on and so on until I tell you to stop. Or it's going to be approximately 30 seconds, okay? >> Okay. >> All right. So, at any point in time, if your foot touches ground, just pick it back up and continue counting where you left off, okay? All [clears throat] right, any any questions? >> No. >> Okay, do you understand, right? >> count to 30, right? >> Yeah. >> Okay. Okay. >> All right. >> It's cold. All right. >> You can begin. >> 1 2 >> You got to get your hands out of your pockets, boss. >> 1 2 3 >> Arms down to your side for me. >> 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 It's cold. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 >> All right. >> Okay. >> Stop. Okay. >> I'm on the way 100 miles. It's cold out here. >> All right, so I'm going to I'm going to just be honest with you, okay? Do you want to provide a breath sample? >> A what? >> A breath sample on a portable breath tester. >> What is that? >> It's a roadside breath tester that I can get a gauge about where you how much alcohol that you have, okay? On your breath, okay? It's a portable breath tester. It'll test the amount of alcohol that's in your breath from your lungs. >> I don't I don't understand why you say why you say that. >> Cuz right now >> I mean, I would have passed it if you feel like I'm I'm I'm I'm >> Okay, right now >> I'm cold out here, so I >> Okay, I got you. Right now I have I have enough probable cause to arrest you, okay, for driving under the influence of alcohol. Okay? Do you want to provide a breath sample? >> What does that mean? >> You want to blow in my roadside machine to see what your blood your breath alcohol content is. >> I mean Why do you say you have enough to arrest me? >> You I have enough indicators on my test, okay? Do you want to provide a breath sample? >> I mean I did get everything you told me to do. >> Mhm. >> That's what I'm trying to figure out. >> Okay. So, you had enough indicators on my test that >> It's like >> Let me know that you is is very >> It's 40° out here, so >> Okay, but still it let the test give me a good gauge of a person that's under the influence of alcohol, okay? >> Okay, so >> Do you want to provide a breath sample, corner? >> I mean, that's what I have to do. I mean, I don't know I That's what I have to do. That's what I do. >> it is it's yes or no. It's consent. I can't I can't force you to do it. >> I don't understand what's going on. >> Okay. You got you It's either yes or no. I can't I don't know what other way to explain it to you. >> asking you questions cuz you the police officer and I'm I'm the civilian. >> Mhm. >> I don't I'm I'm asking you like I just did everything you wanted me to do. >> Okay, and you had enough indicators on my test that is very indicative of a person under the influence of alcohol, okay? So, I'm asking you now do you want to provide a breath sample to gauge where your alcohol content is? >> Okay, what I'm what I'm asking you as a police officer >> Mhm. >> Okay, you want you asking me to provide a breath sample. >> Mhm. >> And I'm saying like what did I do to to to pretty much to you asking me to do this, like like I'm saying I'm freezing to death. >> Mhm. And I And I'm taking that into account, but I also know that I have reason to believe that you are under the influence of alcohol. >> Okay. Um You have a breathalyzer? >> Yeah, I got one in the car. You want to You want to do it? >> I'm saying what I'm I'm trying to figure out is I didn't pass your test. >> You gave enough indicators on it that I have probable cause for an arrest. >> Arrest for what? >> Driving under the influence of alcohol. >> Okay, you you you can do the You can do the breathalyzer. >> You sure? >> I'm saying like I don't know what you're saying. Like I'm not a I'm not I'm not You know what I'm saying? I'm not a I don't know what's going on right now. I'm trying to figure this out. You're telling me You're telling me >> I believe that you're under the influence of alcohol, okay? >> Okay, we can do the test. We can do the test. We can >> All right. You want to provide a breath sample? >> Okay. >> All right. Hey, just hang out right there for me. I'll be right back, all right? Hey. Hey, do me a favor, boss. Just walk back here toward my car. Hey. I promise if you don't GET IN THAT GET OUT OF THE CAR. GET OUT OF THE CAR. OH, HE WOULDN'T STOP. >> UNDER ILLINOIS Compiled Statutes Section 31-4, obstructing justice occurs when a person with intent to prevent apprehension knowingly conceals himself. Obstructing justice is a class 4 felony sentencing range of 1 to 3 years or probation. A first offense DUI is a class A misdemeanor. First offense DUI typically resolves through court supervision, fines, and education, often without a permanent conviction record. The defendant traded that path for a felony. The collateral consequences are permanent barriers to employment, housing, and professional licensing, plus loss of federal firearms rights under title 18, section 922, subsection G, paragraph 1. On the use of force analysis, Tennessee versus Garner limits deadly force against a fleeing suspect to imminent threat of serious harm. Graham versus Connor judges all force from the on-scene officer's perspective. The officer's decision to disengage from the door of a moving vehicle was correct under both standards. Modern IACP pursuit policy similarly discourages chase for non-violent misdemeanors. The tactical failure was earlier at the moment probable cause was articulated. Best practice requires securing the subject before retrieving any equipment from the patrol car. Turning away from an unrestrained subject in immediate proximity to a running vehicle made the flight foreseeable. That was the unforced error. Now the grades. The Rock Island officer earns a B minus. Sound stop, exemplary procedure, defensible articulation undermined by the arrest restraint lapse at the decisive moment. The Arsenal backup officer earns a C plus. Adequate presence, but no positioning to intercept when the flight occurred, the very purpose of cover. The subject earns a D, cooperative through testing, but the choice to flee transformed a recoverable misdemeanor into a permanent felony record. The Rock Island Police Department earns a B, strong fundamentals on training and de-escalation, but the encounter reveals a policy gap on the secure then retrieve protocol. Now the lessons. For officers, probable cause creates a duty to secure. Restraint precedes retrieval. The instrument can wait. An unrestrained subject cannot. Coordinate the arrest team before turning your back. For citizens, every right at the roadside remains available at the station and in court. Refusal is lawful. Flight is criminal. Lawyers fix bad investigations. Flight creates new ones. The structural truth of DUI enforcement most catastrophic outcomes come not from the alcohol, but from the response to investigation. Panic is the multiplier. A first offense DUI is recoverable. A felony obstruction conviction follows the defendant for life. The arithmetic of that trade-off is unforgiving. Let us know if there is an interaction or legal topic you would like discussed in the comments below. 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