I can't breathe. >> You're talking fine right now. So, >> help. Help. Help. [screaming] >> You can't breathe, but you can yell. >> Stewart, Florida. December 31st, 2025. A traffic stop on two independent statutory violations. erratic driving, missing tail lights, escalated into a medical emergency, and a DUI arrest. This is the legal breakdown. >> I'm Officer Cuffner at the Ste Police Department. The reason why I stopped you, okay, was cuz of the way you were driving, first of all. >> I was kind of like, >> yeah, you're you're a little bit all over the road. You also didn't have your tail lights on, so just pitch black car. >> I live five five minutes away. >> Okay, no problem. Are you Are you okay? >> Yes. Okay. Are you just in a rush to get home? What's What's the deal? >> Like I have to be home. Uh my I just get out from my husband conquer. >> Okay. Nice. >> In Jensen. >> In Jensen. >> And I have to be at home time because I have to be home at 8. >> At 8:00. >> No, I have to be at work at 8:30. >> At 8:30. >> So that's why. >> Okay. No problem. Um do you have registration insurance for the vehicle? You said you were coming from a concert. Your husband's concert. >> Yeah. >> Okay. Where was that at? >> In Con George. >> Cony Joe's. Okay. Nice. Where do you work at? >> Uh Henness >> in Palm City. >> Okay. >> I'm a esthetician. >> Esthetician. Okay. Nice. >> Are you okay? >> No, no, no. I'm okay. But like the way you say it is kind of weird. >> What do you mean? >> I just said it was nice. Good job. Like that's a it's a good job to have. >> Do you not like it? Is that why? >> Well, I fine. >> At your concert, anything to drink or smoke tonight? >> I was I had two drinks. >> Okay, no problem. How do you feel to drive? >> Fine. >> You feel fine? Okay. >> Like you even can follow me my house like I like 10 minutes 10 minutes away. All right. Well, keep looking for the insurance. Okay. I'm going to hand you back all this. I don't need this paperwork, but try and find your insurance. Okay. I'm gonna I'm gonna be back in one second. Okay. >> Are you able to pull it pull it up? >> All right. >> Okay. You're okay. Are you able to get it on your cell phone? >> Okay. B. Um, that's my husband. Officer, >> it's fine. >> She has it officer. She has insurance. I'm I'm I'm coming back. I'm from Evergreen. I I'm in Evergreen right now. I can uh provide that for you if you need it. >> I I I'll have it I have it on my end. I just I just next time make sure you print it out and have it in the car or if you have it on your phone too, that works. Um but uh >> I believe I thought Yeah, I thought I had put it out. I apologize, but I thought I had given it to her, but Okay, I'll make sure she gets a copy of it. >> Yes. All right. Um just hang tight for one more second. Okay. >> Hey, how's it going? >> Good. >> He's up He's up there busy. How? Where y'all coming from? >> Hello. >> Now he asked they asked me this new officer and they asked me what where did I come from? >> Just >> how are you, sir? I don't know who I'm speaking to. >> That's my husband. >> Okay. I I don't know what's going on. I'm just >> I don't know what's going on either. >> Okay. Okay. Relax. I don't feel good. >> Okay. Do you need fire rescue? >> I don't feel good. >> Okay. Well, kind of not feel good. >> I don't feel good. >> All right. >> All right. Well, I I don't I didn't want to irritate you. I'll be right back. >> What? Whoa. >> Do you need fire rescue? Hey >> man, what's going on? >> She said she's officing. >> Not feeling good. >> You want fire rescue? >> No, it's not. >> She won't answer me. I've already asked. >> She's been having trouble with your stomach. I know that. >> How about this? Do you feel like you're going to vomit? Here, step here. Get get out of the car. Why don't you stand up? >> I need my husband. >> Okay. >> Okay. Well, you're about to vomit in your car. >> It's okay. But I need my husband. >> You're from Argentina. >> What part? >> What part? >> One. She's there. One is >> Yeah. My wife's been having trouble with her stomach. This is why I said to get out of the car. You're vomiting on your car now. >> What did you eat? If you don't mind me asking. >> I think she had calamari. Might have not have been >> I don't Yeah, I don't know. Officer or something. Yeah, I'm not sure officer, but anytime she eats any kind of fried food like that, I don't know why she does. >> Easy when she eats. >> So, uh, I'm going to get stop. Oh, >> okay. >> Get fire. >> I'm going to have fire rescue. >> Fire. Go ahead. >> Ma'am. >> Ma'am. Hey virus. >> Ma'am, has she taken any medication today? >> Have you taken any medication? >> Sir, do you know of any medication she could be on? >> You don't have any