Have you been drinking any alcohol today? >> No wores. Yes, guys. >> What's that? >> No wores. >> Okay. Did Have you drank any alcohol today? >> No, sir. >> No. What about this morning? >> No. >> Okay. Is there empty case of beer right there? And there's a bottle underneath your seat. >> Oh, that was for some friends, sir. On July 20th, 2020, a Mundelion, Illinois police officer responded to a driver slumped over the wheel at a major intersection during morning rush hour. What followed was a textbook welfare check that evolved into a DUI arrest with a final breath alcohol reading of.248% three times the legal limit. This case offers one of the cleanest examples in recent body cam footage of how three constitutional doctrines interact in a single roadside encounter. >> Sir, sir. Sir. Hi there. Are you okay? >> Oh, yeah. Dad. >> Okay, sir. What's your name? >> Jack. >> Jack? >> Yes, sir. >> How you doing? >> Good. >> Do you feel okay? >> Yes, sir. >> Okay. Do you know where you are right now? >> Oh, how many mirrors? >> What's that? >> East Drive. >> Okay. That's not where you are. Do you have any medical issues? Can I call you an ambulance? >> No, sir. >> Okay. >> I don't have any ammo for assistance. >> What What's your name? Jack. >> Jack. >> Jack, will you do me a favor? Can you hand me your keys from your car, >> please? I want to make sure your car doesn't go anywhere. >> You want me to pull out some more? >> Nope. Nope. I just want you to hand me the keys right now. I want to make sure your car doesn't go anywhere cuz I want to make sure that you're feeling all right. Thank you. I'm just going to put them up here cuz I don't want your car to go anywhere. Okay. Do you have any identification on you? Any ID or anything? >> I do. Oh, shoot. >> Have you been drinking any alcohol today? >> No worries. >> What's that? >> No wores. >> Okay. Did Have you drank any alcohol today? >> No, sir. >> No. What about this morning? No. >> Okay. Cuz there's an empty case of beer right there and there's a bottle underneath your seat. >> Oh, that was for some rent, sir. >> Okay. All right. Do you have your ID with you today? You can put down the phone. I just need to get your identification. >> Oh, yes, sir. Sorry. I am. Don't worry about your phone right now, okay? Just grab your identification for me, please. Oh, goodness. I had uh I am in a vacation here, sir. That looked like a wallet there. Could your ID be in your wallet? >> Oh, here you go, sir. >> Thank you very much. >> Thank you. >> Where are you headed to this morning? Uh, just going back to my house. >> Okay. Where were you at this morning? >> Oh, just did a friend of mine, sir. >> Okay. Where was that at? What town? >> Um, I I don't remember, sir. >> Okay. What's your friend's name that you were at? >> Um, I I don't remember, sir. >> Okay. All right. Just hang tight here for a second. Okay, John. A second officer arrived on scene to further investigate the suspect for impaired driving. >> Hey, John. How you doing? >> Oh, hi. >> How are you? >> Oh, good. How are you? >> Good. Good. Uh, so I understand you were kind of sleeping at the at the wheel here. >> Uh, no sir. >> You were not sleeping? >> No. >> No. Have you had anything to drink? Any alcohol to drink? >> No sir. >> No. Uh, there's beer at your feet there, bud. What's that beer from? Were you drinking that? >> It's okay. You don't have to reach for it. >> A couple days ago, sir. >> You had that beer that's at the bottom of your feet. You had that a couple days ago. >> Yes, sir. >> Okay. Okay. Um, I'm going to need you to step out the vehicle for me. Okay. >> Yes, sir. Thank you. >> I had him take the keys out cuz I didn't want the driveway. So, the keys are up by the front there. >> Go ahead. Step off for me. Okay. Clear, sir. >> What's that? >> Are you out? Clear, sir. >> Clear? What do you mean? Of what? >> Of any uh shooting knives or anything, sir? >> Knives? I'm clear of knives. Are you clear of knives? >> Yes, sir. >> Are you sure? >> Do you have any weapons on you I need to be concerned about? >> Uh-uh. >> Nothing. Okay. >> No, sir. >> Go ahead and step out. >> Okay. >> You okay? >> Yes, sir. >> Okay. All right. Come on over here for me. >> I think you wet yourself. >> Oh. Sorry. Sorry. >> Okay. Um, >> I get scared real easy. >> So, John, let