Today, an episode of drive-thru and DUI. So, she pulled into Taco Bell for a late night snack, but she left with a deluxe combo, handcuffs, and a ride to jail. Watch this crazy video where little Miss Budweiser at least has the right shirt for her booking photo. >> Hello. Can you roll down your window? Your window. Your window. >> Your window. [laughter] You need to put your car in park. >> Okay. >> What's going on? >> Ready to go home. >> Okay. We're going to be step outside the vehicle. >> No, you're stepping outside the vehicle. >> She starts to put it in drive and and take off. So, raise your hand if you've already come to the conclusion that this girl is drunk. >> You're going to step outside the vehicle. Put it in the vehicle. Come on. >> No, but it's cold. >> It is cold. Huh? Is >> she under arrest? >> She's I need to talk to you first. So, >> all right. All right. >> Is she under arrest? Why the hesitation there, officer? It is clear that this girl is drunk. Yeah. Go ahead and place her under arrest. Tell her she's under arrest. Tell her to step out of the car. Put your hands on her if you have to. They're not wanting to put their hands on this girl yet. But the other cop asked, "Is she under arrest yet?" That should be obvious. >> All right. >> Nope. Nope. This is the last I'm going to ask you. >> Okay. Okay. Okay. I'm ready. I'm ready. I'm ready. Okay. So, at this time you are under arrest. Before we move you anywhere, just so you know, you >> There we go. This time you're under arrest. He's placing her under arrest for DUI because he's already come to the conclusion that she's impaired. In a few minutes, he's going to go over and ask his buddy if he can still give her field sobriety test. But let's watch this. >> You are being audio and video recorded. This is September 11th. The time is permission to move your car. Hi. Yeah. >> All right. >> What? >> Never mind. I got it. >> All right. So, right now, you have the right to remain silent. Anything you say can be used against you in a court of law. You have the right this time to talk to a lawyer and have him present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before question if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights as I've explained to you? Okay, so let's move on tonight. >> He reads her the Miranda rightites, which is wise. He's placed her into custody and I I applaud him for that. I will give him credit for reading Miranda in advance of asking her for field sobriety test. But he leads right into the questions. Usually when an officer finishes reading the Miranda rights, he'll say, "With these rights in mind, do you still wish to talk to me?" He didn't do that. He led straight into a question. He didn't want to give her the opportunity to think about it and to refuse to answer his questions. He wants her to answer questions. Let's see if she's read my book. I seriously doubt it. >> Trying to get home. >> Okay. How much have you had to drink tonight? >> Um, not much, honestly. >> Okay. Yeah. >> So, you weren't even able to follow instructions? Let's walk over here. >> All right. So, you're asleep in the drive-thru of Taco Bell parking lot. >> Sorry. >> Can I help you something? >> I'm so sorry. Can I get a job? >> No, we can't. that we're not allowed to cuz >> sorry man. >> If I'm going to Monday morning quarterback officers, which I don't like doing, if the girl's drunk and her foot's on the brake and the car is in drive and you're knocking on the window, you're running the risk of her waking up and suddenly lurching forward. So, it might be a good idea to move a police car in front of her car and block her off. Not a big deal, but officer safety here, you know. >> But >> I'm not wrong driving, but >> Okay. >> Yeah. >> There was a beer in your cup holder. >> Okay. >> So, you were drinking and driving. >> No. >> She does a good job of denying drinking and driving here. I teach people on these kind of stops, only remember seven words. It's easy for drunk people. I don't answer questions without a lawyer. But engaging in conversation with these cops on the scene of a DUI investigation, not a good idea. She doesn't do very well at that. But at least she does deny being drunk and she denies drunk driving. Do you believe her? >> No, that was not mine. >> Okay. But it's open right next to you. >> Yeah, there was mine from like 2 days ago. >> Okay. I think. >> All right. >> I think I got to the bar and then I drank before I went into the bar. >> Oh man. I am recording. Um, one quick question. Can I still ask her to do fields even after I've arrested her? >> Yeah. Okay. >> Absolutely. >> All right. >> Really, officer? You