foreign the reason I pulled you over is for 35 on a 20. in Guadalupe coming from cereals Road I saw your vehicle make a U-turn and then you just started going 35 okay which is 15 over the speed limit yeah uh any reason for that do you have your driver's license on you where are you coming from we had any alcohol tonight ma'am none at all to me it smells like you've had alcohol I'm sorry smells like you've had some so you're saying that so you're saying I could be wrong yeah yeah you ever consume any alcohol today uh maybe a drink earlier but not right now so normally what people do and I'm not saying that's what you do okay normally when I pull people over they like to put gum in their mouth oh yeah I can take it out if you want and I mean I'm not too worried about it now but that's usually what people like to do to try to like change the smell of it okay so give me one moment all right I'm Marissa check it out here so here's what we're gonna do okay I'm gonna make sure that you're safe to drive okay I'm gonna do what we're gonna do is build the writing test Okay and like I said the only reason is is because I can smell it I could be wrong I'm a human being I'm not perfect okay um but that's an observation that I'm making okay you might just stepping out for me real quick and if you're good I'll get out of your hair already so what I want you to do let's go ahead and uh well well for this part we'll stay out of the mode sorry it's kind of just weird how you pulled over you know what I mean sorry so what so what I'm gonna do real quick is I'm just gonna check your eyes okay do you have any head injuries yes have you ever had one yeah do you are you wearing contacts any reason why you wouldn't be able to walk in a line or balance for me anything you'd like me to know before we start any of this no okay so what I want to do is just go and get your hair out of your face a little bit if you can what I'm going to do is I'm going to check your out it's nothing crazy it's not a vision test what I want you to do is just put your feet together hands down to your side you're going to start the tip of my left index finger as I move it side to side okay as I move it side to side you'll follow with only your eyes do not move your head whenever I stop moving it I just need you to continue staring at it okay any questions [Applause] and stay staring at it right there this way [Music] I'm almost there I'm gonna go up twice and then we're done okay I know it's freezing out here ready so here's what we're gonna do real quick we have to run through these okay so what I want you to do is stand right here on my light for me this is pretty simple too I'm gonna give you instructions demonstration if you have any questions feel free to ask this allow me to explain it first okay are you gonna have any issues walking in those no okay so again just watch me and do not start into anything until I tell you okay so when I tell you you'll place your right foot in front of your left foot touching heel to toe and you'll maintain that position go ahead and do that for me right now and again don't move okay what I want you to do is stay just like that until I tell you okay do not start till I tell you so you're going to imagine a line forward on the line you'll take nine Heel To Toe steps every single step your heel will touch your toe just like that okay once you take nine you're gonna turn around and then you'll take nine more Heel To Toe steps back to understand okay again don't move I'm just gonna show you okay so you'll see I'm standing just like you this is zero okay this is the starting position when I say begin first step one two three all the way up to nine on your ninth step you're going to keep your front foot planted on the ground you're gonna take a series of small steps to Pivot and turn around did you see how I did that and then you take nine more one two three all the way back up to nine okay while you do this is keep your hands on your side look at your feet and Counting step out loud like I did and don't stop till you're finished okay oh foreign together hands on your side this is the last one okay so when I tell you you're gonna raise either foot of your choice left or right whichever you prefer okay when you raise that foot it's gonna be approximately six inches above the ground that's your best guess doesn't have to be exact it's about the height of a soda can okay when you stare at that foot you're gonna be staring right at your toes you're gonna count out loud one thousand one one thousand two one thousand three one thousand four and you're gonna continue to count out loud just like that so that I can hear you okay while you do this your arms are down to your side your legs are straight okay so watch me I'm gonna use my left foot for the demonstration but that's only because that's what I'm comfortable doing okay if you want you can use either foot of your choice just watch me again my arms are going to be down to my side my legs are going to be straight when I say begin you will not bend your knee forward backward none of that crazy stuff to the side okay just has to go right out in front of you okay one thousand one one thousand two one thousand three toes pointed forward foot parallel to the ground you know what parallel means cool any questions for me like I said I'll tell you when to start and then I'll tell you when to stop okay all right I'm gonna begin 1001 1002 1004 1005 1006 1007. 1010. 