I've been doing this the entire time. All right, have a seat for me. Watch your head. >> Should I put my feet in or no? I'm scared. I'm scared. >> butt in. All right, put your feet in. I'm scared to move. Okay. 122 mph on a Florida Interstate. Breath alcohol content of 0.194%. Nearly 2 and 1/2 times the legal limit at night on a public highway. This is the Tampa Police Department DUI investigation of June 11th, 2023, and it is a masterclass in constitutional DUI procedure. Let's break down the law behind every move Officer Wilson makes. All right, good evening. My name is Officer Wilson with Tampa Police Department. Is everything okay? Okay, what's going on with your driving? No, you didn't. Try again. I've been behind you. I've I've been behind you since Howard Frankland. Do you have your license with you? Yes, of course. But, honest to God, I have a Do you have your insurance as well? And they messed up my car, so you can see that. When did this occur? Okay. That has nothing to do with your driving tonight. Okay, can I see your license and your registration and insurance, please? After you give me your license and registration, please. Excuse me? I understand. Okay. Do you have your license with you, ma'am? I'm sorry? If that's where your wallet's at. Can you reach it? 685 is that your number? Okay, I definitely don't need your credit card. All right, do you have your insurance? Uh, you need to find it on your telephone. All right, hang off on it. That's all right. Hang off on doing that. Step out of your car and come back here. Alexa, we can look that up in a minute. But, I'm going to ask you to step back here. Thank you. Come on over here for me, please. Okay. All right, I'm going to set it right here. Okay. Do you see a doctor for any known medical conditions or anything like that? Okay. But, I was referring to you personally. Do you see a doctor for any known medical conditions? Okay, do you wear glasses or contacts? You had LASIK. Okay, do you wear glasses or contacts? Okay, now, are you wearing contacts now? All right, are you a diabetic? Okay, are you? What do you do for a living? I'm so sorry? Real estate? Okay. Reason I'm asking you these questions, Alexa, is I can smell the odor of alcoholic beverage on your breath. How many alcoholic beverages have you had tonight? One. You had one? Okay. Okay, I understand. Why were you traveling 122 mph on the Interstate? Do you realize you almost rolled your vehicle back there? All right. I would like to check your eyes as part of field sobriety to make sure you're okay to drive. May I do that? Okay. For our safety, let's step over on over here, that way this is in between us and the cars. I'll help you over. I'm going to go turn these front strobes off. Notice the deflection tactics kicking in. She's talking about her dog walker, her job in real estate, and California weather. Anything to distract from the fact she was clocked at a lethal 122 mph. As they start the field sobriety tests, keep in mind, these are actually divided attention tests. The officer isn't just checking her balance. He's testing if her brain can process simple instructions while under stress. Watch closely how much she struggles to perform [music] the tests. Like the video if you want to know what happened next. Okay. So, what I'm going to ask you to do is face me, please. All right, stand with your feet together like this. Your hands, just let them fall naturally down the the pant where your pocket is of your pants. Do you understand? Okay. I understand. Okay, so 685 All right, I'm deciding on the state on the side of the field, so I don't need to write it out. Okay, Alexa, I apologize. All right, so like I said, stand with your feet together. Let your hands fall naturally down by your pants, okay? Don't stick them in your pockets, just let them fall naturally. Do you see the tip of this pen? And what color is the tip of that pen? Red orange? All right, that's my finger. So, follow the tip of this pen with your eyes and only your eyes. Do not move your head. Do you understand? Keep your head still, please. Okay, so I understand, but here's the deal. All right, and I understand that. But, understand this is a very important process of this investigation. That's why just take a few minutes, just look while there's anything else to follow with your eyes, okay? We're going to pick up right where we left off. Hands down by your side, please. Okay, go ahead and stand comfortably. Alexa, do you take any prescription pills? What do you take? All right, do you see a doctor for that? Okay, and may I ask what that medical condition is? I'm sorry? Okay. All right, based on everything that's going on, I'd like to ask if you'd be willing to take some additional field sobriety exercises. The initial stop requires no deeper analysis. Radar confirmed speed, 52 mph over the posted limit, gives the officer, not merely reasonable suspicion, but full probable cause under Delaware versus Prouse. Pennsylvania versus Mimms then authorizes the exit order automatically as a routine matter of officer safety. What happens next is the pivotal evidentiary moment. The officer states