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hi there hi Deputy W Sanic County
Sheriff's Office I stopped you because
you don't have a plate yes I just picked
up this car Daddy okay I had a truck but
this one just PA me okay and then
another thing your speeds are going up
and down like between you were at 90 at
one point and then back down to
70 um and then you were swerving a
little bit back there too coming up the
hill okay any alcohol to drink today no
any drugs medications or anything okay
give me a second I'll be right back
okay okay ma'am where you distracted or
anything hly I was just singing my heart
out driv singing your heart out and I
and I dropped my bab
so okay cuz coming up the hill on laaj
there like I said you were your speeds
were fluctuating and then you were
swerving a little bit once I caught up
to you I saw there was no plate so I
apologize I was reaching down just
trying to find this okay uh so I'm
smelling odor of alcohol that was
ear okay uh so you were drinking earlier
earlier like around 1:00 around 1:00
okay what so what time did you start
drinking uh I start at 10:00 I stopped
at 1 you start at 10:00 in the morning
yes and I stopped at 1: stopped at 1:
okay uh you don't have to put gum in
your mouth no no um what were you
drinking I did have VOD but I'm not buz
right now you had a what in vodka vodka
vodka just vodka just like by itself
yeah okay but were you drinking it in
like shots yeah but that was a while ago
okay cuz I like I said I'm I'm smelling
odor I was smelling it on the other side
that's why I came to this side make sure
that that's what I was smelling so I'm
this um so before I let you go just the
way you're driving like I said you were
swerving coming up laada uh waited for a
a safer spot to pull over and then I saw
you didn't have a plate when I caught up
to you here um Before I Let You Go I
want to do some standardized filter
ready tests on you to make sure you're
okay to drive okay yeah okay are you
willing to do that yeah go and keep the
gum out of your mouth okay
okay and how many shots do you have
between 10 and one
uh I about five like five were you
measuring the shots uh I my best friend
she say that again my best friend P the
shots shots okay and so the last shot
you had was at 11: I'm sorry around like
1 at 1:00 okay goe and step out here do
you don't have any weapons or anything
on you no no go and step out here do you
have a jacket uh yes you can put your
jacket on it's a little bit a little bit
cold
okay go and stand right back
here stand right here closer to this
side okay I'm going to move my unit real
quick you can lean on your car you can F
this way just like sit on your bumper
I'll be right back okay
41 C I'm 1041 occupant I'll be on fields
okay I know it's a little bit cold so
I'll try to to be a little bit fast okay
stand right here on my
light put your feet together hands down
your sight do you have any medical
conditions or injuries anything that
would prevent you from walking turning
or
balancing you have any problems with
your eyes
no any uh have you ever had any like
head traumas or head injuries or
anything okay you're going to stay in
that position okay can you see the tip
of my finger yes are you wearing contact
okay can you see the tip of my finger
the very tip of my finger okay you're
going to follow the tip of my finger
with your eyes only don't move your head
do you understand
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yes follow my fing the whole the whole
time
okay keep follow my
finger sorry it's okay just got to stay
in that Myro can I put my hands my keep
them down to your sides
okay keep looking at my finger out here
there you
go keep looking on my finger
okay for this next test you're going to
imagine a straight line straight out in
front of you okay it's about the width
of your foot okay it's just a straight
line it's like just straight out in
front of you okay go Ahad and put your
left foot on that
line you're going to stand with your
right foot touching left foot heel to
toe just like this with your arms down
to your sides okay okay and you're just
going to stand like that go and do that
now don't
walk I need you to just stay in that
position move your your left leg behind
there you go so that's the position
you're going to stay in okay you're
going to stay in that position until I
tell you to begin the rest of the test
do you understand yes okay once I tell
you to begin the rest of the test you're
going to take nine Heel To Toe steps on
that imaginary line in front of you okay
okay it's going to look like this 1 2 3
I took three steps you're going to take
nine do you understand I need you to
stay in that that position
though okay once you make your ninth
step you're going to leave your lead
foot on the ground you're going to take
a serious of small steps like this to
turn and then you're going to walk back
nine Heel To Toe steps on the same line
okay it's going to look like this one 2
3 again I took three steps you're going
to take nine steps you understand so
nine there turn how I showed you nine
back okay do you understand so far yes
okay once you begin the test don't stop
until you're complete with the test okay
make sure to look down at your
feet make sure to look down at your feet
count each step out loud and keep your
hands down to your Ides during the
entire test okay you have any questions
okay go ahead and
start look at your feet 2
3 4
5 6
okay go and face me this next test go
ahead and stand with your feet together
arms down to your sides for this test
you're going to be standing on one foot
okay the other leg the other foot you're
going to raise about 6 in off the ground
okay I do have horrible Bal balance in
general so okay just try your best okay
so like I said you're going to be
standing on one leg it's up to you which
one you stand on the other foot you're