aua? No awa. Nothing. >> Awa. >> We need to get her out of the road. >> Move her out of We need to move her off the road. >> Hold on. Ma'am, watch out. >> Monica, move. >> Ma'am, ma'am, ma'am, ma'am, ma'am, ma'am. We're on the road. We don't watch. >> Okay. >> We're going to bring her the way towards the car. Oh, keep moving her this way. So, she's on between two cars. There you go. Bam. Bam. Mika. Malika. >> Chest. >> Do you see the nestagmas in her eyes? It's insane. >> Yeah. She had way too much to drink. >> Ma'am, did she do anything else at the restaurant? >> Keep your head up. on here. >> Oh, you don't like that, huh? That's called the ch. That's >> You don't like that, huh? >> Ma, >> she's alive. She's >> She's just not holding. Bye, mama. Monica looking >> eyes aren't responding at all. There may be something more. Ma'am, can you speak to us? >> Say something. Bomble, >> are you okay? Can you breathe? >> Okay. >> Are you Are you spinning? Is everything like spinning right now? >> What's What's going on? You got to talk to me. >> Oh, go. >> You got to tell me what's going on. >> Well, >> are you having trouble breathing? You feel like you're going to vomit again. >> Are you tr having trouble breathing? >> Ma'am, it's very important to us. Tell us if you did you take anything. >> Nothing. >> Did you have any alcohol? >> How much? One drink. Two drinks. Two drinks of what? Did you Did you take anything? >> Mom. Mom, >> what's wrong? >> What's wrong? You can talk. Mhm. >> You want to cut get up? Is that what you want? >> Yeah. Just stay on the ground. >> Ma'am, >> no. >> She's super age. >> No, no, no, no, no, no, no, no, no, no. >> She like she vomited. >> No, ma'am. >> She was talking to me for a bit. >> Okay, driver. >> Okay. Stay on the ground. Yes, you have. You need to stay on the sit. >> You need to puke if you throw up. Just sit up right here. >> I already want. >> No. No. I heard it's yours. >> No. No. No. No. >> Here. If you have to vomit. Vomit. >> No. >> No. >> I haven't have any water or anything. >> I guess he's getting bottle water. >> He's getting you water. Awa. >> Aua. Awa. >> He's getting you awa. >> Awa. >> What's up? You want to stand up? No. What do you need? You can talk. Tell me what is going on. >> Ma'am, stay. >> What does that mean? What does What does this mean? >> Has this ever happened before? >> Look, he's got >> he's got water for you. >> Look, you see this? Oh, she did alcohol. >> Yeah. >> Okay. >> And marijuana. >> Okay. >> This passenger, I assume. >> This is your mom, right? >> Mh. >> Tia. >> Tia. >> Tia. >> Come on. >> Awa. >> Awa. >> Drink. You need a drink. complaining. I'm going to be going back to >> No, you have to be compassion. You have to be hard. >> You cannot be in this work. >> If you don't have a heart, >> okay, >> so you can talk. >> You're a dick. >> Okay. I'm sorry you feel that way. >> How much have you had? >> Yes, ma'am. >> Sorry. >> Yeah, you just have vomit on you. Sorry. Sorry. >> You just have vomit on you. Okay. Come on. Come on. One. Sir. >> Sir. >> Yes, sir. >> Is officer Cuffner? >> Yes. >> Why is she acting like this? Why is she >> She's like not talking to us. She's clapping her hands. >> I I don't >> Has this ever Has this type of episode ever happened? She can't even stand up. >> She's had this before. When she eats I don't know if she's allergic to something. No, this is not an allergic reaction. I can tell you that. >> I'm sorry. >> It's okay. >> He's a dick. >> Okay. How much have you had to drink today? >> I only had two drinks. >> Two drinks. What kind of drinks? >> Two drinks. Two Corona. >> Two Coronas. >> Two Corona. >> But this guy >> Mhm. >> cannot be on the job. >> Okay. So, you had two Coronas and you're you're vomiting. >> Yes. We're helping you right now. We're helping you right now. >> I'm good. >> Do you have any medical issues? No, I'm good. >> Do you have any medical issues? >> You help me. >> Yes, exactly what I'm doing. You You need help? >> Yes. >> So, fire rescue's coming. >> You're in the right position. >> Okay. Yes. >> You're in the right job. >> What's your name? >> Your compassion. >> This is my supervisor. He's my >> I understand. I'm cool. I'm fine. >> What's your name? >> I'm I'm Valasa. I'm 39 years old. >> I'm I'm I'm just turned 39 years old couple years ago. Okay. How much did you drink? >> Aua. I only had two drinks and two shots. >> Like this. >> Where were you at that you had your two Coronas and two shots? Where were you? >> Downtown or >> Aua? >> I was >> Be honest to you. Be honest. Sure. >> Completely. >> I don't know where I was. >> You don't know where you were? >> No. >> Were you in downtown Stewart? >> Probably. I was in downtown Palm City