me take this from you. That's pretty smashed up. Just >> going to put it back in the seat. >> John, you have an odor of alcohol coming from your breath. Okay. When I pulled my mask down a little bit, I was able to smell it. You have open beer bottles in the car. Okay. Um, I would like you to be honest with me. You've also wet yourself. I'd like you to be honest with me. How much have you had to drink? >> Just beers. So, >> just beer. How many beers? >> Just one. Just one beer. Okay. Um, at this time, for your safety in mind, I'm not going to put you through standard field soriety test out here on the road because we are in the middle of a lane. I'm going to but I am going to place you under arrest for suspicion of DUI. Okay. Driving under the influence of alcohol. Do you understand that? >> Um, >> okay. >> Yes, sir. >> You're going to come back to the station with me. We're going to do some paperwork. I'll explain everything to you. Okay. But I'm going to walk you back to my vehicle and I'm going to put you in handcuffs. Okay. You can walk with us. We're going to go right over here. >> What about my >> We'll take care of that. Okay. Careful. I don't want to I don't want to end up in traffic. Okay. >> Yes. >> Just go ahead and put your hands behind your back around your back. Your back >> right here by your other one. >> There you go. I'll search since I have these on. >> You have anything else on you, John? >> No, sir. >> Okay. >> That's my phone. >> Okay. Yeah. I put your phone back in your car. We can grab it. Okay. We're going to go to the other side of the car. I'm going to help you. >> We're going to go to this side. Careful. >> Sorry, sir. >> No, don't be sorry. I just want to make sure that you're okay. No, I hit the lock button. Sorry. Sorry. Go ahead. Take a seat. Probably put your butt down first and then swing your feet in. Okay. >> Yes, sir. >> There you go. All right. I'm going to buckle you in. All right. All right. Go ahead. Lean back for me. There you go. In the search of the suspect's vehicle, a total of five empty beers were located on the floorboards of the front seats. Following the arrest, the suspect was taken to the Mundeline Police Department for further DUI processing. Careful. Careful. Okay, we're going to make left. Left left. Okay. Sit. There you go. I'm going to have you remain seated, okay? Because I don't want you to hurt yourself. Just lean forward for me so I can take them off. Lift your hands up. Oh my god. >> The first doctrine is community caretaking. Under Katie versus Dumbrossski decided in 1973, officers may approach a motorist to render aid without probable cause where objectively reasonable safety concerns exist. The 2021 decision in Kiglia versus Stum narrowed this doctrine inside the home but preserved it fully on public roadways. a driver unresponsive at a controlled intersection plainly satisfies that threshold. The second doctrine is probable cause under the totality of the circumstances. Critically, no single piece of evidence is required and the standardized field sobriety test battery is not a prerequisite to arrest. Nitsa training expressly authorizes officers to discontinue or relocate testing where roadway conditions are unsafe. Here the officer documented six independent indicators of impairment before any test was attempted. the driver's unresponsiveness, disorientation as to location, multiple open containers, inconsistent statements about drinking, physical instability, and the odor of alcohol. Probable cause was overdetermined. The third doctrine governs chemical testing. Illinois compiled statutes 625 section 5-11.1. The the state's implied consent law deems every motorist to have consented to chemical testing upon a lawful DUI arrest. The Supreme Court's 2016 Saxon ruling in Birfield versus North Dakota confirmed that warrantless breath tests are constitutional incident to such an arrest while warrantless blood draws generally are not. The fifth amendment is not implicated because under Schmurber versus California, chemical testing is non-estimonial. One additional point deserves attention. Roadside DUI questioning is non-custodial under Burkimer versus McCarti, meaning Miranda warnings are not required. Every statement the driver made before formal arrest was admissible