hello my name is Todd I'm a Washington state peace officer and I'm wearing a body camera that's audio and video recording right now just on okay is there something smoking coming from your car or what what why it hit my uh my my nicotine oh your vague thing okay okay um and the reason I stopped you is you don't have uh headlights or tail lights on right now oh my goodness there you go I'm so sorry have you got your driver's license with you it looks like it's still smoking and it smells a little bit like marijuana do you have like a a joint in there or something I do not I did have a friend who smoked with me earlier what's making all the smoke coming up from from in your car I'm not really sure I mean it looks like it's yeah I don't I don't know okay do you have your uh registration with you I'm gonna reach over into mine sure and I did like have a friend in my car and she she you know she did smoke in her car but I don't um do you have the uh insurance with you I'll have to pull it up on my phone yeah that's fine is that okay okay how long ago did you last use uh marijuana myself yeah it was it was a couple hours ago a couple hours okay yeah but yeah I went floating on the river and I did you know smoke earlier but that was hours and hours and hours hours and hours ago I would say like me okay well I'm just concerned because when I came up there was a lot of smoke pouring out of your car and it to me it smelled like weed smoke um are you sure you don't have a a joint lid in there somewhere that's good absolutely cause a problem okay yeah no is your car in good uh good shape oh my God I just spent 1800 on it last week I hope so one would hope then okay I would really hope so all right um I didn't yeah okay um your phone down for a bit and uh hop out and join me on the sidewalk um so you said it's been it's been hours okay okay yeah and you don't think you're this afternoon you don't think your ability to drive was impacted by that pardon me I don't okay cool um before I am comfortable standing on your way I'd like you to do some uh voluntary field sobriety tests would you do that for me yes okay cool thank you the first test is a an eye test where I have you follow a a pen uh you know back and forth across your field of vision it's not how well you see it's just I'm I'm watching your eyes ability to track the the pen all right um then what I'd like you to do is stand with your feet together and your arms down at your sides and what I'm going to do is I'm going to move this back and forth in front of your face and I'm just going to be watching your eyes and I'd like you to keep your face and your chin pointed straight ahead at me and follow the tip of the pen with your eyes only okay pupils are the same size that's good and they're going together that's also good uh keep your chin pointed at me please I'm just trying to follow the edge of your you know I gotcha your lights are very good just it gets hard to look that direction okay why don't we start over and uh I'll go right here arms down at your sides feet all the way together please thank you and we'll just start we'll just start over how's how are the lights now better yeah thank you awesome pupils are the same size your eyes off tracking together so that is great all right I just my legs were locked inside okay so you're sorry looking straight ahead okay give me just one second do you have any balance issues or physical impairments that would keep you from walking a straight line turning around and walking back yes I've had my knees complete oh yeah okay yes um are you are you worried that you would not be able to walk nine steps turn around and come back would you like to try I mean do I have a choice here oh um yeah these are questions I'm I'm off I'm asking you know I I want to be able to go home I don't have to make the steps together yeah sure I don't know what I don't know but I'm not you so I can't right no and I've had it where like and it'll actually it'll cause my knees to collapse from underneath me are you having that problem today I have not had it today but you know okay um I mean I can I'll walk for you sir if that's okay that's what you need to do all right I'm not I'm not saying that I you know okay thankfully I don't have heels on because that would be a huge difference okay then what I would like you to do is imagine that there is a straight line going down the middle of the sidewalk and what I would like you to do uh no no that uh like if you start there where you were because you need yeah yeah this will be fine I'm sorry yeah this will be nine steps so we don't actually have a line but we need a we need a long a longer area and I don't want you to go off the curb so this this will do nicely just imagine there's a straight line going out in front of you what I'd like you to do is put your left foot on that imaginary line and put your right foot heel to toe directly in front of your left foot much like I'm demonstrating now can you touch Heel To Toe with your right in front of your left yep just like that and with your arms at your sides even but this is that hurts my back already okay if it's hurting if it's here I mean I can try it but I'm not normally that is naughty comfortable okay I don't want you to have another test that you can get yes there is I don't want you to be experiencing pain um what about standing on one foot