can somebody smash the window put in park it sounds like a complete trap going to fight it it's a final answer no [Music] I would say the front window that way we can actually get to it no got it please put it in park put it in park put in park car in park unlock the door get out of the car what's going on how'd you pass out pass out yeah how do you think we uh got here what's going on tonight nothing okay well your peoples are dilated so you've been using some substances or what no no all right you know uh you were passed out for a little bit right yeah for a second yeah it was a little longer than a second I know what you're saying n so what happened I stopped here I was going to pick up him pick who up my boyfriend okay and I was going to go home okay do you have any medical problems no no okay do you have your ID on you yes said it's in your pocket or in the car it it wasn't um somebody smash the window yeah cuz we were slam pound in your window and you didn't wake up I'm sorry okay come on over here for me step right here you using THC like we like the Bap pen No any weed or weed yeah okay I saw you took a hit when uh off the bait pen when uh we woke you up so what was that I no no no that's not that's not TT no okay that's um that's regular that's if that was to be tested that's not going to test PA well I'm saying is it's regular like um besides we that's the only thing that you use weed yeah and uh when's the last time you used weed um I maybe like a week ago all right what do you use tonight cuz it's not nothing obviously not normal for people to pass out in the middle of the traffic yeah I know all right fav put your feet together arms at your side see the finger here's one you do okay I'm just you follow the finger fingers are going to go back forth in front of your vision all right let me uh ask you a couple questions before we we start no alcohol any XEX no okay all right so we're not in the road actually I guess it doesn't matter cuz this Lane's blocked come right here for me okay yes sir uh what do you use weed for just re really you know uh relax I have a very bad back problem okay you would just step on the line fish this way sir all right the sandals I would normally make the suggestion that you're remove them up to you actually you know what you're right yeah what time do you think it is right now 10: 10 I don't know it's been I I had to pick up these kids okay what's today's date day of the week uh it's definitely Sunday Sunday want to try again yeah Monday you know month it is okay well it's definitely February that you're right about you're you're confusing me oh you can look at the watch if you want it's the 26th of uh February it's Saturday okay well well I figured that it was like you know the day after a Saturday it's not even 8:00 yet well damn all right I'll do a couple things with you we'll see how you do okay put your left foot on the line right foot in front of it heel touching toe for me arms down at your side stay in that position do not begin until I tell you to understand when I tell you to take nine Heel To Toe steps down the line okay when you reach the ninth step I want you to leave your leader front foot planted use the other foot to take a series of small steps to turn around okay you're already loosen me you want me to slow down for you so take a couple of steps so when I tell you to begin take nine Heel To Toe steps down the line okay when you reach the ninth step you're going to leave your leader front foot planted on the line use the other foot to step around and then take nine Heel To Toe steps back it's going to look like this when I tell you to you're going to go one two three all the way down to nine imagine this is nine ex Point leave your lead to front foot planted other foot step around then one two three all the way back down to nine okay once you start don't stop for pause at any point till you complete the steps make sure you leave your arms at your side look down at your feet as you walk and count each step out loud you understand yes any questions no go and begin he make sure you touch Heel To Toe proper off all right step right here face me GA arms to each side stay like that here's what I'd like you to do when I tell you to pick a foot of your choosing up off the ground okay so when I tell you to up to you which foot whichever foot that is pick it up off the ground about 6 in okay you're going to keep your legs straight your arms at your side you're going to look down at your raised foot keeping your foot even or parallel with ground and count out loud in thousands so you'll count 1,1 1,2,3 so and so forth till I tell you stop if you put your foot down at any point I want you to pick it back up and continue where you were do you understand do you have any questions no all right on you arms supposed to look at your foot and count out loud1 1003 1004 1234 continue of 1156 all right you put your stles on come on over here all right um what's it what happened when you passing out I have problems with that like what I honestly my you can ask my mom I just I have issues with where I I honestly pass out I just okay well I I have issues with where I don't I don't sleep well be one thing if you just passed out but obviously you know we're banging on the window you're not waking up that type of thing if you talk to my mom she can tell you the same thing like she tell she tells everybody like I just I okay all right looking at totality I do think that you're under the influence turn around you're under rest all right I know you said you haven't