going to raise about 6 in off the ground
okay just like this once you're in this
position keep your hands down to your
sides and your legs straight okay make
sure you're pointing your toe so that
your foot is parallel to the ground you
see how I'm doing that yes once you're
in this position here you're going to
look down at the foot that's raised off
the ground and you're going to count 1,1
1002 13 1004 and so on until I tell you
to stop okay so just keep going until I
tell you to stop all right make sure
your hands are down to your sides make
sure you're looking down at that foot
during the test do you have any
questions
okay go ahead and start
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okay go and face that
way hands behind your
back I'm move your sleeves up okay so
you are placed under arrest for DUI
okay relax your
hand there you
go okay relax your hands there you go
I'll let you call somebody do you have
someone nearby that can pick up your
car
tomorrow
tomorrow is Sunday
it's possible it depends on the
judge it depends on what judge is on
call okay um and then just let you know
too I was smelling odor of alcohol in
your breath while we were out here as
well okay so go walk this
way oh
sorry um do you have anything in your
pockets that that's going to poke me or
anything I don't
no pockets on your pants okay um
anything in your bra
okay going have a
seat what's that so
embarrassing just want to get my
daughter where is it you said it's your
daughter yes where is
she but I mean oh sorry I know is she
she's with her dad give me one second
okay you don't have anybody near by that
can pick up your car I call S save her
her best friend from where is she at I
have no clue if I call her it would be
like about a good 455 minutes no it's
got to be like I 15 20 minutes nobody
near so we'll have to tell the car
okay I have to read you something okay
can you hear me yes okay listen to me
I'm about to tell you something
important you're under arrest for
driving under the influence of
intoxicating liquor or drugs the New
Mexico implied consent act requires you
to submit to a bread test to determine
the alcohol content of your blood after
you take our test you have the right to
choose an additional independent
test if you choose to take this
additional independent test you have the
right to a reasonable opportunity to
arrange for a physician a licensed nurse
or laboratory Tech technologist OR
technician who is employed by a hospital
or physician of your own choice to
perform an additional chemical test the
cost of this additional test will be
paid for by the law enforcement agency
do you agree to take our
test it's a breath test no okay I cannot
force you to take our test but if you
refuse you will lose your New Mexico
driver's license or non-resident
operating privilege for one year oh we
I'll take it if you are convicted in
court of driving under the influence you
may also receive a greater sentence
because you refuse to be tested do you
understand I can
say it again I'll take it just so it's
not okay your right to speak to an
attorney or remain silent does not apply
to the requirement of New Mexico law
that you take a breath test do you now
agree to be tested yes okay do you
understand understand everything that I
read to you okay if you have any
questions just let me know I got to
check your mouth to make sure there's
nothing in your mouth just part of the
can you face me lift up your tongue okay
can you go to that side and buckle her
in for
me but when I do call at least can I
call somebody like P your leg know that
I'll give you a phone call is your phone
in the car yes okay I'll grab it well
cuz I was and um I was I was heading to
some I two calls I got it bro never mind
I'm good I got it can I make two calls
just to let them know that I won't be
there better know yeah I can just go
over a little
bit sorry there we go yeah I'll give you
a phone calls when we get to the office
okay okay all right give me a sec do you
need the heater on uh yeah okay you said
yes yes yes okay
okay go to that door right
there thank you
mhm and then go to the second room right
there to your left
yeah and then just have a seat in that
chair there okay can please I'll get you
some in a minute
okay
here over here I'm see right there okay
okay okay come over
here take a deep breath go hard and City
into the hose I tell you st
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still
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okay go and stand
it same thing
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okay go keep
going there you go
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see right there again
so I'm going to serve you with what's
called a DUI citation and notice of
revocation okay there are two different
forms you'll have copies of
each the notice of revocation within 10
days you if you request or if you want
to you can request a hearing through MBD
you have to send it in writing to MBD
okay there's going to be a page that has
instructions and it'll have uh it'll
tell you where to send that request to
for M okay
what happens is once
MBD gets your request for the hearing
they'll schedule that hearing within 90
days okay that hearing is through MVD
it's what's called an administrative
hearing it's separate from your case at
Magistrate Court okay all that happens
at the at the MVD hearing is they
determine whether or not you're going to
lose your license and for how long Okay
um you'll get your subpoenas in the mail
for the MBD stuff and for or the court
stuff through magistrate okay do you
have any
questions okay um and again if you
forget anything that I explained to you
you'll have a sheet that has
instructions for for the no replication
stuff okay all right you
ready I'll follow you
out go back to my car okay
thank you
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