a little bit worried about you. Have you been drinking tonight? >> No, >> not at all. >> No. >> How old are those empty cans in that box? >> Um, old. >> There's a lot of traffic. >> Yeah. >> A Florida driver, a dog in the front seat, a deputy who cited the back of her license to justify a DUI investigation. The question is whether the law actually supported that move. >> Hi, >> Deputy Ron Lake. County Sheriff's Office. Oh, hello. >> Hi. Oh, and he's sweet. >> Okay. >> Sorry. >> Reason I'm stopping you is when you turn on a 441 back there, you kind of just like rolled the red light past the bar and on the 441. >> I'm sorry. >> That's okay. You got your driver's license with you? >> Yeah. >> Sorry. He like he totally like >> Is it just a dog? Yeah. >> Over the front seat. >> Okay. I was wondering if there was somebody else back here. >> Yeah. No, it's just him. He I'm sorry. Yeah, I was paying attention to him a little bit. >> That's fine. Uh, do you still live in St. Petersburg? >> Yes. >> Where you coming from? >> Um, we're from Leburg. >> Yeah. >> Okay. >> That's where we just picked him up. >> Okay. Do you have insurance registration in there as well? >> Um, on my phone. >> That's fine. >> Okay. I can't show you my insurance card until I get it up on here. >> Oh, it's totally dead. Do you have your registration? >> I don't know if I keep it in the car. I'm sorry. >> That's okay. me. >> No, I just cut like tags recently, so probably not. >> Okay. All right. Give me just a second. All right. >> Yeah. >> All right. So, a little bit worried about you. Have you been drinking tonight? >> No. >> Not at all? >> No. >> How old are those empty cans in that box? >> Um, old. >> There's a lot of trash. >> Yeah. I'm sorry. Can you look in the back? It's the same way. >> Okay. Like, like when are those from? Uh, two weeks ago at the beach when it was nice. >> Okay. Have you had anything to drink tonight? >> Last night? >> No. >> Did I give you a reason to? >> We just left. We just picked up Zoro from her mom's house. >> Yeah. >> So, did I give you a reason to think I was drinking? >> Yeah. Your your eyes I can see like every vein in your eyes. They're totally bloodshot. They're glassy. Your pupils are dilated. >> Your driving pattern's a little bit strange. >> Yeah. like driving under the speed limit, kind of weaving within your lane. You roll through the red light, that's why I stopped you. >> The stop itself was clean. Red light violation, bloodshot eyes, dilated pupils, sublimane weaving. Those observations established reasonable articulable suspicion under Terry versus Ohio. The investigation was legally justified from the outset. Ordering the driver from the vehicle was equally sound. Under Pennsylvania versus Mims, an officer may order a driver to exit during any lawful traffic stop. No further justification required. >> It was a yield. >> No, it was a red light. >> I thought that's what you said. >> No, it was a red light right there. 441 and 44. >> It's a red light. >> We just picked up Dora from her mom's house and then >> I don't really know like what gave you that. So, so if I get a portable breath test out of my car right now and I give it to you just to check to make sure you're safe to drive, it's going to show zeros across the board. 100%. >> Well, no, you have no reason to like breath test me. >> Okay. But if you haven't drank anything, then shouldn't be a concern, right? >> No, but you also I didn't give you a reason to think that. >> Well, I just explained it all the my reasons to you. >> Cuz my eyes are blood. >> Uh-huh. >> I have a lot of makeup on. in your eyes. >> But where does my house? >> My house is right here in >> Okay. >> It's 21 Avenue. >> Okay. >> Have you been drinking? >> No. >> Nothing at all? >> No. >> So, if I do the same thing and I give you the portable breath test, it's going to come back all zeros. >> Okay. So, >> so here's the thing. I I asked you guys this question and and a sober person that said, "Hold on, listen, listen, listen, listen." A sober person that's had absolutely nothing to drink is like, "Yeah, absolutely. I'm going to blow into it. It's going to blow zero. We're going to be good and we're going home." >> I just feel like I didn't give you a reason. >> And 100%. >> We just picked her dog up from her mom's house and like we literally just left there. >> No, I'm going to be 100% honest. Yes, I have had a couple I had four. >> Okay. And you're not driving, so that's that's fine. Warm culture is probably all >> but I'm worried about you cuz you're riding. >> My my like there is nothing wrong with what I was doing. >> No drinks whatsoever. >> Nope. >> Okay. Can I check your eyes? >> Yeah. >> Like like >> But you have no reason to. >> Can I have you come out and do field sobriety exercises to make sure you're safe to drive? >> Can you tell me why? >> I'm going to show you even better. >> The back of your driver's license, right? or I guess on the front. Operation of a motor vehicle constitutes consent to any sobriety test required by law. Right there at the bottom. >> Okay. That's what you want to do. >> So listen to me. You have the right to No, listen. You have the right to refuse. >> But I'm I'm telling you what it says on your Listen Listen to me up. What What did Listen to me. Okay. What is your >> I'm telling you what it says on your driver's license by signing your driver's license saying you're going to drive in the state of Florida or any of the 50 states in United States. >> You're saying that you're agreeing to do these field sobriety exercises. You can refuse. However, >> however, >> if you refuse, I have to go based off my observations. >> The legal issue begins here. The deputy told Nikki that language on her driver's license required her to submit to field sobriety exercises. That is incorrect. Florida statute section 316.1932. The implied consent law covers chemical testing only. Breath, blood, or urine administered after a lawful arrest. Roadside field sobriety exercises are not covered. They are voluntary. Full stop. Refusing field sobriety exercises carries no administrative penalty in Florida. No automatic license suspension. No criminal exposure. The driver's license text does not change this. The statute is unambiguous. The consequence when an officer's advisement implies refusal carries legal penalty. When it does not, that creates a coercion argument. In suppression proceedings, a defense attorney would challenge whether participation was truly voluntary and whether those observations should have been admitted at all. >> And my observations right now lead me to believe that you're a toxic. >> You literally drove the speed limit. You have no reason to be upset about anything. 