been drinking and what not I'm just going to do a breath test with you to confirm that okay good with that no no all right if you don't take the breath test there are some penalties okay if you don't take the test it's going to result in suspens face face sorry sorry no problem if you don't take the test it's going to result in suspension of be driving privilege for a period of one year if this is your first refusal or a period of 18 months if you have a par suspension on your record for refusing a breath blood or urine sample in the past if you refuse the test and you do have a PR suspension on your record for refusing a PR test in the past it's not going to make a difference going show me real Aqua content is uh you saying you have anything to drink we'll see what happens okay but whatever you do is up to you let me get through These Warnings you can tell me what you want to do okay so like I was saying is if if you do have that prior suspension on your record for refusing a part test in the past and you refuse this test becomes an additional misdemeanor of the first degree for you to refuse the test it can also become a misdemeanor at the first degree for your refuse a test if you have a part you've been PR find under Section 32735 215 for refusing a test and you refuse this test lastly if you don't take the test can be against you in court you understand that all right with those in mind will we submit to a breath test preferbly a veral answer no ma'am I'm sorry problem I get probably a lot to process but why so I got to Wi the female did you understand why I told you yeah will you take a breath test again preferably a verbal answer no no no I won't and you understand about your license all that good stuff yes all right come on over here you change your mind certainly let me know but for now will constitute a refusal submit to the breath test okay step right here I'm have this officer search it real quick make sure you don't have anything on you not saying you do face the vehicle does have a necklace on by the way that's fine get that what was your question under arrest what's that what what are you under arrest for yeah DUI up to you do you want to take it yes or no I know you said it's going to f you either way but that's your call so obviously if you if you take the breath test regardless of what the results are you're not going to catch another charge for refusing it um but obviously is going to provide an evidentiary sample or the results of the the test good or bad okay um obviously like I said if you refuse it then that it is what it is so your call I don't know what to do entirely your decision nobody can make that decision except for you how about this how about I prepare it if you blow into it you blow into it if you don't you don't sound like a plan that sounds like it's a trap trap it's a evident re breath test either you do it you don't it's no different than it sounds like a complete trap how is it a trap it sounds like I'm going to blow it to it with no I said if you blow into it so it's up to you if you blow into it I said I would prepare the the instrument and if you blow into it you blow into it if you don't you don't so it gives you an option that way it's one way or the other what do you want to do I'm going to fight it okay yeah have you're right to fight it I'm asking about the breath test you want to take the test yes or no no no was that a no no no all right and you understand you're going to get charged with the additional misdemeanor yes what do you mean no I don't know I don't know what the I'm I don't know ma'am so with this stuff I can't trick you okay ultimately it's your decision what you do I will try my best to lay out the options so you can make a informed decision okay I can't give you give you you know uh tell you something that's unlawful or or improper okay so obviously you have two options in front of you option A you take the breath try to listen so I can explain this I'm trying to think I know it's an emotional I'm sorry I'm sorry what would it be more comfortable for you if I take you out of the car and put the Cuffs in front maybe help you out at all or or no I did I'll tell you what why don't I have you step out that way you're not sitting in the car hopefully be a more comfortable for you come on out you want to just face the car for you okay right can you face me all right come this way step right here for me okay you need to get any phone numbers out of your phone just what's that just okay do you want me to explain the the two possibilities and your options and then you can make a decision what you want to do yes no you don't want me to explain all right so are you refusing the breath test or what yeah you are refusing it yeah all right and you understand about your license and the additional criminal charge correct yeah I the court you have every to St recording step over that door okay so final answer no correct good the final answer is no correct no oh only reason I'm Mas is cuz you said fine I'll take it when I got out of the car so it doesn't matter to me one way or the other okay it matters to you okay so if you want to do the prath test you can do it and see what the results are obviously I've already told you if you don't don't do it then it's a refusal it's fine step over the uh where the footprints are okay and if you change your mind in the next few minutes you can let me know after that it's not going to be changed okay step a stand I know you search by the officer but is there anything in your possession that could me I search you