A Miami Dade police detective finding himself on the wrong side of the loft. >> He's accused of driving drunk while on duty. Local 10 News reporter Analise Garcia is live outside the jail in West Miami Dade where he was just released. An Elise. Hey Christy Janice. So this officer was released through the back door of the jail. This is after him having initially been released going into the lobby and then something must have happened in there that he was let out through the back. Fortunately, we were able to catch him running out. Now, this Miami Dade police detective is facing charges of driving under the influence. He's been with the department for 20 years. According to his arrest report, at one point, he even pulled out a gun. New video of a Miami Dade police officer being released from the back door of the jail in West Miami Dade after posting bond. Local 10's cameras rolling as Victor Montalvo, accused of driving under the influence, jumped into a car waiting for him outside. Investigators say Montalvo was on duty when the crash happened. He was traveling westbound on Southwest 72nd Street in an unmarked county car. That's when he struck an occupied marked police car that was stationed in the inner lane to provide safety for the road workers. The arrest report says that marked car had its lights activated. The uniformed officer then says after the crash, the defendant got out of his car and onto the ground. That's when Montalvo then pulled out a gun from his waistband. The uniformed officer demanded he put it down and the defendant complied. Other officers then showed up. Montalvo refused a breath test and he was taken in cuffs. The report says at one point he spontaneously said, "I drank too much." About one year ago, Miami date police posted this photo on their Facebook congratulating Detective Montalvo of their video forensic unit for being recognized by the Secret Service for his hard work and dedication. The director of the department, Stephanie Daniels, released a statement that reads, "As the police director, I am disheartened by the recent incident involving one of my officers who was arrested for driving under the influence while on duty. My officers are held to the highest standards of conduct, both on and off duty, and the actions of this individual do not reflect the core values of our department. The officer has been relieved of duty, and we will continue to work with the state attorney's office throughout the judicial process." So again, this officer has posted bond and as I mentioned, he was released through the back door, which is very uncommon. Not any other inmate gets this type of treatment. Uh with the next time we do see him, it should be in court. We are live in West Miami date. Anelise Garcia, Local 10 News. >> Secure that. >> Got you. Got you. Even here Heat. Heat. Heat. Heat. Heat. Heat. Victor Montalo. Yes, sir. My name is Richard Cloius. My name police. I work on a special patrol. I like to work. You know me. Okay. Reason I'm here is to conduct a criminal investigation. Right. >> Smells like there's an overnic beverage under your breath. There's nobody else sitting in the back of this car right here. >> I'm here to conduct a criminal investigation. It's a DUI investigation. Do you understand that? >> Part of that's going to entail me offering you the opportunity >> to attempt roadside dealiety exercises. >> You understand that? >> Okay. Are you willing to attempt roadside exercises? Okay. That is a choice with consequences. >> Okay. The consequence will be that it's consciousness of guilt later on in court. Okay. There's no right or refusal. It's a choice. Furthermore, if you continue to maintain that, you will be under arrest for driving under the influence. >> I do have a concern you might be impaired based upon the totality of what has been conveyed to me and what I'm now seeing. I'd like to give everybody a couple of understandings before they they maintain that refusal. Based upon what I've explained to you, are you still not wanting to do roadside exercises? >> Okay. I usually do it three times. I'm sorry. I know you sound pretty short. Very well. Okay. And then still no. Do you have a bright light, please? That's how you do. Can you open your mouth last? Pick your tongue up and see under. Okay. I don't see any blood in your mouth. See that? This is bright, so you might want to close your eyes. I want to look open again. Okay. I see no blood in your mouth. Stick your tongue all the way out like you got some blood in your nose. I don't see any in the back of your throat. Okay. You are under arrest for driving under the influence right now. Do you understand that? >> Yes, sir. >> Very well. Okay. Um I have a breath test instrument that I've driven to the scene here. It's the same kind that's in the station. I've been on the DUI squad for over 25 years now. >> Part of this investigation is going to involve a lawful request for a sample of your breath. Do you understand that? Yes, sir. >> Are you willing to give me a sample of your breath? >> No, sir. >> Once again, that's another choice with consequences. As I'm sure you may or may not be aware, I'll pretend you're not aware. The bottom of your driver's license says operation of a motor vehicle constitutes consent. 