because that's where I live. >> Okay. >> But I'll be honest to you. >> Mhm. >> Thank you, too. At least to take that by heart. >> He's a dick. >> Okay. We're We're here today cuz you're driving your vehicle and we believe you're under the influence. >> I mean, you're vomiting. You had told me that you had numerous drinks and >> No, I said I I I said I have few drinks, >> right? Numerous. You had two two Coronas and two shots. >> Yeah. >> Yeah, that's numerous drinks. You're not you're you're barely able to stand and you're vomiting all over the place. Uh >> but when that happened, >> do you think you should be driving a vehicle? >> No. >> Were you driving a vehicle? >> I wasn't at Jo. You were at Joe's. >> Yes, they are. >> I was in Joy Jones. I was in Ky Jones. >> Okay. >> My husband is a musician. >> Okay. How did you get here though? You were coming down Palm City Road. >> I'm not Joe's is in Jensen, right? >> That Jensen. Where's Coffee Jo? Jensen. Yeah. lost. And then you got >> I wasn't I wasn't drinking a lot. >> You had two and two shots and you can't stand. You're vomiting. >> Um ma'am, can I have you can we go over there, please? Let's walk. I'm going to get you away from all the shining bright lights and all that stuff. >> She wasn't drinking like she had maybe a corona or two at dinner. >> If you want, just wait in your car and I'll come back and explain the rest to you in just a minute. She may not be. It could be something else. >> That's what I'm thinking. It has to be because I know my wife like in other words and she was with her aunt and her cousin. She was eating dinner. We were playing music over there and I think she had maybe one corona or two coronas. That's it. >> Do you know of any other medic? Does she smoke marijuana? Does she >> she occasionally will smoke some marijuana but she doesn't do any drugs? Like she doesn't do any hard >> any prescribed drugs? >> No, nothing like that. >> Okay. >> But she has had trouble with her stomach. I know that where she's almost become like like uh come to almost. >> Okay. >> So, if you would just have a seat in your car and I'll be right back with you. >> Okay. >> Thank you. You're being cool. We're >> Yeah. I I appreciate I I'm really really worried about her. >> Let's do it. If you think I'm I'm not >> Yeah. There. So, there are three simple tasks. I'm going to check your eyes. We're going to do a walk and turn and then a one leg stand. Okay. Um All right. You see this blue pen? Blue tip of my pen. See the blue light? Do you think that's right? >> What back? >> What should you do? >> Well, is it wrong? >> No, but I'm asking you if you think it that is right. >> Yeah. Yeah, I do. I think it's very right. Do you see the blue light? >> Of course. It's like forehead in two foreheads. >> Perfect. Can you touch it for me? Like that? >> I can touch it. You see? >> Perfect. You going to stand with your arms like this? I can. Yeah. >> With your feet together. All right. >> I think I can. >> Okay. You're just going to remain in this position, okay? With the blue light, you're going to stare with it. Stare at the blue light with your eyes and your eyes only. Do not move your head. Okay? So, you're just going to follow the tip of my pen with your eyes only. Do not move your head. Do you understand? >> I guess understand. Here, put your arms back like this. Perfect. Do you understand everything that I told you? >> No. >> What do you need me to go over? >> I said from the beginning. >> Okay. So, same thing. Arms down by your side, feet together. You're going to stare at the blue pen or at the blue tip of my pen with your eyes and your eyes only. Do not move your head. Do you understand everything I've told you? >> That's right. >> Okay. You're supposed to follow the tip of my pen with your eyes and your eyes only. Do not move your head. Good. Okay, good. Next one's going to be the walking turn. Okay. Do you uh you see this line right here? You see this white this straight even white or line right here? Do you see this line? >> You don't think that's too much? >> What? >> The line and the following the line, the light and everything. >> No, I don't think it's too much at all. Do you agree that this line is straight and level? That's what he's asking you. It's a yes or no question. >> Do you agree? >> I'm not agreed. >> So, you don't agree in what fashion? >> I know it's a perfect line, >> but I'm not agree to walk to the line. >> So, you're refusing? >> Yes. >> Okay. >> I refusing because I'm not drunk and I know what I'm saying. >> Okay. Then you could perfectly walk down this line. I don't have to. >> Okay. >> Okay. Are you refusing to do Are you refusing to do walk and turn? >> If I refuse, it's