like this would you be able to do that oh that's kind of going to be that same this is going to be the same thing for how I mean that's approximately 30 seconds all right yes yeah is that going to be painful well I I would I would have to explain the test first and then ask you to begin um because there's a little bit more to it than that um but what I'm asking is is it going to be painful and would you be willing to attempt it I'm not trying to you know yeah sure I don't I don't think you're trying to mess with it I just don't want you to be uh uncomfortable or right or get injured right I just feel like some of this stuff is not set up for somebody that doesn't happen okay we can we can try something else um but so now how long in in which book so could you well it would be up to you I will I will I will go through the explanation and you can make an informed Choice okay so while I explain it what I would like you to do is stand again feet all the way together arms straight down at your sides just like that remain standing like this until I'm finished explaining and ask you to begin the test do you understand all right so when I ask you to begin I would like you to choose one foot and lift it off the ground approximately six inches or 15 centimeters if you prefer metric what you'll do once your foot is up in the air keep your arms down at your sides keep your toe pointed at me I'll be right in front of you so that your the bottom of your foot is parallel with the ground like my foot is now all right hang on don't start until I'm trying to see if that is something like part so part of the instructions are that you remain in the starting position until I've asked you to begin and and you did tell me that you understood that I'm sorry I'm sorry so with your toe pointed out the bottom of your foot parallel with the ground what I'd like you to do when I ask you to begin is with your arms down at your sides look down at your foot and count aloud in the following manner 1001 1002 1003 until I ask you to stop do you think that's something that you'd be physically able to do I don't want you to well I know that just naturally like I'm not that agile okay yeah sure well I'm so the the thing is if you're gonna if you're gonna attempt the test then I'm I'm grading it essentially I'm so it's up to you whether or not you attempt it but we're not going to try it part way and then stop it I was trying to make it sure sure I I understand that you want to make an informed decision and I'm I'm just asking that you try to make that choice before you attempt it would it help if you remove your shoes since they're kind of like elevated will that help you out it's up to you sure yeah if that makes it more comfortable we want to do what's most comfortable for you so and just so I can have it right so this with your arms all the way down at your sides toe pointed out so that your foot is parallel with the ground and looking at your foot counting aloud 1001 1002 do you want to try that okay that's fine what's that chance you will try it I just I I'm I'm very shaky in my balance in the best place okay well then maybe this isn't the test for you do you know the English alphabet I'm sorry yes yes okay um then what I would like you to do is recite the alphabet from E like elephant to T like teapot but without singing can you do that okay go ahead h okay l m n o p Q r s t good we'll try uh we'll try this one again feet all the way together arms down at your sides yep just like that what I'd like you to do is when I ask you to begin I'd like you to close your eyes tilt your head back and estimate the passage of 30 seconds in your head without counting aloud when you've gotten to 30 seconds what I'd like you to do is simply open your eyes and put your head back to its normal position do you understand okay all right go ahead and begin okay would you take a preliminary breath test a voluntary preliminary breath test to see how much uh alcohol is on your breath at this moment because I can I can smell it um what do you think about that okay um here's my thing like what if I not I don't I don't understand why giving me all these tests every single time right so I don't understand why I I don't should I call like I'm not saying I'm not saying one way or another if you've passed these tests I'm I'm trying to make an assessment based on what you're able to do and since you're unable to do some of the tests I'm offering different tests and I'm just trying to move on uh with with what I can to make an assessment uh you're not under arrest right now so uh there's contacting an attorney is not something that sounds right have your lights on um there's marijuana smoke coming out of the car I could see it I could smell it you've had alcohol to drink it's it's pretty clear that you've got some some things in your system and I'd like to uh figure out if it's too much for you to have been driving so the one of the ways that I verify that is with a voluntary preliminary breath test it's a little machine that I hold in my hand and you blow into for about as hard as you can for about five seconds you do have a choice and that's what I'm that's why I'm asking my other option is like what's my other option here like and I'm not saying I don't want to but I'm just like the your option is to do it or to not do it I'm not arguing but what's not do it uh the