My husband >> Your husband what? >> money. >> Well, is that supposed Does that make you above the law, Ms. I just It makes no difference whether you're a block from your house. >> Why can't you just let me go home? >> I know it's frustrating. >> You're pissing me off. >> I'm sorry. >> You make this so impossible. >> Well, it's not impossible. >> No, because I'm old. >> No, because you're old. I'd be happy to inform your husband that he I think your husband might be going with us, too. Have a seat. >> On December 23rd, 2023, Sergeant Wagon of the O'Fallon, Illinois Police Department initiated a traffic stop after witnessing multiple simultaneous traffic violations. Under Terry versus Ohio, a lawful investigatory stop requires only reasonable articulable suspicion, a threshold the officer exceeded before the vehicle even came to rest. The Fourth Amendment permits the stop. Pennsylvania versus Mimms further establishes that once a stop is lawful, an officer may order the driver from the vehicle without additional justification. Both conditions were satisfied here. >> Evening. >> Hi. >> I am Sergeant Wagon of the O'Fallon Police. For a couple reasons I'm stopping you today. One, you came across Second Street without stopping at that stop sign. You did not stop completely cuz you crossed You crossed Smiley right in front of another car that had to hit their brake to prevent from hitting you. And then you were driving on the wrong side of the road on Second Street there. Is there a reason for any of that? And then you just turned left or turned right here without using your blinker out from the left lane. >> I never use my blinker here. >> You never use your blinker here? You know it's a law, right? >> I'm sorry. >> That's okay. Do you have your driver's license on you? >> Yeah. >> And your proof of insurance. Where you come from tonight? >> I was at Shooter's with my husband who retired. >> Oh, I got you. Where did he retire from? >> Bruce's Auto Repair. >> Okay. How long you been there? >> Where? >> At Shooter's. >> Oh, like 8:00. >> Okay. >> Here's my license. >> Okay. >> Here's my insurance. Here's my license. >> Thank you. Miss Arnold, how much have you had to drink tonight? >> I had maybe three drinks. >> Maybe three drinks? What kind of drinks were they? >> Tito's and diet. >> Uh-huh. Tito's and diet? Okay, diet what? Diet Coke or Pepsi? Sorry, I'm a I'm a I'm a >> Whatever they give you. Whatever they give you. >> Whatever they're giving to you? Okay. Uh Arnold, right? It's your last name. Obviously, it's on your license plate, right? >> Yep. >> Miss Arnold, where are you headed to? >> Home. >> Okay. Without looking at a watch right now, I want you to look right at me. What time do you think it is right now? >> Probably like 12. >> Probably like 12? Okay. Miss Arnold, do you know the English alphabet at all? >> Oh, yes. >> You know, I'm not I'm not I'm not I'm not trying to insult you. I got to ask you. All right, so here's what I want you to do. Can you put your hands on your steering wheel for me for a second? >> I live a block from my home. >> I believe you that you're a block from your home. I can see that from your address. Um can you put your hands on the steering Both of them for me? Now, I want you to say All I want you to do, Miss Arnold, is you to say the alphabet, the letters of the alphabet. Not sing it, but say it from G to V. Can you do that for me? When I say start, can you Do you understand what I'm saying? >> I have to start G? >> You start at G and stop at V. Are you ready? >> H I J K L M N O P Q R S T U V. >> Okay. Well, I didn't tell you to start though, okay? Now, and you have to wait for me to tell you to start, but >> My husband >> Your husband what? >> gets you money. >> What is that supposed >> When asked about alcohol, the subject was not yet in custody. Miranda warnings were not required. Every statement she made, including the disclosure of three vodka drinks and later an espresso martini, was legally obtained and fully admissible. The Fifth Amendment's protection against self-incrimination applies to custodial interrogation, not roadside questioning during a lawful traffic stop, the subject voluntarily built the prosecution's case against herself. >> Does that make you above the law, Ms. Arnold? >> No. >> Okay. Well, I need you to step out here for me before you shut the car off for me. There you go. Wait right here for me, okay? Step out here for me. You can leave your phone in there. >> I live a block from my house, Bruce. Can I leave? >> Well, go ahead and hang up your phone and step out here for me. Let's