it I just your make you're okay to yeah yeah you don't mind stepping out get okay yeah I I don't care to get so I'm sure you're going to try to like well I'm just going to check your eyes real quick just to make sure you're okay to drive okay all right there a little bit of so we're not getting rained on [Applause] y are going through my car that's not posible I'm not I'm not stupid I know what y are allowed to do and what not to do but y'all are going through my vehicle and I've done nothing wrong I've complied I've been very nice I'm doing what I'm supposed to so why are yall going through my car but they are I'm watching it I'm watching it happen okay sir they they Clos the door and see everybody's right here nobody's going through your car right now but but they just work okay and that's fine we'll still do this but they just work okay I just do you wear any contacts or anything like that glasses corre no I don't okay your eyes are good and everything like that okay sir are you sick or injured right now no nothing like that no okay um you have any like vental mental or physical defect like physical like one leg longer than the other are you diabetic diabetic nothing you take normal okay these are just questions I got to ask you to make sure you're all good to go okay yes sir and so what I'm going to have you do is just place your F to go just by getting your hands down by your side all right you're just going to follow the tip of my finger with your eyes and your eyes only Okay so don't move your head just follow the tip of my finger with okay just follow the tip [Applause] [Music] and then she's going to roll up and down okay the same thing I [Applause] okay okay so how many drinks you said you had tonight I've said I've had like two two two two what mix drings yeah they were mixed drinks not what were the mixed drinks vodka and cranberry sir vodka and cranberry yes sir I'm just seeing some SS of would you be okay with doing any more F tests like one I can but I mean I think and I'm pretty sure if we were all being honest here I passed that test there's nothing wrong with me that was that's not a pastor failed test ma'am can I I'm just speaking I'm just saying my opinion that like I'm not trying to be difficult I know it's not a pass or fail test right there's no pass or fail just to determine whether you're the level of your intoxication and so tell me now what what is my determination right now I believe that you're under the impairment of alcohol right now so I think I did pretty great okay nobody else think how about I'll St okay yes go ahead so so what do you look for in your eyes is called horizontal gaze and the stagis okay horizontal gaze and stagis is present with some categories of drugs and alcohol right typically central nervous system depressants is what we're suspecting okay alcohol is a central nervous system depressant hdn at horizontal gaze and sagus is the involuntary jerking in the eyes that's present in your eyes that's why we have a suspicion that you might not be safe to be operate so you feel this whole time that I've done this that there's something wrong with me when I've admittedly told you I've had two drinks in the last probably couple of hours I've done the test I've had no problems with y'all I haven't given y'all any issues and I'm still having problems with Y yes ma'am I I have a legitimate concern that you're not safe to operate a motor vehicle right now that's why I want to make sure okay that you're not impaired well all I can do is just agree with y'all but I don't feel that way and I like I said I've had a few yes I have like two and it was hours ago but I mean all I can do is just say okay and keep going well we have a few exercises we can perform right here in the overhang okay yes sir all right so what I'm going to have you do uh obviously your Barefoot okay right are you able to walk in a straight line yes sir okay all right so I'm going to have you step to the end right here okay you want ready to turn around I don't want y'all to feel like I'm doing something wrong just just relax I'm going to explain okay this is going to be a walking exercise okay so I'm going to have you walk in a straight line okay I'm not going to put tape down cuz it's wet right but when I say a straight line I think we can both agree what a straight line is Right correct okay so what I'm going to show you first is the starting position once I show you the starting position I want you to just stay in the starting position and don't move from the starting position okay I'm going to give you further instructions but I want you to stay in that position okay all right so what I want you to do is you're going to place your left foot on that imaginary line you're going to put your right foot directly in front touching Heel To Toe you're going to have your hands down by your side all right all right so just go ahead and get in that position for me all right just go ahead and get yep just put your right just just get in just get in the starting position okay left foot on the line your right foot directly in front hands down by your side yes sir okay you understand the difference between your left and your right yes sir okay what foot is in front right now the left right I want your left foot on the line your right foot