against to myself to my right. If I do it, it's against to myself to my right, too. >> I think it's important for you to note that these tests, these these roadside tests, >> I done it before. >> Okay. But >> Excuse me. >> There. >> And >> are you refusing to do them? Yes or no? No. No. No. No. No. No. No. No. No. No. No. No. No. No. >> Do you want to do them? Yes or no? Excuse me. Stop being so rude and >> like arrogant. I know my right. >> I'm sorry that you feel that way. >> No, I do feel that way. >> So, >> excuse me, too. >> No, we're not going to keep EXCUSING ME. >> NO, NO, NO, NO, NO, NO. DON'T. You don't have to give me that. >> Either you do the tasks or you don't if you're refusing to do the task, we will make the judgment. If I was observed, if I was either you're refusing or you're going to do them. We're not going to sit here all night going back and forth. >> If I was a dick, >> you're being No. If I was a dick, you're not going to be acting like that. >> I'm asking you. >> No, no, no, no. Excuse me. I >> Excuse me again. >> Mhm. >> Are you gonna do the task or not? That's all we want to know. >> I do the like what he told me and we asked me. I did. >> Are you going to do the next one? >> Excuse me. Excuse me. >> Yes or no? >> Excuse me. >> You have three seconds to answer. Three. Two. >> Will you do them or not? That's all. >> I'm not going to do it. >> Okay. >> Okay. >> All right. We're going to go to the next one. Okay. Can you do the third one for me? It's really simple. >> No, because y'all being yall not being nice to me. I'm I'm being cooperating to do that one, too. >> And he's being a dick to me. You're being nice to me because you want me to do it. >> You know what? You understand what I'm saying? And and they probably >> listen, I just I just want to make sure you're safe to drive. That's all. That's all. >> Listen, I don't want to do these tasks, then you're safe to drive. You cannot do these. I don't need to drive. My husband can drive. have right now. >> My husband can drive me. >> Okay, >> I don't have to drive. >> Okay, I understand that. But I need you to drive. If you refuse to do these tasks, you're subject to an arrest right now. Do you understand that? >> Cuz I'm basing my investigation off of what I have. >> So, refuse to do these. >> So, what do you have? >> Are you doing them or not? >> Are you going to do them or not? >> It's a yes or no question. >> Can I speak to my husband? I'm not refusing. >> Yeah. You refused on >> You refused, ma'am. We tried. Yeah, >> we tried everything. >> I want >> Please. >> Well, now you can go to jail. >> I don't want >> You're under arrest for the situation of DUI. >> Please, I don't want to do that. >> You already made that decision. >> Yes. >> Huh? >> Okay. There's a nurse at the jail. What's your phone number? >> Help me. >> What's your cell phone number? >> Please help me. >> You don't have one? >> Help me. >> You don't have one? >> Please help me. I need help. >> What's your cell phone number? >> I need help. >> Well, that's why I'm taking you to the jail. They're going to have a nurse there that's going to help you. >> I need help. I cannot breathe. >> Well, you're talking to me, so you're able to breathe. No, I have asthma. >> Please. >> Okay. >> Please, sir. Please. >> I can't breathe. >> You're talking fine right now. So, >> help. Help. Help. [screaming] >> You can't breathe, but you can yell. Florida Statute 316.193 defines DUI by impairment of normal faculties, not blood, alcohol concentration alone. Under section 316.1932, refusing a breath test triggers an automatic one-year driver's license suspension for a first offense. But Florida courts draw a hard legal line between willful refusal and documented physical inability to produce a sufficient sample. Rodriguez versus United States requires any extension of a traffic stop to be independently supported by new articulable suspicion. >> No, please don't. >> Oh gosh. >> Sorry. >> Here. Vomit into this. Here you go. Vomit into this, please. >> How? >> Hold it. Vomit. There you go. Don't vomit on the floor. >> Do you think I want to be vomiting in the floor? >> That's why I gave you this. >> How I going to hold it? >> I didn't I didn't think about that. Sorry. >> You should be a shame on yourself. >> Very much so. >> You okay? Feeling a little better now? Medicine Health, we're going to get you out of here. Okay. Can I just have your attention for two seconds? >> Can you look at me real quick? >> I have to I have to read you something. Okay. This is for breath testing. I'm now requesting that you submit to a lawful test of your breath for the purpose of determining alcohol content. Will you take the test? >> You don't. Okay. I just have to read you what happens now. Okay. If you refuse to take the test I have, >> sorry, I'm going to turn this down. If you refuse to take the test I have requested of you, your driving privilege will be suspended for a period of one year. >> Yeah. Keep going. Do that. Okay. Deep deep breath. Take a deep breath in and then blow. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Nope. You're not blowing hard enough. >> I am. >> Try again. Blow. Blow. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Blowing long enough. >> I am. >> I need you to blow longer. Try it again. Blow. Blow. Blow. Blow. Blow. Blow. Blow. Blow. You're not providing a long enough sample. And then go. Blow. Keep going. Keep going. [music] You're not blowing. You're not blowing long enough. >> I am. I'm asthmatic. >> Keep going. Keep going. Keep going. Keep going. Keep blow. You're not blowing. >> Ma'am, >> let me try to explain a little bit to you. Okay. So, understand. I'll be his uh testing person. tight seal just like you're blowing up a balloon. Okay. And then blow a nice steady air through the mouthpiece. Do it for 7 seconds or more. It doesn't have to be. >> Would you like to practice on this piece? >> No. He already is swinging to me. >> You think you got >> He's better than you. >> I'm sorry about that. >> You need more training. >> Yes, I do. >> Yes, you do. >> Can I ask you something? >> Nope. >> How old are you? on your business >> probably you like 20 middle 20s or something like that >> probably yeah you get more for people if you have more sympathy if you don't have sympathy you're not going to go going to go any further >> I am giving you enough sympathy >> no you're not >> this gentleman over there in 1 minute he explained like you cannot do it like in 10 minutes. >> I'm sorry, Aaron. >> No, I'm being honest. >> And do you think you can do it now? >> If he go with me here? Yes, I will. With you? No. >> 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. >> That was good. >> Yeah. >> Because he know how to swim. You don't. Just need one more sample. Okay. >> More samples. You don't think that was enough? >> Just need one more. >> You want more sample for me? You want me to do a lot of things? Let me talk to my husband. >> I'm going to let you call someone once you're done with this. >> I don't need to talk. So, I need to talk to my husband. I know you think I'm a I'm a hardhead. I'm a pain ass for you all night. Like you you probably think I'm the worst client ever, but I'm not. >> I don't think that at all. >> I just need to talk to my husband. >> Once we're done with this, >> I just need one more sample and I need to go talk to your husband. >> I'll already give you you what you want. Now give me what I want. >> Keep going. Keep going. Keep going. Keep going. Keep going. Nope. Try again. Keep going. How did it not go? Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Nope. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Nope. Keep going. Keep going. Keep going. Nope. Keep going. Keep blowing. Keep blowing. Keep going. You're not doing it. Come on. Keep blowing. >> I am blowing. Keep going. Keep going. Keep blowing. >> All right. Come on. Officer Cuffner earns a B+. The stop rested on two independent violations. Fire rescue was summoned the moment the subject's condition deteriorated. HGN protocol was followed correctly. The implied consent advisement was read prior to the breath test request by the book. The deductions are specific. Dismissing an asthma claim because the subject was speaking, is not a legally sufficient response. Florida's implied consent defense requires documented medical inability, not a field assessment made in real time. A countdown ultimatum during field sobriety test refusal, reflects impatience, not deescalation discipline. receives a C+. Declining the walk and turn in one leg stand is a legal right in Florida. No criminal penalty attaches to that refusal. What damaged her position was a pattern of escalating disclosure. Two drinks, then two coronas, then two coronas, and two shots. Florida prosecutors treat that trajectory as consciousness of guilt. Juries respond accordingly. The practical lesson. Verbal statements in a DUI stop carry more legal risk than test refusals. Remain silent from the moment impairment is suspected. If a respiratory condition limits your ability to sustain exhalation, state it clearly on camera and ensure it is documented on the record. Florida law distinguishes physical inability from willful refusal. That distinction can determine the outcome of both a suspension hearing and a trial. Let us know in the comments which interaction or legal topic you want analyzed next. Thank you for watching.