26 required by law. Driving is a privilege, not a right. That there's rules you've agreed to. That's why this is called imply consent. I'm going to explain this. I will read a form to you at some point, okay? that's going to explain these things. Basically, what happens is you're still charged with DUI. In addition to that, there will be a 12-mon suspension placed against your driving privilege. An 18mon suspension. You've never done this before. You probably haven't, but if you have, it's 18 months. It's also an additional misdemeanor in the first degree. Okay? Um, this applies whether you've ever refused for a breath test for a DUI or what is known as a BUI, voting under the influence. Okay? You've ever refused any kind of a request to test, breath, blood under urine, it it counts as a prior refusal. I'm going to run you. I expect to find nothing. But I just want you to know is it basic the pre the premise is it gets worse if you do it more than once. Do you understand that concept? >> Yes, sir. >> Okay. Furthermore, refusing is usable against you in court as evidence of consciousness of guilt. They will use this refusal in any criminal proceeding. Do you understand that? Understood. Everything that I told you from the arrest, any kind of administrative penalties you may contest either in front of a hearing officer or at the driver's license office or in court obviously. So when I say things will happen, obviously they will happen. They will be reviewed later on. But I want you to understand the road that we're on right now. >> Yes, sir. >> If you have a commercial driver's license, there will be a 12-mon suspension if you refuse. I don't know if you have a CDL or not. >> I do for the department. So, I want you to warn that. And I also want you to understand that you may at your own expense have a chemical or physical test performed from the alcohol content of your breath or detect the presence of a chemical or controlled substance. >> You understand all that? >> Yes, sir. >> I'm going to read it all over again right now. >> I want to make him more comfortable. He's being cooperative. I want to handcuff him up front, but eyes on him the entire time. Um, do you have any other firearms on you? >> No, sir. >> Okay. We're going to patch you down just in case. You can. >> We're going to fix you up and I want you to take a little more comfortable so you can hands up front cuz I know this is going to get uncomfortable. Thank you, sir. >> Very well. Okay. I can't see that [ __ ] with my glasses. You want to have him step out for a second? All right. I want to show you something and I'm going to have you sit back over here. Okay. Come this way. Let's walk over here. You see that gray box? I just want you to know that I have a breath test instrument. I'm going to let you sit back in the car. This is the breath test that you don't want to take. >> No, >> I know. I just wanted to show you I actually have one. Do you understand that? >> Yes, sir. >> Have him sit back in there. I'm going to do my 20-minute observation over there. I'm going to open this up here and keep an eye on him. Okay. Do >> you use headquarters for your address? >> Yes. 9105 or 91015126? >> Yes. >> I'm pretty sure I would have known by now, but was he alone by himself in a car? >> Yes. >> Something bothering you? Sorry. Right. Can you do me a favor? Can we loosen up his uh wrist right there? It is kind of Just loosen this one up a little bit. It's kind of right on the uh I got this on anything. Just going to show this. Yeah. Says you're under arrest for driving under the influence of alcohol. The statute also includes a control substance or a chemical substance, but I believe alcohol for my observations. I am now requesting that you submit to a loss test for your breath for the person to determine your alcohol content. You don't be for drugs, but I'm asking for alcohol. That's why I checked alcohol. Now, you said I'm just going to You say you don't want to do that. >> Okay. I've explained that to you. Now, what I'm going to do is read this part, which basically is what I've already told you. What's going to happen if you don't do this? >> Okay. License suspended. Okay. If you refuse to take the test that I've requested of you, and in this case it is a breath test, your driving privilege will be suspended for a period of 1 year for a first refusal. >> Yes, sir. >> Or 18 months if your driving privilege has been previously suspended >> or if you've been previously fined under CH statute 32735215. That's the voting under the influence statute. Yes, sir. >> For refuse to submit to any lawful test of your breath, the blood. >> Okay. >> Additionally, if you refuse the test I've requested, once again, breath. And if your driving proven has been previously suspended or if you've been previously fined under the BUI statute 32735215 for refuse to submit to any law of breath your blood, you will be committing a misdemeanor in addition to any other penalties which can be opposed by law. >> Yes, sir. Refuse to submit to the test. I've requested and evidence in any criminal proceeding. You understand all that? >> Yes, sir. >> Okay. This part at the bottom right here says that you may at your own expense have other chemical or physical test performed from the alcohol in your breath or detect the presence of a chemical under controlled substance. Do you understand that? >> Yes, sir. >> Now, this part right here deals with you if you have a commercial motor vehicle license. Okay. >> I'm going to tell you if you were if you're a commercial motor vehicle holder and you were driving a commercial motor vehicle, your refusal to submit to testing result in a loss of commercial privilege for a