have to ask if you can still do field sobriety test after you've already arrested her. Maybe he's just learning. So, I shouldn't criticize him. You can still ask them to do field sobriety tests even after they've been arrested. If you've seen enough to arrest somebody for driving under the influence, you really want to get more information. You want to get more evidence if you can. Now, should she take these tests? Absolutely not. She should never take a field sobriety test. Full stop. If you're a follower of mine, you know that you should never take the field soiety test. Let's see if she's a follower of this channel. >> Situations where your age, it's not the end of the world. Okay. >> Never been handcuffed before. >> All right. So, would you be willing to do some voluntary field sobriety tests? >> No. >> Okay. So, I'm going to let you out of those handcuffs and we're going to go through some tests. Okay. >> Sorry. Now, honestly, she likely agreed to that because he's going to take the handcuffs off her and so she's thinking maybe I've got a chance to convince this guy that I'm not drunk. Raise your hand if you think she's going to convince this cop she's not drunk. Yeah, I don't think so. >> Okay, put that hand on top of your head when I let it out. One, two. >> So, I'm going to say this. The walk forward on the on the ninestep walk and turn, she did pretty good. I'm not going to lie. Her heel touched her toe almost every time. He shouldn't have corrected her in the middle of it. He said, "Remember, keep your arms to your side." Sometimes cops will do that just to throw you off. If you if you look like you're doing pretty well, they want to throw an instruction at you to kind of throw you off your game. She was doing very well on the walk and turn. She wasn't using her arms for balance, but they were kind of away from her hips. So, he said, "Remember, keep your hands to your side." And that kind of threw her off her game a little bit. But let's watch the second half of this walk. >> 3. >> Uh-oh. >> 5. So, not a bad backwards walk for a drunk girl, but that wasn't what he instructed. Cops are watching you not to see what your agility is because she's pretty agile here. She does a pretty good job at walking backwards. If that had been the instruction, you know, you would give her probably an A minus on that backwards walk. But it's an F because it wasn't what he instructed her to do. Remember, he instructed her to take small steps, turn around, nine steps back, not nine steps backwards. But hey, she's drunk. All right. For this next test, I'm going to have you put your feet together, keep your arms at your sides. Do not move from this position until I instruct you to begin. Do you understand? >> Yes. >> When I instruct you to begin, you're going to lift the foot of your choice approximately 6 in off the ground. You're going to keep your arms at your sides. You're going to look at your toes and count out loud in this exact manner. 1,001 1,002 1,003 and so forth. Do not stop until I instruct you to stop. Okay? If you accidentally put your foot down, go ahead and bring it back up and continue the test. Do you have any questions before we begin? >> Oh, she should have asked a question. This is a one leg stand. Let's watch how she does. >> All right, give me one second. >> You ready? 10012 uh >> oh >> All right. Do you Do you not understand the instructions? >> No, >> she doesn't. She's drunk. >> Do you need me to go over the instructions one more time for you? Okay. >> Yes. >> You're going to lift the foot of your choice 6 in off the ground. You're going to look at your toe. Keep your arms at your sides. You're going to count out loud. This is exact. >> Now, I will give him credit. He stopped her before she looked terribly stupid. I've seen somebody do this before. the same kind of thing. They held their foot up, they set it down, held their next foot up and set it down. They just didn't understand the instructions. But on that particular one, the cop let it go all the way through because they were drunk walking one 100,00. You're going to continue until I instruct you to stop. All right. Do you have any questions? >> Hold the foot. >> Yeah. You're going to lift your foot 6 in off the ground parallel to the ground. >> I'm ready. You may be gift 1002 1005 2006 2007 2008. >> Now it's unfortunate here that his body camera doesn't show her feet because the whole reason for these tests being on body cam is to see how they perform. And if I can't see her foot to see whether it's raised the right level, whether it's pointed forward like it's supposed to be, whether she sets her foot down, you can't see any of