11 2012 1013 2014 2015 2016 2017 1018 2019 2020 2021 1000. alrighty check it out so I got a proposal for you okay my decision's already made this is not going to change anything me asking you this is strictly a favor okay it's voluntary you do not have to say yes even like I said even if you do even if you do it not gonna change anything if you say no it's not going to change anything okay what it is it's a portable breath test okay what I want you to do is provide me a breath test sample so I can see where you're at okay if you're under an 08 which is the legal limit which in this state doesn't matter you can be arrested for an O3 okay but I'm telling you right now whatever is it whatever it is it is okay um but I want you to do that for me if you're willing to yes sir okay cool so just give me one moment come right over here for me so I can see right there okay that'll give you your ID back no okay so here's a few things okay and I'm just gonna ask you you don't have to tell me okay obviously when you get when you are in the car I noticed alcohol okay I can smell it your eyes are red okay and 35 under 20. for that right speed okay um when did you say your last drink okay do you know what it was Cheetos okay do you know how much you had I just had one drink yeah yeah what's your like coverage is that a lot for you or is that kind of just not too much six shots is my limit my roommate and you only had one no sir okay and you said that was about how long ago one to two hours ago yeah okay how do you think you did on those tests over here honestly I thought I did pretty good okay um so what my car has been snap tampon I've been grown for sure okay so here's the thing all right I know it it sucks but I'm gonna have to take it a joke okay so the observations that I made I believe that you're impaired okay I think you had more than one for sure okay in my opinion you you had more than just that okay like I said I can smell it um and based off of the observations that I made okay it's not a passive failed test there's clues that we're supposed to look for um that's my obligation okay I know it sucks that's just kind of the reality honestly I do have to be honestly okay so what I'm gonna do is is this your friend here okay who did she come in her own vehicle yeah just going to stand up for me can I ask you why yeah for DWI for driving under the influence she's only had one drink tonight can I see the breathalyzer test uh we haven't taken one can you take a breathalyzer test basically beforehand we can I I asked her if she wanted a voluntary one but she already said no you took a voluntary Test please or no if you don't want to okay you you still want to do it okay here's what we're gonna do okay let's come right over here and I just need you to stay over there okay I'll show you it's no worries I mean but it's just for the purpose of what I'm doing ice is for the purpose of what I'm doing that's fine but I know yeah you could absolutely do whatever you want it's just within my space working space you're good home I can't follow you home you know that what's your name officer Cruise what Lobster Cruise office Cruise what I'm not I'm not sure no no smart ass I'm if you're asking my first name it's Fernando Fernando yeah okay thanks so what I wanted to do okay it's real simple you just take a nice deep breath you blow into the straw you're gonna hear a click um but just keep going until I tell you already just so there's no confusion let's take a nice deep breath in and blow keep going keep going keep going keep going keep going there you go show the results see you next time what is it it's taking its time it's not showing them yet what does that say it's a 0.18 isn't it nope 0.08 is the limit what did that say on there okay wait one zero yeah okay 56 10 15 15. all right foreign [Applause] [Music] so the only thing about rubies is not alcohol you know what I mean these breath alcohol things are specifically for alcohol yeah so like even if you took Coke or meth or something crazy like that it wouldn't pop up on these machines Okay and like I said it's not like I like taking people to jail that's the worst example oh I know I've been there before especially people that are cool I'm cool you guys are nice like I'm not trying to be out here doing nothing but I don't know that's the only reason why I'm being like I feel you baby I feel like this is your friend you care about her I know it matters right you know what I mean she's my friend I care about her I've been to jail before I hung my own ride home I understand that's the one that's the only reason why I'm so and like I said like for example right and this is just to keep it real with you yeah there was a drunk driver who hit somebody head-on two young girls is just like your age they were out on the ground okay and that's like those are all and that was like two hours ago okay that was like two hours ago so that's like awful [ __ ] to see you know what I mean and I've if I don't if I don't do my job things like that happen you know what I mean I [ __ ] okay you you did Park okay okay let's come over here real quick okay what do you mean it's right here right here I just need you to take a seat for me okay and then if you don't mind just put your legs inside the car okay I have to I know I can't understand okay I just need you to put your legs for her yeah I just need you to sit all the way in the car can you just open your mouth lift up your tongue cool 56 you can start the 20 minutes please just listen so listen to me I'm about to tell you something important you're under arrest for DWI you know Mexico Empire consent act requires you to submit to a breath test to determine the alcohol content of your blood after