walk back here. Do you have any weapons on you or anything, do you? >> Do I what? >> have any weapons or anything on you? >> I don't have I don't have any weapons. >> Okay, awesome. Can you walk back there for me, towards the back of your car? Thank you. Oh, god. Don't fall over. Go over here. Over here. Ms. Arnold, do you hear me talking? Over here. >> Yes. >> Right here. Stop right there. Turn and face me for me. You I see you're wearing glasses, right? Whoa, you okay? >> Yes. >> Okay. All right, well, step >> I live a block from my house. >> makes no difference whether we're a block from your house, okay, Ms. Arnold? The issue The issue here is whether or not you're safe to drive and whether you made a good decision to drive or not, Ms. Arnold. Okay, so right now, I'm not thinking that's a good decision, but we're going to I'm going to I'm going to give you every benefit of the doubt here, okay? Does that make sense? All right, so I'm going to have you turn and face me, that way your eyes aren't in the light, okay? Can you take your glasses off for me? Put your heels and toes together for me. Heels and toes together for me. Can you see how my heels and toes are together? Can you do that? >> Yeah, but you know what? That makes you >> It's It's a balance thing. Yeah, that's that's exactly what it's for. Can you put your heels and toes together for me? >> There's my husband. >> That's fantastic. Can you put your heels and toes together for me? Your Your husband's not going to do anything that's going to sway my decision-making whatsoever. Hey, George, you want to stop him? That's the husband. >> Why are you doing this to me? >> Doing what, ma'am? Checking to make sure that you're okay to drive. Is that what you're asking >> home. >> That's not my That's not my question. I got to make sure you're okay to drive home, okay? You see my finger right here, Ms. Arnold? >> Yes. >> Can you put your head in perfectly still for me? Put your arms straight up in the air. There you go. You see the tip of my finger right here, Miss Arnold? It's going to move back and forth in front of your face. I want you to follow with your eyes only without moving your head. Do you understand? You got to keep your head still. Do you understand what that means? >> Why, yes. >> Okay, put your arms out to your sides for me. Down at your sides. There you go. Tip of my finger is going to move back and forth, okay? Do you have any blindness in either eye or any eye abnormalities? I know you wear prescription glasses, but >> No, I don't think so. >> don't think so. Okay, perfect. Whoop, you got to follow the finger with your eyes only, okay? >> I'm going to follow your finger. >> I want you to follow your finger. Follow this finger with your eyes only, with your eyes, okay? Ready? >> Yeah. >> Nope, keep your head still, Miss Arnold. Only your eyes. Nope, arms out to your sides, Miss Arnold. You're not following instructions very good at all, okay? These are very simple instructions. All you got to do is follow my finger with your eyes, okay? >> Why can't you just let me go home? >> Because, Miss Arnold, because >> I'm a block from my house. >> And you drove And you drove from several blocks away. And you drove across a You drove across a busy roadway in front of another vehicle that had to hit their brakes to prevent from striking you. When you had the stop sign for that. Then you drove on the wrong side of the roadway. So, obviously, your driving was not safe to have been done. Hence, why you've been pulled over, Miss Arnold. And now, if you want me to let you drive home, I have to ensure that your safety even make it there. >> Will you let me go home? >> Miss Arnold, what did I just explain to you? >> Will you just let me >> What did I just explain to you? >> Will you just let me go home? >> If I feel that you're not impaired by alcohol, Miss Arnold, I'd be more than happy to let you drive home, okay? >> Mhm. >> Understand? But But we're going to have to actually follow instructions and do what we're going to complete these field sobriety tests, okay? So, put your hands back down at your sides for me. Down at your sides. Do you see the tip of my finger right here, Miss Arnold? It's going to move back and forth in front of your face, and I need you to follow the finger with your eyes only without moving your head. Do you understand what that means? Okay. Nope, keep your eyes on the finger, Ms. Arnold. You can blink if you have to. Just keep your eyes on the tip of my finger, okay? >> I just want to go home. >> I I I understand you want to go home. Me Me, too. >> dog who's >> Ms. Arnold. >> diabetic. >> Ms. Arnold, I want you to go home, too, okay? But we got to We have to get through all the rest of this. All right? Can you put your arms back down at your sides for me? You're having a difficult time remembering those instructions. >> Well, you keep You keep breaking up. >> want to go home. >> I want you to go home, too, Ms. Arnold, but you're delaying that right now. Okay? The longer we keep going starting over, the longer you're delaying that you're going You're going home, okay? Tip of my finger right here. Do you see it? >> Mhm. >> Back and forth in front of your face. Follow it with your eyes only. Keep your eyes on the tip of my finger, okay? Look, it's way out here, Ms. Arnold. You got to keep your eyes on my Ms. Arnold. >> I just want to go home. >> Ms. Arnold, you can't even follow simple instructions. >> Oh. >> I know it's frustrating to me, too. >> I just want to go home. >> Yeah, well. To get To get home, Ms. Arnold, you have to do this. >> there. Just let me go home. I'm a block away from my >> For that to happen, you're going to have to follow these instructions, okay? Do you want to try again? >> Sure. >> Put your arms down at your sides, heels and toes together. There we go. Tip of my finger. You see the tip of my finger? >> Yes. >> It's going to move back and forth in front of your face. Keep your eyes on the tip of my finger and follow it with your eyes only without moving your head. You understand? >> Yes. >> I just want to go home. >> Ms. Arnold. >> Can I just go >> Ms. Arnold, how many times have I explained this to you? >> Oh, just let me go home. >> I live a block away from my house. >> Ms. Arnold, do you want to complete the rest of this or not? Because the more you Every time you stop and take your eyes off my finger, stop and tell me you want to go home, we got to start over. And you're delaying that. Okay? >> Mhm. >> Do you understand that? So, are we going to try this again? All right, you've expressed that. It is noted, Ms. Arnold, that you want to go home. I am fully in understanding that you want to go home, Ms. Arnold, okay? So, you don't have to tell me that anymore. It is duly noted that you want to go home, okay? Can you draw a straight line just like this for me? Tip of my finger. Keep your eyes on the tip of my finger, okay? I know it's frustrating. >> me off. >> I'm so sorry. It's way out here. Nope, keep your Only your eyes. Move your eyes. You see the tip See my finger? >> Yes. >> Follow it with your eyes. I know. >> Okay. Can I just please go home and go to bed? >> The officer administered four NHTSA standardized field sobriety tests: horizontal gaze nystagmus, walk and turn, one-leg stand, and the Romberg internal clock estimation. All four are accepted as scientific evidence in Illinois courts. The HGN test measures involuntary eye movement caused by central nervous system depression from alcohol. It carries an accuracy rate exceeding 88%, the highest of all standardized field sobriety tests. The subject's repeated failure to follow test instructions is not simply non-compliance. Under NHTSA protocol, difficulty following instructions is itself a scored impairment indicator independent of eye movement results. >> Go real slow, Ms. Arnold, okay? >> Mhm. I see your finger. >> I know you do. And I'm checking your eyes. >> I just want to go home. >> I know you I know you do. And I appreciate that. >> And my puppy dog died back. I just want to go home. I'm a block away from home. >> more than a block, but it's okay. >> No, I'm two blocks or three blocks. >> Okay. >> I'm going to go down here and turn. >> Okay. Your eyes are on my finger. Keep that head still for me. Ready? Real slow. Go straight up, okay? >> Mhm. >> Keep your head still. Nope, bring your head back down. Only move your eyes. Take any prescription medicines for anything, Ms. Arnold? >> Yeah. >> What do you take prescription medicines for? >> Well, you don't know all of them? >> Mhm. >> Can I just go home? >> Ms. Arnold, the more you ask me if you're going to go if you can go home, we it's already been noted that you want to go home, okay? >> I want to go home. >> Do you feel like do you have any leg injuries, Ms. Arnold, at all? >> No. >> Leg or back injuries? Nothing at all? Perfect. Over here for me. See where my little flashlight is? I want you to stand on that flashlight and look at my police car, okay? Can you do that? You know, turn your whole body towards my police car. There you go. Now, what I want you to do, Ms. Arnold, I want you to put your left foot out in front of you like this. And put your right