that here. >> We want to provide a uh breath sample to our uh portable breath test. Basically, we'll replace any evidentiary test we might ask you to do later. You will want to provide a breath sample. >> No, no, no. Don't provide a breath sample. Stop right there. How much have you really had to drink tonight? These questions are probitative. They're for a reason. He's asking her to give evidence against herself, folks. That's why you're a follower of this channel so you can learn stuff like this. I don't answer questions without a lawyer is all she should ever say. She's so deep in now. She might be one of these that's just too drunk to teach. >> Should you really have a drink tonight? >> Um I I was doing my homework for like 2 days straight >> and then I went to Bajala and I had like I think I had four beers and then I I just was going home. I'm just tired. >> What time did you have the beers at? >> Um I think that's about 10:30. >> About what time? >> About 10 or 10:30. >> Okay. So, you're going to see that this will show all zeros after it does a blank check. And what you're going to do is you're going to take a big deep breath and blow as hard as you can. Okay. Okay. All right, big deep breath and blow as hard as you can. Blow harder. Blow harder. Blow harder. Blow harder. Blow harder. Blow harder. Blow harder. Okay, so that's a portable breath test. We don't have those here in Tennessee, so we don't have to really deal with that evidentiary issue in Tennessee. There are many states that have the PBT, and there are certain rules and laws and requirements about whether or not you can refuse the PBT on a roadside. I won't get into that because it's not Tennessee law and I'm a Tennessee lawyer. What do you think? Is she going to be over a 08? Let's watch. >> Now, this isn't going to be a surprise. >> The cop just said this isn't going to be a surprise. Like, he's expecting it to be over a 08. Let's see if he's right. Yeah, I put in her first. So, I'm taking bets here. How high do you think it's going to be? Guess below. It's We're going to wait for a couple of seconds while this PBT reads, but in the comments below, put your guess in what you think it's going to be. All right. You know what the legal limit is? >> Um 08. >> Yeah, this is 249. >> Whoa. 249. That's three times the legal limit, folks, in Tennessee and in this state. I'm a little surprised by that number. I'm not going to lie. She didn't look like a 249 to me. She did pretty well on the first half of the walk and turn. She wasn't really getting the instructions right, but and she messed up the one leg stand. She made it a a onelegg drunk walk. I was guessing probably a 0.12 or a 0.15. I was a little surprised by that number. Is this girl just a high functioning drunk or is she just really good at gymnastics? >> That's quite a bit above the limit, right? >> Yeah. >> Okay. Actually, I'll put your hands behind your back. >> So, you're under arrest for DUI. Okay, here come the tears. That's not surprising at all. This is really the end of the the most exciting part of the video. She did everything wrong, folks. She did everything the opposite of what we teach here on this channel. She took the field sobriety test. Number one, that was her first mistake. She did a good job at telling the cop, "I'm not drinking and driving or I'm not drunk driving," I think is how she put it. She technically wasn't drunk driving at this moment. She was drunk sleeping behind the wheel in the drive-thru of a Taco Bell. So, let's break it down from the police perspective. He did things a little backwards here because he arrested her first and then he asked her to do the field sobriety test which is perfectly legal. They're they're entitled to do that. We talked about that. He brought out the PBT. Normally what they would do is they'd ask you to step out of the car to take a few tests to make sure it's okay for you to drive. And if you're a Dr. Judge follower, you would refuse all of those. Never take these tests. I don't see anything that he did wrong. I can't criticize the cop for being a bully. They were really nice to this girl and I feel a little bit sorry for her. I'm not going to lie. She's in the middle of finals. It's a rough, you know, college is, you know, stressful. You want to go out and have a few drinks. However, you should just take an Uber or a lift. Those companies should have put me out of business 10 years ago. And here yet, I'm still representing people for DUIs. Well, this is what happens when a Baja blast turns into a bye-bye license. So, this might be the only time I've ever seen somebody order a crunch wrap and they get a court date instead.