without any rights adisement. >> Sorry. >> Good. Good. Okay. You just you have his ID on you? >> Sorry. >> That's okay. >> Do you have your ID? >> Yeah. Uh I have it. I have it. >> What? >> Yep. Okay. What's the phone number for you? >> I I didn't do fields on the street. >> I don't I don't uh we'll try to get through what we can, but for safety, I don't want to fall. So, this way. There we go. That way. Is that how it's supposed to go? It only turns in so it's upside down. Is that okay? >> No. Go the other way. >> Are you going to be my breath out then? >> Yes. I already started your way. Okay. Wonderful. And you don't have anything in your check. Already check. Okay. >> Are you okay? >> Oh, yes, sir. >> Okay. Um, so John, I wasn't able to do standard field sobriety test out on the street with you. Um, because you were stumbling in the street. I was afraid we were going to fall into traffic. Would you like to perform some standard field sobriety test for me here? >> Um, whatever would make you feel comfortable. Yes, sir. >> Okay. So, if you would perform some standard field test for me here. >> Yes, sir. >> Okay. >> Whatever. Mhm. >> Okay. So we still do balance HGM walk and turn one leg stand >> and we do um >> balance balance and turn one leg and what >> walk and turn. >> So the HGN >> eyes the balance >> and the walk and turn. >> No finger to nose. >> No finger and nose. >> No. >> Okay. >> Go ahead and stand up for me. Okay. We're going to perform what's called a balance test. Okay. Um, I don't know if this is smart. We just have to show this. I'm just going to pull up your shorts. All right, John. Yes, sir. >> Back up right there. >> There's going to do a balance test. Okay. What I need you to do is put your hands down at your sides. You're going to tilt your head back, close your eyes, and you're going to hold that position for 30 seconds. Okay? Put these feet together. Go ahead and put your feet together. >> Toes together. There you go. There you You're going to tilt your head back, close your eyes, hold that position for 30 seconds. Let me know when you've come. You've come to 30 seconds in your head. >> Now, close your eyes. There you go. >> Okay, we're going to stop that test there. All right, because I don't want you to fall and hurt yourself. So, uh, the next test we're going to do, we do a walk and turn test. >> Back up. >> Okay, we're going to back all the way up. >> Actually, let's do the one leg stand, which is not going to happen. Okay, go ahead and you're going to attempt this test. Okay, it's called a one leg stand. What you're going to do, remain in the same position you were as the balance test with your arms down at your sides. You're going to take one of your feet, either your right or left foot, you choose which one. You're going to lift that foot approximately 6 in above the ground, and you're going to count out loud to 30 for 30 seconds. If at any time you put your foot down, I want you to lift it right back up and continue counting where you left off. Ar look down at your feet the entire time. Arms down at your sides. Go ahead and begin. >> Yes, sir. One winner, one token, 3 minute, four token, 5 seconds, five six, six arm short. >> Okay, we're going to stop that test right there. Okay. Uh the last test we have to do is called a walking turn test. Okay. So, I'm going to back you up all the way to the end of this. You see there's an orange line underneath. >> Okay. I'm going to back you all the way up to the end of it. Right here is fine. Okay. You are going to place your left foot on that line. >> Right foot on that line. Yep. >> Yes, sir. >> Place your right foot on that line touching heel to toe. You're going to remain in this position while I give you the rest of the instructions for the test. Okay. >> Yes, sir. >> Okay. What you're going to do is take nine heel to toe steps forward. You're going to make a turn. Take nine heel to toe steps back. Okay. Arms down at your side the entire time. Look down at your feet. Okay. Test looks like this. 1 2 3 4 5 6 7 8 9. On your ninth step, keep your front foot forward and in place. Make a turn using several small pivot steps. Take nine heel to toe steps back the same way you took fourth. Look down at your feet the entire time and count your steps out loud. Do you understand