Now, I want you to imagine a straight line that comes out the width of your left foot that goes on forever, okay? Can you do that for me? >> Everyone that I think is impaired by alcohol or drugs, yes. >> to go home. I'm not drunk. >> I said alcohol or drugs. >> Oh, I've had I've had >> Let me ask you a question, Ms. Arnold. On a scale of 1 to 10, 1 being you barely feel the effects of the alcohol you've drank, and 10 being you're drunker than you've ever been before, where would you put yourself right now? >> 1 to 10? >> 1 to 10. >> 6. >> A 6? Okay. >> Can I just please go home? >> Okay. Ms. Arnold, do you want to do you want to attempt to get walk the straight line for me? No, you want to listen to the instructions? You're I want you to imagine a line, Ms. Arnold, that goes the width of your foot, okay? From your left foot. Goes on forever. The straight line. Now, nope, I don't want you to go any I didn't tell you to walk anywhere. I just want you to imagine a line in the sand. Miss Arnold, you're delaying that. Are you going to We could have been done with this 10 minutes ago if you would just listen to simple instructions. I'm trying to get you home, but you're not following any simple instructions at all. >> I just want to go home. >> I heard you. That's probably the 14th time I've heard you say that, okay? So, imagine that line that goes out from your left foot that goes on forever, okay? Put your right foot >> this to me? >> Put your right foot in front of your left like that. Heel to toe. Can you put your right foot in front of your left? Heel to toe. >> Yes. >> Can you do it like mine is? Your Your right foot's not in front of your left foot. >> Oh, you You make this so impossible. >> Well, it's not impossible. It's actually scientifically proven as accurate. >> to go home. I live a block from here. I just want to go home. >> I I agree with you that you live a block from here. >> I just want to go home. >> Okay. Do you want Can you even get into the starting position, Miss Arnold? >> Not like this. >> Not like this? Can you Okay. Well, I don't even feel comfortable trying to get you to do this because you can't even put your right foot in front of your left. >> home. >> Okay. Can you balance on one How about Can you think you can balance on one leg? Like if I wanted you to raise a foot, I don't care which one about 6 in off the ground like that, you think you could do that? >> No, because I'm old. >> No, because you're old? Okay. Well, how about this? This one's really simple, okay? So, all I want you to do is put your heels and toes together. Can you put your heels and toes together for me? >> No, because that's impossible. >> impossible. I'm standing just like it. >> impossible to balance like this. >> I'm standing just like this. >> Okay, but >> All right. Now, I want you to put your Keep your arms out at your sides. And when I tell you to, but not yet, I want you to tilt your head towards the sky and close your eyes. When I say start, I want you to think about 30 seconds passing. Whenever you think 30 seconds has passed, >> home. I want to go home. >> Are you here Can you hear me? >> Yes. >> Okay. Whenever you think 30 seconds has passed, bring your head back down and say stop. Okay? What's the word you're going to tell me? >> Stop. >> Awesome. All right, can you put your arms back down at your sides for me? Tilt your head back. Okay, heels and toes together. >> This makes you >> Heels and toes together. >> gosh. >> All right. Do you understand the instructions that you're supposed to do? Okay. >> I understand. >> Okay, tilt your head back for me. Close your eyes. >> Okay, good. >> Close your eyes. But but for you closing your eyes >> Oh. >> And start. >> Now, what do I do? >> I gave you the instructions and you told me you understood them. >> Stop. >> How much time was that? >> 30 seconds. >> 30 seconds? How did you get there? >> I was kind of >> Okay. Place your hands behind your back for me. >> Under Illinois code section 625 ILCS 511-501, Illinois does not require proof of a specific blood alcohol concentration to sustain a DUI charge. Observable impairment of driving ability is sufficient. The officer had that evidence before the first test began. The subject's own words sealed the threshold. When asked to rate her impairment on a scale of 1 to 10, she answered six. A voluntary self-assessed impairment of 60% while operating a motor vehicle satisfies the statutory elements of DUI. The 14th Amendment's equal protection clause applies universally. Residential proximity, charitable donations, and a spouse's community standing