period of one year from today. >> If this is a second refusal, it would be permanently disqualified from holding a CDL or operating commercial motor vehicle. Okay. >> Do you understand everything that I've read and said? >> Yes, sir. >> Okay. Now going through these questions one more time. Will you take the breath test? No. Okay. I'm going to check the no here. That's will you take the test. Do you understand that refusing to take the breath test will result in suspension of privilege for a minimum of 12 months? Do you understand that? >> I do. >> Okay. Do you understand that refusing to take the breath test will result in add could result in additional criminal charge? >> Yes, sir. >> Okay. Now, it's rather redundant, but based on everything, do you still refuse to take the test? >> Yes, sir. >> Okay. What I'm going to ask you to do is sign a name right there. I have to continue watching you for the observational period as if you were going to take a breath test. I'm not going to keep asking you. I think you understand what's going on here. If you change your mind, you tell me. >> I will. >> When I'm ready to go, I'll ask you one more time. But if you say, "Hey, you know what? I want to." >> Okay. Thank you. >> Very well. >> I'm sorry. >> Okay. I'm doing my thing that I got to do here. I got 10 million people watching me. Okay. >> I'm sorry. Sorry. >> I can't hear everything. That thing over there, I'm listening to Guns and Roses, loud noises, and [ __ ] And that thing over there, I can barely hear you. >> All right. No, I just I'm I mean, literally, I can't I can't always hear what he says, and I sound like a deaf old guy. >> I don't hear anything. >> All right. All right. I got to sit here for about another lay over there about 12 minutes. >> All right. I'm going to jail. >> You're placed under arrest for driving under the influence. We're going to go to the hospital first. Okay. >> Okay. But yes, you will be booked into jail. We're going to tell them ahead of time what's going your charges. I want you to be careful how much you engage me in conversation right now. But you're facing misdemeanor charges tonight, this afternoon. Okay. What is the nearest uh medical facility from here? >> Where's that? Okay, got it. Okay. AC. >> Okay. Sorry. You ready? Not yet. I'm on I'm on my clock. I got to wait 20 minutes. We're 12 minutes into it. Back time. >> Is it still hurting? >> Yeah. >> Did you hurt your arm in the crash? I know sometimes people when they hit stuff I'm just going to palpate here real quick. Wash my hand. >> Is this hurting? That hurts? No. Doesn't feel broken. >> Just the wrist. Yeah. >> Wrists are sore when you get into a crash when you have hit when you're holding your your wheel. So that might be what that is. All right. We're going to be mindful that as best you can. And I kind of do got to leave handcuffs on. So try to keep that with your this hand pulled away from that. Just hold that with your hold this with your hand. Just hold it away from it. Okay. Sure. When you're holding your wheel and you have an impact, sometimes that that that's going to create the strain in your wrists. I'm sorry. I wish that were so. I can't do this. Okay. I have to I got I'm in year number 30 right now and I got about 9 million people looking at me and I'm not asking you to comment on this, but it is what it is. Thankfully, it's not more than what it is. What I was told coming here, I suspected worse. And I'm glad it's not worse. Right? Cuz I can do worse, too. And that sucks for everybody except me. Okay. Thank you. When I'm done with this, five more minutes, I'm going to ask you to continue monitoring him like this. Obviously, what we're looking for is that he doesn't put anything in his mouth. He's obviously not drinking or smoking or anything else like that. But I'm going to ask you to maintain this for me when I go over to handle with the instrument. I'm assuming he's going to maintain not wanting to do the breath test. But like I said, I want you to maintain that for me. >> I'm sorry. I was impolitely talking about you and your presence. I'm just letting him know what I'm doing cuz I've done this about many thousands of times and I don't I sometimes expect people to read my mind like they know what I'm doing. So I want him to understand what the next step is. retire soon. I am so sorry, man. I had to retire soon. Oh, man. I'm sorry. 25. Yeah. What I want you to do is try to like just let your input inside voice stay your inside voice right now. Practice sir. Oh [ __ ] >> Did rescue look at him? >> Yeah, that's what he was too. All his vitals. >> Can you go like this? Is your wrist broken? Your leg's broken or is it sore? It's >> hurting. >> Yeah. Is it hurting from the you think the impact? Yeah. >> Yeah. Okay. We're going to get we're going to be rolling probably in about 10 minutes to the hospital. We're going to get you some X-rays. Okay. >> Gotcha. >> All right. One click. >> I'm sorry. >> One click. >> Get one click. But >> what happened? >> One click. Loosen up. One click. >> His hands are big. I don't think he's going to pull it off. >> Yeah. Hold on. Big wrist. Yeah. Yeah. Yeah. Yes. Make sure. >> Yep. Okay. I'm just at the end of my 20-minute observation as promised. You want to give me a sample of your breath. You understand the pro the consequence very well. Okay. Officer closure is going off BWC to prevent RFI while administering a toxilizer function. Stand on him like I told you. You stay here on him.