directly in front okay I'm sorry is that not on the line I want your I want your right foot in front you have your left foot in front okay I'm sorry I misunderstood foot yep directly in front touching Heel To Toe hands down by your side okay I'm going to instruct you now but I want you to stay in that position okay so what you're going to be doing is you're going to take nine consecutive Heel To Toe steps down the line you're going to turn and you're going to take n more consecutive Heel To Toe steps back down the line while you're doing it you're going to have your hands down by your side eyes on your feet and you're going to count out loud I'm going to demonstrate a few of those steps for you so you understand okay it's going to look exactly like this so from the starting position you're going to can out loud one 2 3 so on and so forth to get to nine when you get to nine you're going to turn just like this keeping your front foot planted taking a series of small steps just like this uhhuh turn yourself around on the line your next step will be step number one one 2 three so on and so forth to get to nine nine steps down turn nine steps back do you have any questions about that yes sir anything I can clarify no okay if you feel you're ready you may begin the exercise one 2 3 4 5 6 7 8 9 turning around 1 2 3 4 5 6 7 eight and nine you never told me to step around or do anything no you can relax okay this next exercise is a balancing exercise I'm going to show you the starting position once again you're going to just place your feet together your hands down by your side get in that position and wait for me okay feet together hands down by how long do I wait sir until I give you the next set of instructions okay all right that's fair I suppose absolutely mhm all right so like I said it's a balancing exercise you can choose your right foot you can choose your left foot it doesn't matter to me what foot you choose what important is about the exercise is whatever foot you do choose you don't switch during the exercise so if I choose my right foot I'm not switching to my how long am I supposed to be like that you never told me you just said just wait for you I haven't finished instructing I have to I have to I'm just asking I'm sorry I understand excuse me okay so while you're doing the exercise you're going to have your hands down by your side you're going to keep your eyes on your feet okay you're going to lift your foot 6 in off the ground with your toe pointed forward just like this okay you're going to keep your eyes on your foot you're going to count out loud 1 1,000 2 1,000 3 1,000 Etc until I tell you to stop okay I will be timing it okay mhm in the event that you drop your foot which is not the intended goal I simply want you to pick your foot back up continue counting from where you left off don't start over counting 4 1,000 5 1,000 Etc okay correct do you have any questions no sir okay which foot would you like to raise my right I suppose okay all right are you ready to begin yes sir all right you may begin 1 1000 2 1000 just as I instructed raise your foot with your toe pointed out now F sorry is that it that's better for you yep continue counting 1 1,000 2 1,000 3 1,000 4 1,000 5 1,000 6 1,000 7 1,000 8 1,000 9 1,000 10 1,000 11 1,000 12 1,000 13 1,000 okay you can relax all right our next exercises don't involve any balancing any walk my God how many do I have to do sir I'm just asking this is the fifth one I'm just I'm not trying to be difficult I'm just asking like how many do I have to do this is the third one I have two more that I'd like to do are you willing to perform the third one but okay sure I'm I guess I'm crazy and nobody else is going to believe me so so what I asked that you do is place your feet together you take your fingers you extend them out like this okay all right if I say left I want you to take tip your left finger touch tip your nose bring it down in one fluid motion if I say right I want you to tip your right finger touch tip your nose bring it down in one foot and then after this how many more will we have to do one more cuz I I I've been doing this a lot I've been very patient I've done what y'all have asked and y'all keep on and on and on and on well the exercises are voluntary I can't force you to do them I'm just asking for your cooperation force me to do them okay okay all right while you're doing the exercise I want your head tilted back and your eyes closed I don't maintain that position for officer safy close head tilted back in if I say left do the left if I say right do the right correct right I want to make it absolutely clear what you did is not what I asked I want you to touch the tip of your finger to the tip of your nose I don't want to see it touching on the side I want to see it touching like this excuse me I'm sorry tip to tip tip to tip not pad not side directly on it just just so we're click you understand yes sir do you have any questions no okay go ahead and tilt your head back close your eyes are you ready yes left remember bring that hand down one fluid motion right left right right left okay you can relax all right this last final exercise I want you to perform you're going to place your feet together mhm you have your hands down by your side okay yes sir you're going to