are legally irrelevant. The statute contains no exemption for those who live nearby or contribute to their community. >> Oh. >> Put your hands behind your back. Put your hands behind your back. Put your hands behind your back. >> Oh, okay. Please go home. >> No, you're going to be arrested for driving under the influence tonight. >> Why? Are you kidding me? >> No, ma'am. >> Can I just please go home? >> You're going to go home after we do some processing, okay? >> Anything in your pockets at all? >> No. >> Anything illegal in your car? >> No. >> It looks like you want to go home, I do too. Come over here. This way, Ms. Arnold. >> I just want to go home. >> I know you do, me too. I want you to go home as well. >> Will my husband be told? >> Yep. I'd be more than happy to inform your husband that he Oh, looks like your husband might be going with us, too. Have a seat. Don't fall. Don't fall. >> I'm not. >> You just about You just fell into my door. >> I can't see where I'm going. >> That's why I have my flashlight here. We There's a footstep right there. Put your hand on the footstep. >> How can I do this? >> Well, you want to put them in front of you, Ms. Arnold? >> No, I can't do this >> I meant the hand I meant the hand I meant the handcuffs. That's why I asked if you want me to put them in front of you. But, you're not listening, so >> I am listening. >> Okay. All I want you to do is take a deep breath in as as deep as you can and then blow as long as hard as you can. Don't stop blowing until it beeps at you, okay? >> Do I do this? >> Huh? >> Do I want to do this? >> I can't give you legal advice, okay? I just have to I just have to ask you to, okay? All right, ready? Here we go. Ms. Arnold. >> He says, "Don't do it." >> Okay, that's your choice, Ms. Arnold. Do you understand the ramifications of your license suspension if you do? Okay, I'm giving you the option. >> I don't know. >> The The law requires you to provide a breath sample. >> home from Shooters. >> All right, take a deep breath in. >> He said, "Don't do it." >> Then I need you to hit the R button if you want to refuse. >> Do what? >> Hit the R button if you want to refuse. There you go. All right, go all the way around here and have a seat in that little little stool your husband was at. >> What are you charging us with? >> Driving under the influence of alcohol. Both of you. >> I'm a [ __ ] communist. >> We're in a condition to be in any other state. >> Do you want to go home tonight? >> I just want to >> You're going to listen to him and be quiet. I don't care. >> How long you've been here? >> How long have we been >> care who you think you are, what you think you owe to this department. I don't care about it. >> Whatever. >> Let me show you this. >> Sir, do you listen? >> I've been I've been a citizen of this goddamn [ __ ] town >> I don't care. >> for my lifetime life. >> Good for you, sir. Don't drink and drive. >> Oh, [ __ ] you. >> Have a seat right there. You're going to go home. The faster you got The faster he keeps his mouth shut. No, other chair. Over here. Over here. >> He shouldn't be making me do anything. >> He didn't. He made his own choices. You're going to go but but the more he has Do you see this? I'm a supervisor, okay? So, every time he starts to act up like that, I have to intervene. >> But it shouldn't. >> It slows you down because I'm processing you cuz you're my arrestee. But it does because he can't act like an adult. That's why, okay? >> I just want to go home. >> Okay. And you had told me out there that you had drank three Tito's and diets, right? >> Yeah. >> And the course of the day. >> I went to First Street and had a probably another um espresso martini. >> Espresso martini? >> Cuz they're so good. >> And you told me out in the field, I asked you on a scale of 1 to 10, 1 being you barely feel the effects of the alcohol you drank, 10 being you're drunker than you've ever been, you rated yourself a six when I pulled you over. Does that still sound about right? >> I guess. >> You guess so? Would you You would rate yourself a six right now so you could feel the effects of the alcohol right now? >> I guess. Five, six. >> Five or six? >> Out of >> And you feel safe to operate a vehicle? >> Yeah, I just want to go home. I'm a block from here. I just want to go home. >> Well, you're more than a block from your house now cuz you're at the apartment complex. Okay. All right. Well, we're going to give you your phone. I got to do some fingerprints. I'm going to give you a give you your phone. >> My fingerprints? >> Yeah, but I need your fingerprints cuz you're