you take our tests you have a right to choose an additional independent test if you choose to take this additional independent test you have a right to a reasonable opportunity to arrange for a positioning a licensed nurse a laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by the law enforcement agency do you agree to take our test 326 is probably concerned agreed so I got to put this seat belt on for you okay yeah if you don't mind bro uh Wednesday the fourth unless it's past midnight in Mississippi yeah is it past midnight possibly I don't know yes it is okay so it's the fifth all right you will probably either be out today in the afternoon in the evening that's realistically what's going to happen okay how much is a bond uh there's not going to be any bond because she's going to get out today I can't make any promises but there's no bond in this city that's fine I'm I'm just asking no no I want to give you the information okay so what it is so I'm more appreciative of you so what's gonna happen is she's gonna go down over there to the jail she'll get booked in and it's likely like at a maybe one or two o'clock she's gonna see a judge and by five or six she'll have somebody come and how many DWIs are you allowed to have in the state of New Mexico uh we're not allowed to have any right but before it's felony level three if your fourth one is felony fourth one is done yeah can you turn on my carpet yes I can I will take the keys out of her car if that's okay with you if she wants you to keep the car go ahead I'm not driving the car I'm just taking the keys out of her car and one of my siblings come and pick me up they can drive her car whatever if that's all right with you yeah that's fine okay if that's okay can I actually turn it off and that's it um he's gonna get the keys and all that stuff okay I'll grab your phone do you need anything anything else nice yeah she wants her phone I can have her phone thank you she wants her phone she's not going to be able to get it until after you're right but when she when she gets out how she gonna call you to come pick her up she knows [ __ ] but if she wants her phone though hey are you able to give her a sticky note I mean I don't mind but I think she wants her phone because you guys are gonna take her regardless her phone regardless what do you mean take it you guys are gonna come just get her phone regardless the jail will but she's gonna get it back when she gets out of jail to call you baby do you want a sticky note with my number on it or or to take your phone it's up to you do you have a stick enough I don't have a sticky note but I can write it down do you want to take your phone with you yeah you can take your tickets can I get a sticky note please okay I'll give it to her mama can you do it real quick can I use it uh her phone please what are we doing because we gotta bounce I can't like I can't stay here no I literally have like I have to do my job you know what what number okay I wanna I wanna give it to her myself because come on notes if you want to be difficult I can be difficult too I'm being cool with you but you're not allowing me to do my job I'm just giving her a ride I'm not trying to be doing I'm not gonna take her phone like why would I do anything no it's all on camera hold on I'm not trying to be mean it's just I've been in jail before I don't want the same thing happening to her because when I was in jail people didn't allow me to get my mother's phone number that's all but you know that's not me though and I want her to have herself I know just just write down the number that you needed outside it's not it's not you it's just the people inside we're not able to contact you that's the thing we're not able to contact you we're only able to contact the POS that's the only thing and they didn't allow me to even contact contact my own mother I feel you that's the only can I take my phone do you want to take your phone with you or no yeah I just need to have her unblock someone I'll allow you to do that when you're at the station I'll give you your phone I appreciate it can I give her one more phone number please write whatever you need to write on there I appreciate you um I'm just happy you guys are being cooperative because when I went to jail it was a different story no I feel you that's that's the only thing I'm not trying to be rude I'm not trying to be disrespectful or anything that's all I'll never take it personal it's all good okay like I said I know you care for your friends so I don't mind where's my phone it's over here yeah but I gotta close the door like literally we got like 30 seconds so whatever you need to do I just need the number what's your number what's the password what's the password I'm not trying to be rude I'm really not just get the phone number for her I'm trying to I promise you I'm not trying to be rude or anything I'm literally just trying to get through everything I know under blocked contacts what is it it's the last one yeah five zero five four six nine five three two nine five three two nine yes ma'am thank you I've been here before I'm not trying to be rude no you're good you could just rip out the paper for me okay thank you she's gonna give it to her myself I mean it's just a piece of paper no she's gonna have it she's gonna have her phone she'll even call you from the station if you want well she's gonna have her phone I didn't even have my mama's number she's gonna have all this okay babe can we follow you to the station is there any way you could get her absolutely no you can't there's no buy another foreign