those instructions? >> Yes, sir. >> Okay. Go ahead and begin. three four five six >> Okay, John, we're going to stop the test right there. Okay, and have you sit down in this seat right here? >> Okay, just sit right there. Okay. >> Yes, sir. >> Uh John, do you take any medications? >> No, sir. >> No. Okay. Um, and you you indicated that you had one one beer, >> how long ago was that? >> Yeah. >> Um, >> what time is it, sir? >> What time did you have your last beer, do you think? >> Um, 8 uh 8:20. >> Okay. 8:20. Following the field sobriety test, the suspect was eventually read the Illinois warning to motorist form and consented to providing a breath alcohol sample. >> John, wake up. >> Yes, sir. >> Okay. Step up here. I want to see if you want to give a breath test. Okay. If you don't want to give a breath sample, you you don't have to. Just under the counter here. Yep. Okay. Turn. Turn. Just stand just stand right there. Okay. You okay? >> Yes, sir. >> I don't. All right. All right. Dad. So, this is going to You're going to give a breath sample. If you don't want to, you can refuse it. Okay. But if you want to give a breath sample, this is a clean mouth piece. I'm putting in here. I want you to take a deep breath and blow like you're blowing off birthday candles and keep blowing until I tell you to stop. Okay? So, it's sort of a big breath. Okay? You don't have to hold on to it. All right. Do you understand? >> I do. >> Okay. So, you're going to take a deep breath and just blow like you're blowing out birthday candles. You don't have to breathe into it. Just blow into it. So, you want to take a deep breath. Okay. >> Yes, sir. >> Okay. >> Okay. Come down here. Put your mouth on the mouth, please. Take a deep breath. Okay. Okay. And then put your mouth in and blow. Blow. >> Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. All right. Take a seat. Back up. You're welcome. There you go. The sample yielded a result of.248% breath alcohol content. In court, the suspect John was charged with operation of uninsured motor vehicle transportation or possession of alcoholic liquor in a motor vehicle, stopping, standing, or parking outside business or residents district, and two counts of driving under the influence or DUI. On December 14th, 2020, 4 months and 24 days after the arrest, the defendant entered a plea deal which disposed the second count of DUI as withhold judgment with the remaining four charges disposed as Nola Proquay. This means the prosecution chose to no longer pursue these charges. On December 13th, 2021, the terms of the sentencing were completed and the disposition became terminated satisfied. He was ordered to pay $3,162.70 in total assessments. This amount has been paid in full. John was further sentenced to no time in jail, supervised supervision for 1 year, 100 hours of public service, and ordered to attend DUI school. >> Okay. Um, John, what city are you in? What time is it now? >> The Mundeline officer earns an A minus. The early seizure of the vehicle keys neutralize the most immediate public safety risk. Force never exceeded soft empty hand control. The loan deduction is the absence of an early medical evaluation which would have ruled out non-alcohol causes such as diabetic emergency or stroke given the severity of the disorientation. The driver earns a D as a matter of legal strategy, not personal character. He cooperated, never resisted, and apologized all admirable conduct. But every shifting answer he gave strengthened the prosecution's case. Three practical takeaways. First, when stopped by police, identify yourself, provide license and registration, and politely decline to answer substantive questions. The Fifth Amendment protects silence, but only when it is invoked. Second, refusing a breath test is not a free pass. In Illinois and most states, refusal triggers an automatic license suspension and the underlying DUI charge can still be proven through other evidence. Third, the safest legal posture is the simplest. Do not drive after drinking. A ride share cost $20. The total assessments in this case exceeded $3,000 plus mandatory DUI school and a year of court supervision. The math is not close. Let us know in the comments if there is an interaction or legal topic you would like analyzed next. Thank you for watching.