being charged criminally, so hop on out. >> Oh, criminally? >> Yeah, that's a criminal charge. Come on, let's go. The criminal charge to be arrested for driving under the influence of alcohol. >> Oh, you're kidding. >> No, can't make this stuff up. Good. I I You know what, ma'am? That affects me none that you want to donate to me. I don't care. It makes me no difference. I don't care. That does not make you above the law. That does not make you above the law. Don't care. You shouldn't have drove. You shouldn't have drove. You shouldn't have drove. Huh? >> What are you doing here? >> She's going to the bathroom. She asked to go to the bathroom. I'm allowing her to go to the bathroom. >> I'm treating like a normal human person that >> Drove Drove drove and drove. Drove drunk. That's what you're being treated as right now. >> Okay, about all the criminals that come across? >> Are they here? Can you show me some illegal See people that jumped the border here right now? >> They're all >> Then then call the cops. Then call customs. >> Yeah, we had a good time. It was a retirement party. >> But it's still against the law to drive. >> But I was just going home. >> I don't care. I don't care where you're going home. >> But you know what? Do you know how how many times I've driven home? >> Great. [snorts] Then guess what? Now I got you, okay? And now you won't do it again. >> Nice. >> Don't care. You see this black bracelet? One of my best friends was hit and killed by a drunk driver. I have zero sympathy for drunk drivers. You are a drunk driver. >> I am not >> I need your I need your right index finger. >> I am not a drunk driver. >> Right index finger. Where are you going to the cell? I need your right index finger right now. >> I'm a block from my house. >> I'm sick of you guys trying to justify drinking and driving. I don't want to hear it anymore. >> And you never go to shooters? >> I don't go to shooters. I don't live in O'Fallon. Remember we talked about this? >> No, I don't remember. >> I know, it's because you're wrong. >> No, I'm not. Where do you live? >> That's You just sent me your business where I live. Let go, ma'am. >> I don't care. >> I don't I don't owe you anything. Let go. I've put up with your guys's bantering and stuff enough. Isn't it? >> It's not bantering. >> It is bantering. >> I live here and I love my life. >> I appreciate that. I'm happy that you love your life. >> But you shouldn't do this to me because you don't want to live here. I shouldn't have driven. >> I didn't know I didn't know the statute said that driving under the influence is illegal unless you live in O'Fallon. >> I was just going home. >> It does not say unless you're going home, either. It says driving a vehicle under the influence of alcohol, drugs, or other intoxicating compounds rendering you incapable of operating a vehicle safely, which was clearly what was going on tonight. So I Cuz you you wanted him to look you in the eyes and tell you what's going on. I'm going to I'm going to be I'm going to be real with you. So you got So So But But listen, but you are being an ass, and I'm going to be real with you. You're being You're being an ass because you made a decision. My job Look, my whole job tonight is on a grant from the Department of Transportation to arrest drunk drivers, which is why I'm here. I'm getting paid time and a half to arrest drunk drivers tonight. And you want to know why? You see this bracelet? Go sit down. Go sit down. You are drunk. Both of you are drunk. >> I'm not. >> Then blow on the breathalyzer. Exactly. Why? Because she's drunk. And look, I'm not stupid. I'm an expert in this, okay? Nor do I care. What I'm explaining to you is is I appreciate I appreciate everything you've done for the community. I appreciate that you've lived here your whole life. I appreciate that you've had you've owned a business for that long. You're an upstanding You're an You're an upstanding citizen. You are an absolute upstanding citizen, but you made a mistake. Both of you did. And we're here, and it's not the end of the world. We live in a free country that you're innocent until proven guilty. I'm sorry, but you made that choice, not us. So So you want to be an ass, be an ass to yourself. Wake up wake up in the morning and yell at yourself when you look at all this paperwork. Well, then stop then stop being ignorant to us cuz we didn't do this to you. But I'm tired of listening to your justification that because you live in this town that you're exempt from DUI laws. I my friend of mine >> I'm not saying I'm exempt from any laws. >> That's what