on camera the odor of an alcoholic beverage on the subject's breath. That single articulated fact elevates a speeding stop into a lawful DUI investigation under Florida Statute Section 316.193. The subject's admission to drinking is fully admissible. Under Berkemer versus McCarty, Miranda warnings are not required during a routine traffic stop. The The Fifth Amendment protects against compelled testimony, not voluntary statements. Florida field sobriety exercises are technically consensual for non-commercial drivers, but refusal is admissible at trial as consciousness of guilt. The officer's request framing, quote, may I do that correctly preserves this doctrine. Every procedural courtesy that follows has a legal purpose. Medical pre-screening eliminates false positive defenses. Turning off the front strobes protects the horizontal gaze nystagmus result. Clearing debris and offering footwear removal defeats walk and turn challenges. This is the Nitsa manual executed in real time. By the time of arrest, probable cause is overwhelming. Extreme speed, near rollover, odor of alcohol, partial admission, and functional refusal more than sufficient under the totality of circumstances doctrine. The search that follows is lawful under United States versus Robinson. The search incident to arrest exception. Force throughout remains at the absolute floor of the Graham versus Connor continuum. Verbal commands only, escalating to soft empty hand control for cuffing. The breath test proceeds under Florida's implied consent statute, section 316.1932. Birchfield versus North Dakota confirms warrantless breath testing as a valid search incident to DUI arrest. The 0.194 reading triggers Florida's enhanced penalty tier, section 316.193 subsection 4, exposing the subject to doubled fines and mandatory ignition interlock. Those exercises? I don't I'm sorry. >> know if I was with alcohol. I literally was with my dog walker tonight, so I will do whatever you need me to do. >> So, what I'm going to do is I'm going to go get a little piece out of my out of the trunk in my car. Hang out with these officers just for a second, okay? So, are you comfortable in the shoes that you are wearing? I will take them off if you want. Well, what do you got? You got slides on? Okay. So, one of the things I'm going to ask you to do is a heel-to-toe step. Some people will find doing it barefoot most people who are wearing sandals decide to take them off, but it's 100% your choice and what you're comfortable with. So, would you like to wear them or take them off? Okay. All right, come on over right here to my line, please, facing me. Do you want me to put my right foot Okay. Well, what I'm going to ask you to do is raise your left hand. Put your left foot on the line. Go ahead and let your hands fall naturally by your sides. Okay? Take your right foot, put your right foot directly in front of your left foot, heels touching toes. All right, remain in this position while I explain and demonstrate the exercise. Do you understand? Okay, so when I ask you to and not until I ask you to, you're going to take nine steps down this line. Turn around like I'm going to demonstrate for you, take nine steps back. So, when I ask you to begin Let's get a couple of these rocks out of here just to make sure. So, 11 steps. Okay. Nope, nine steps. So, what I'm going to ask you to do Okay. Like I said, I'm going to So, what I'm going to ask you to do You're really mad. Like you're trying to like set me up for like failure. But so, nine one to 11 cuz you just kicked two rocks away. So, let's go. So, you want >> Okay. You want to step nine steps or 11? Like I said, I'm going to ask you to take nine steps down this line. Turn around like I'm going to show you, take nine steps back. When I ask you to begin, again, heels touching toes, both feet on the line, hands naturally down by your side. Look down at your toes, count out loud as you walk. One. Two. Three. So on and so forth, so on and so forth until you reach your ninth step. When you reach your ninth step, leave that that forward foot on the line. Take your back foot, take several small steps till your face in the direction that you just came from. Again, heels touching toes, hands down by your side, looking at your feet, counting out loud so that I can hear you. Count out nine steps. One, two, three, so on and so forth until you reach nine. It's important to remember heels must touch toes at each step. Hands rest naturally down by your pockets, not in your pockets or anything, just naturally by Okay. But by your side, like this, okay? Look down at your toes and count out loud as you walk. Once you begin the exercise, you cannot stop the exercise. Do you have any questions? Yes. What What's your question? Wilson. Wilson? And what was your badge number? 