tilt your head back like you did previously you're going to close your eyes M all I want you to do is estimate 30 seconds of time in your head okay once you've estimated 30 seconds of time you're going to bring your head down you're going to open your eyes and you're going to say done okay do you understand I'm ready do you have any questions no okay for the purposes of the exercise I'm going to say start so on the same time okay all right go ahead and get in that position for me are you ready to begin ready all right start [Music] you done how long did you think that was that was 30 seconds I kind in my head at this time I do believe you're under the influence so I'm going to be placing you under arrest fori okay I did everything got asked it nothing more nothing less [Music] next thing I'm going to ask you is that you provide me a lawful sample your breath so I can determine it's alcohol providing anything I've done five different samples for y'all everything has been fine well I'm going I'm going to explain something to you very carefully okay all right you can relax all right this is called implied consent okay this is what you agree to when you agree to a driver's license I'm now requesting a lawful uh sample of your breath for the purpose of determining its alcohol content will you take the test you said no if you refuse to take the test I've requested of you your driving apprach will be suspended for a period of one year for the first refusal or for 18 months if your driving privileg has been previously suspended or you've been previously fined under statute 327 have to sit there refusing to Awful test bre Ur or BL additionally if you refuse to take the test of requested of you and your driving appr have been proviously suspended to submit to a lawful test your breath Ur in your blood you'll be committing a misdemeanor in addition to any other PES which can be imposed by law refusal to submit to the test I've requested is admissible into evidence in any crimin proceeding do you still refuse test take the test yes sir okay you refuse done five different tests nobody's cared nobody's given the darn that's what I was saying can y'all tell me I failed one please tell me I failed one all right ma'am you have the right to exctly nobody can tell me I failed of law you have the right to an attorney have pres with you for any question all the things youve ask me to do and it doesn't matter you cannot answer any questions or make any stat because everything I've done I have I have done nothing more than understand right ma'am or you going to continue to talk over exactly you don't care about what I'm saying do you understand your rights you don't care about what I'm saying care I'm going to re explain them because I don't need you to re explain nothing go ahead and take me to job you have the right to remain silent you say k will use against you in the court of yeah you're sling a little bit but you understand okay I'm slurring a little but I understand yeah done all five things that you asked I've passed everything but nobody likes that it's not good enough I understand let's go okay well this officer is going to search you okay search me cuz I have so much against me yeah is there is there anything I need me hurt anything tucked away in a pocket that I need to know about so aggravation OB intoxication everything I don't understand rampant I've been more than complaining pretty sure you can see the hdn I have obviously she can walk in a straight line she's not touching stuff like that and there's some alcohol in the car yeah of course you don't of course I just kind of stepped in because you know once they get like that Dr and absolutely nothing wrong but y'all are going to make it something yeah I'm not a bad guy out here that's the crazy part I'm not a bad guy well clearly I am cuz you're you're treating me as such yeah but you are treated as such and I feel like I've been treating y'all with respect but once I'm not getting respect that's how I feel the issue man we've given you nothing but respect okay sir I'm not going to argue with y'all I can't do anything with y'all you understand your license is now suspended yeah clearly that's what you're telling me so what what else can I do about it well you could provide a breath sample and it wouldn't be yeah that's not going to work why cuz everything else that I've done is not been good enough for y'all so why would I provide yall with a breath sample so y'all can sit here and tell me oh yeah she's this and the other I'm being honest are you a reasonable person am I a reasonable person yes sir have I not done everything I've asked so let me ask you this one question have I given you problems beforehand let me ask you this one question yes sir what kind of reasonable person would refuse a test that would exonerate them Inc person that has done five tests that y'all still have not allowed to be all acceptable that kind of that's kind of a hit and SN thing the reasonable line because if you were so you would okay can I can I just make sure is that a problem that's all my body camera it's all I don't know what y'all have going on I'm not a police officer I'm just trying to make sure I don't see sh I'm off off and I'm officer cic off don't worry it I'll be in the arrest report for you okay