you're you're you're telling us. That because you lived here >> is we were all walking in here. >> And you drove from Shooter's, which is over 11 blocks away from your house. And your and your wife crossed in front of a vehicle that she failed to stop at a stop sign and nearly caused an accident. Had that person not been paying attention, they would have hit her. How would you have felt then? When they T-boned your wife on the driver's side, how would you feel about her driving decision then? Would you feel good about it then? >> Okay, I'm sorry. >> Thank you. Now just sit there and let the process get finished and move on, okay? >> So, I have to pay an impounding fee? Are you kidding me? >> I don't make the laws here. I don't even know what you're you're you're talking about. >> We got to pay an impounding fee. >> Yeah, your your councilman passed that law, not me. >> So, where is it at? >> It's at should be at Oh, it was in O'Fallon Shower Clean. I'll look at it in a second. They asked me where to do fingerprints. You know how many times I've driven home right implying that you've done this numerous times. >> But I have driven home Shooter's every time I'm there. >> Yeah, well, maybe probably not. >> I don't know how else you get home if you don't drive. >> Uber, Lyft, friends that are sober that aren't drinking. That's how That's what the court's going to tell you when you go to court. >> Why I have to go >> You know why? Because your license is going to be suspended. So, I might as well start explaining that to you now. >> Don't suspend my license. >> Pay a fine. Yeah, your your license will be suspended because you refused to take that breathalyzer like you were asked. Um so, your license suspension will begin on the 46th day after today. You've got a 1-year license suspension Uh that will begin your license is still valid when you leave here for 45 days. Do you want to look at this so you can understand what this paperwork is? This is your receipt to drive. This is what counts as your driver's license cuz your driver's license stays with me, okay? So, this explains on the front of it that on the 46th day after today, because you refused to submit to chemical testing when required, your license suspension will be for 12 months. And you're going to get the same form here in a minute. But this is your copy of that that you receive to drive, okay? To get your vehicle, put that yellow one with us so you understand. Your vehicle has been impounded and put in Cleats Towing. It is not eligible for release until 12:13 p.m. on the 23rd cuz there's a mandatory 12-hour hold on it. >> At the station, the officer offered a certified breathalyzer test. Illinois implied consent law code section 625 ILCS 511-501.1 deems every driver to have consented to chemical testing upon arrest for DUI. Refusal is a legal right, but it carries automatic statutory consequences. The Supreme Court held in South Dakota versus Neville that refusal to submit to chemical testing is not protected by the Fifth Amendment. The refusal itself is admissible as evidence of consciousness of guilt. Because the subject refused, her license was suspended for 12 months under statutory summary suspension beginning on the 46th day after arrest separate from and in addition to the criminal DUI penalty. >> To allow you time to sober up before you get a release for your vehicle, okay? >> Oh my god, so what state >> That's state law. I don't get to choose that, okay? Write your Write your lawmakers if you don't like it. I don't have to agree to it. Um but so to get your vehicle, you have to bring this yellow piece of paper and $500. >> I going to get there if I can't I got to walk there? >> You'll have to call for a or get a get a ride. >> Oh my god. >> You'll have to come but you have to come to the Elburn Police Station with this yellow piece of paper and $500. If you wish to contest the the $500 is mandatory. That's be That's based on your uh lawmakers of the city of Elburn. We don't make the laws, we just enforce them. So, if you don't like that one, I'd write your alderman and mayor if you don't like that impoundment fee. But, if you wish to contest that impoundment fee, you can request to do so in writing. The instructions are on this form like like so, but the hearing would be all the way on on January 18th if you were to contest that, and that's perfectly fine if you do, but you can still get your vehicle out and contest and try and get your $500 back, okay? The citations you're being issued from me are as one citation for driving under the influence of alcohol, one for disregarding