137. Florida. >> Do you have any questions? Yes, you're in Florida. Yes, I know I'm in Florida. Okay, well you said Florida. So, do you have any questions about the exercise? And I answered both of them. Yes. Okay. Do you have a question about the exercise? Do you have a question about the exercise? Okay. Once you begin the exercise, you cannot stop the exercise until you've completed the exercise. All right? And once you begin, I cannot answer any questions. So, again, do you have any questions, Alexa? Wilson, 137. Yes. Do you have any questions? Yeah, it's got nothing to do with this, ma'am. Okay. Do you have any questions about the exercise, Alexa? Alexa, do you have any uh I don't want you to get confused here. Do you have any questions about the exercise? So, my questions are based on the exercise or my questions are like Do you need to see the exercise again? No. Okay. Are my questions based on the exercise or am I allowed to ask you any questions? Is that what I'm asking? I'm going to ask you if you have any questions about the exercise so that you can perform the exercise. Okay? Are there any questions? Would you like to perform the exercise? Yeah, but you just asked me if I had So, if if we are, let's go ahead Alexa. So, So, here Hang on, time out. That has nothing to do with this. We're on the side of the interstate. So, you can argue with me about this. Yes, you are. You're telling me that you want to perform the exercise. You're telling me Alexa, stop. So, would you like to perform the exercise? Okay. Do you have any questions about the exercise? About the exercise, yes. What is your question? What is your question about the exercise? I'm going to give you an opportunity to perform the exercise. But I'm not going to sit here with three officers and yourself on the side of the road while you dance circles around me. So, if you would like to perform the exercise and if you don't have any questions, let's assume the Let's assume the position. And I asked you to begin. All right, stop. Stop. When you twist and turn, it ain't going to work. Stop. Alexa. My job in this department and how long has nothing to do with you performing the exercise. Relax your hands, please. All right, this officer is going to search you. Do you have anything on your person that we need to know about? >> Nothing at all. When you're ready, we can put her in my car. There we go. Let's put your shoes over here. Put your shoes on for me. It's going to go with you. It's going with you. Put your shoes on for me. Okay. Alexa, let's you walk so we don't have to carry you, please. All that's going with you. Okay, come on. All right, turn around, put your Put your rear end on the Put your Put your rear end right here. Come on. All right. Go ahead and lean back. Lean back into me. There you go. There you go. Because I don't want you to fall forward. Okay. Ready? Ready? Okay. Come on over. All right, well just listen to what we're saying. You're going to have a seat in my car, okay? All right, have a seat for me. Put your head >> I should put my feet in or no. I'm scared. I'm scared. >> in. All right, put your feet in. I'm scared to move. Okay. Alexa, I have your cell phone. I have credit cards and some gift cards. Do you have anything else in that car that you absolutely need? My wallet and my I The contents of your wallet are in here. Right. The wallet itself is going to stay in there. And house keys. So, we have the keys to the car. Are the house keys somewhere separate? Where are those at? Not separate. They're attached to the car All right, there's nothing attached to the car keys. >> They're on the black lanyard. Okay, there's nothing attached to that. Is there like a fob or something? Okay. Step out of the car for me, please. Can you stand over right here on my light for me, please? Oops, sorry. I caught your hair. Flip the other way. All right. Is that good for you? Okay. So, your question So, here's the deal. It's a breath test, okay? Come on, walk with me. Actually, before I do this, do you have anything on your Look, hear me out. Hear me out. Let me finish asking the question, okay? Do you have anything on your persons that the officer missed? Tylenol, aspirin, anything like that because anything that goes in there is a felony. So, I ask everybody all the time. Okay. All right, come on over. All right. Officer Wilson earns a grade of A. Flawless probable cause, textbook Nystagmus sequencing, and 15 straight minutes of composure under sustained verbal evasion. The subject earns a grade of D-. Catastrophic public safety risk, partial admissions, and strategic paralysis, neither invoking her rights nor complying with the test battery. The Tampa Police Department earns an A- reflecting excellent observable execution without full policy visibility. Three practical takeaways. For law enforcement, narrate your observations on camera. A single articulated sentence can carry an entire suppression hearing. For drivers, never drive after drinking, period. But if stopped, understand that half cooperation is legally the worst strategy. Either fully comply or clearly invoke your rights and request an attorney. Partial compliance combined with roadside admissions hands the prosecution its case. For everyone, professionalism is not about politeness. It is the machinery that makes the evidence stick when the case reaches a courtroom. If there's another interaction you'd like us to break down, let us know in the comments. Thanks for watching.