39 and a 55 is the speed limit. >> 39 and a 55. >> Uhhuh. >> Do you see the dog that I have with me? Do you see him being the way that he is? >> So that's it. >> Believe it or not, I work 16our shifts with a dog in my car and I drive. >> Yeah, I'm trained. So no, I I refuse. >> Okay. You don't want to do anything? >> No. >> Okay. Go ahead. Step out for me. >> Shut the [ __ ] up. What is your problem? No weapons on you? >> Nope. >> Okay. Do you have shoes? >> Yes, in my car. Okay. >> He's sweet. He's He's >> a little big. >> Okay. >> Is that what you want me to do something in? >> Well, I'm going to give you the one more opportunity to do these Philariety exercises. If you want to, >> okay, >> and and you're safe to drive, we can do that. >> So, here's the thing. What do you want from me? >> That that fulfills a variety exercise. I'm asking if you're willing to come. >> Sure. >> I just want to feel comfortable. I have a dog in my car. So, if you were worried about what I'm doing in my car, it's because we had a dog in my front. >> I I absolutely nothing to This has nothing to do with the dog, >> right? But you're worried about me drinking. So, I'm telling you why I was going >> worried about you driving after drinking. >> No. So, I was driving the way I was because I had just picked up a dog >> and and these mom's address. So Nikki, these field sobriety exercises are going to show me that you were driving because of the dog. You were driving that way because of the dog and not because of alcohol. >> Let's do it. >> Okay. >> Okay. >> All right. Give me just a second. Just wait here. >> No, we don't do that. I couldn't even do that sober. Okay. He's going to explain it to you. >> You followed me all the way from there. >> You were looking followed me all the way from when I picked that dog up. >> No. >> Yes, you did. >> No, I was at the gas station. I never saw you there. >> Do me a favor. You stand with your hands to your side. >> Yeah. >> Okay. >> I'm going to have you do one more exercise. Okay. >> Did I have to pass everything? >> They're not They're not pass or fail. We told you that. >> Is that it? >> No, there's one more. >> There's one more. Okay. >> Is that it? Legally. >> These are all field sobriety exercises. All the things that I explained to you about your driver's license that you agreed to for driving >> because I want to make sure that you're safe to drive. >> Okay. >> Okay. Just like the last one, you're going to stand with me. Last thing. >> You're going to feet together, arms straight down to your sides. >> Feet together. All right. When I tell you to, you're going to take your fingers with just your pointer finger out. Huh? >> What? What? I don't need to do this. That's it. >> Listen to the instructions. >> I feel like you're like, what is your deal? >> I'm trying to make sure that you're safe to drive and everybody else >> drive. I just did the sabari. I feel like you're giving me an extra. >> I can show you the packet. There's more. After this one, we could do more. And I'm not going to do those. Yeah, there's like five or six we can >> There's a lot more. >> Okay. >> Okay. When I tell you to, you're going to take just your pointer finger and you're going to put your arm straight out like this. >> Okay. >> You're going to tilt your head back. You're going to close your eyes. And I'm going to say either left or right. When I say left or right, whichever one I say, you're going to take your pointer finger. You're going to touch it to your nose, the tip of your nose, and put it directly down to your side. >> Okay. >> Okay. Whenever I tell you we're done, whenever I tell you you're done, you can >> You know I'm nervous. >> I I understand. I'm not trying to make you any more nervous than you already are. Okay. >> Okay. Okay. Okay. >> So, when I tell you that we're done, then you can relax. But during the during the whole time of the exercise, make sure your head is tilted back, your eyes are closed. >> What would you like? >> And when you touch your pointer finger to the tip of your nose, you put it right back down to your side. All right. >> Okay. Feet together. All right. Pointer fingers out, arms out. Left. back down to your side like I told you. Right. Remember, once you touch, put it right back down to your side. >> Okay. >> Left, right, left. Okay, relax. On test reliability, the National Highway Traffic Safety Administration requires precise, standardized administration for each exercise. Nikki noted she could not perform certain balance tasks, even sober. that is legally relevant. Florida courts recognize that anxiety, physical conditions, and roadside environment affect performance independent of alcohol. Standard defense grounds. >> Okay. He he's going to explain to you. >> Okay. So, based on your performance this year, I do believe that you are driving under the influence. You're going to be placed under arrest. Put your arms behind your back. Uh put your hands together like you're praying. Other way, like palms together. There you go. And bring them down a little bit. Bring >> just relax. Relax your arms. There you go. >> There you go. >> Do >> you have somebody that could come get the car? >> Can you tell me why? >> Because I don't want to tow your car. >> No, I said why is my performance not capable? >> We believe you're impaired beyond your normal faculties. >> Did I not just do it? >> Do not pull away from me. >> I didn't do anything against what you guys said. I gave you the I gave you everything. Well, based on both of our observations, we believe that you're impaired beyond your normal faculties and as unsafe to drive >> because they didn't bloat. >> Well, no. I'm asking you what >> we're going to go back here. Go ahead. >> Nikki was charged under Florida statute section 316.193. She pled no contest, was found guilty, and received 12 months probation and a 6-month license suspension. The citation refusal charge was dismissed. Deputy Rodney B minus solid probable cause proportionate arrest deducted for materially misrepresenting the implied consent statute. A factual error that compromised the voluntariness of every field sobriety test that followed. Nikki B. She correctly challenged the deputy's legal basis. She was right. She complied without physical resistance. Lost points for the no contest plea which closed the door on a suppression argument that had genuine merit.