a traffic control device when you blew that stop sign in front of that car, one for >> I didn't blow a stop sign. >> one for driving on the wrong side of the road on Second Street, and one for failing to signal your turn at Webern Second. You have a mandatory court appearance on on January 25th, 2024 at 1:30 p.m. St. Clair County's courthouse in Belleville, room 108. Do you understand? >> Yes. >> Okay. And then, as soon as your ride gets here, you'll be free to go, okay? So, you want to have a seat out there while the printer's printing off the paperwork for you. >> Are you saying I was nice? >> To a point, and I was the one with the handcuffs on. >> I've never ever I'm almost 70 years old. >> I believe you. I know I can see I can I can see I can see that in your driving history, and I appreciate that, and I respect that, and I'm glad that It's like I told your husband, you guys are upstanding citizens. I agree with that, and that doesn't I do respect it, but that doesn't make you exempt from mistakes. That doesn't make you exempt from mistakes. Uh no, actually my my overtime shift ends in 9 minutes, so this kind of works out perfectly. This kind of works out perfect. Yeah. It's a grant, actually, funded by the Illinois Department of Transportation to uh stop and enforce impaired driving out there, ma'am. Because that I've That's not my job. I'm not a taxi. No. No, I'm not taking you home. No, it's about eight blocks away, and I'm not driving you. Okay. >> Pull over for old people. >> I didn't know you were old when I pulled you over. All I knew is that you blew you blew a stop sign, cut a car off, and drove on the wrong side You did. You did. It's all on camera. You're going to see it in court. It's okay. It's perfectly fine. Then you drove on the wrong side of the road, then you failed to turn your turn signal on when you told me, "I don't use my turn signal at this stop sign." You told me that. Oh my gosh. It's still the law. I was actually following the car in front of me until you cut them off. And then my attention went to you. It's like fate. I know, right? Fate works in mysterious ways. >> Like karma? >> Yeah, sure. Karma. >> You wait. >> Was that a threat? Is that a threat? Okay. >> The karma on the back of the >> Karma will come get me? >> I don't know what you're talking about. >> Well, I I appreciate that. >> Sergeant Wagon receives a grade of A minus. Probable cause for arrest was established through a totality of evidence, observed traffic conduct, voluntary admissions, field sobriety performance, and the subject's own self-impairment rating of 6 out of 10. The officer maintained professional composure throughout a 30-minute encounter with an uncooperative subject and an intervening third party. All required advisements were delivered accurately implied, consent citations, license suspension, timeline, and court appearance. One deduction, the tone during station processing approached dismissiveness when responding to the subject's social standing arguments. The legal substance was correct. The delivery had room for improvement. Ms. Arnold receives a grade of C plus. She drove at a self-assessed impairment level of 6 out of 10, committed multiple simultaneous traffic violations, and voluntarily provided statements satisfying every element of DUI without being legally compelled to do so. Her breathalyzer refusal, while legally permitted, produced a worse outcome than compliance would have an automatic 12-month license suspension and admissible evidence of consciousness of guilt, both compounding the criminal charge. Credit is given for not physically resisting arrest. That decision was legally sound. Everything before it, however, reflects avoidable choices that increased her legal exposure at every step. Three lessons from this encounter. Second, breathalyzer refusal under Illinois implied consent law triggers an automatic suspension longer than most first offense DUI penalties. Understand the trade-off before refusing the consequences of refusal. Frequently, exceed the consequences of compliance. Third, equal protection means the law applies uniformly. Arguments based on social status, community contribution, or residential proximity have no legal standing in a DUI investigation. Invoking them does not help and often harms credibility with the court. The subject pled guilty to driving under the influence of alcohol. She was sentenced to two years of court supervision and ordered to pay $2,000 in fines and fees. Three additional citations were dismissed in plea negotiations. 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