not do it option is that you don't do it and I make my decision about whether or not it's safe for you to drive on what I've seen so far and I don't consider what it says on the PBT so for for one more time I'll I'll just say are you willing to provide a voluntary preliminary breath sample I guess okay I'll be right back anyway my mouth is just like standing out here having having anything in your mouth prior to the test would mess up the test so it has to be it has to be at least like several minutes of not drinking or smoking anything and since I've been with you for several minutes um this we're at the point where um where this this is the ideal time for it since you haven't had anything to eat or drink or smoke in at least several minutes foreign it's just going to do some internal checks do you have anything in your mouth that you weren't uh like gum or tobacco or anything can you open you say ah I want to lift your tongue perfect okay all right please take a deep breath and blow all the air out of your lungs through the tube as hard as you can I'll hold it for you okay and do what blow it as hard as you can for as long as you can keep going blow hard you'll hear it clear thank you you can grab onto the tube x-ray Western hewlog PBT time would you mind taking the tube off of the top that is um yeah thank you that my my nice seat in there yes we don't reuse them okay based on everything I've seen I am going to place you under arrest for driving under the influence you don't have to move I'm going to come around to the back of you I'm going to grab your hands and I'm going to place you in handcuffs so please just keep them relaxed I will give you an opportunity to do that very shortly don't move don't move I will give you an opportunity to do that when it's appropriate but there are things that need to happen in order can you spread your feet apart for me thank you you don't have uh no any weapons on you or anything like that okay okay I will can you open your hands and just drop yeah I'll take that back from you and we're gonna walk over here to my car I'll get your shoes for you yeah can you slip them on without uh getting hurt no I'm gonna get my phone out of my car we'll we'll handle that in a second we're gonna go over here okay go and take a seat can my daughter come and pick my car up yes we we will handle it we'll take care of your car we'll get your phone for you but we're just going to do some things in order okay she's in Ferndale okay go ahead take a seat please [Applause] there should be a place for your hands to rest comfortably I'm gonna hook your seatbelt and right now you are under arrest for driving under the influence you have the right to remain silent anything you say can be used against you in a court of law you have the right at this time to talk to a lawyer and have them present with you while you're being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning 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 yes okay you'd like your phone out of the car is that is that right yeah my purse is in there and then my phone is probably do we have your permission to go in the car and get those things out okay um yeah and then we'll do that and work it out again is there anything else you need like is there a person would like me to grab that for you also Well yeah if I can get my daughter or do you want to release that to your daughter okay pardon me um in Whatcom County we've um we do book all DUIs into the county jail I think so yeah will this unlock with your face and then I can I can just call her or is she on like Auto auto call or something or anything did you say that I have one in custody yeah Miranda yeah I can call from my phone I have a name for you [Music] I need you to come get my car stop I'm not supposed to drive so I am down at the Wendy's down off of samish and Bill McDonald I need to come get my car yeah thank you at least no get my car I need you to at least I don't know take it to Maple or something yeah park your car at Wendy's right run my car over to Maple just to get it off the street or even park my car at Wendy's or something I'm currently sitting in the back of a cop car so I need you to come and move my car off of the street all right okay um okay yep got you love you here's your phone okay and then uh so can you now give that back to my daughter now people you want this in your car uh well yeah I want my daughter to yeah so that it is yeah okay and her name is you might yeah okay okay I'm just being honest like here's it sounds so silly so my my daughter ended up with a DUI like a year and a half ago right who drove her home afterwards it was one of the uh welcome County Sheriffs oh and they like booked her and then brought her back out to my outfit yeah because I was like so what time do I have to pick her up and she was like you know they're like oh no one drop her off it could have been a coven thing who knows maybe so she's probably like 10 or 15 out then you think did you so you don't want your first you just want this um yeah I would rather I don't need my purse I'd rather take my purse okay okay and then I'll just take my phone okay I'll put this in there um you ever done a vehicle release form with us do you know what that looks like so many [Applause] uh so you just draw a line through this because we're not leaving it parked right third party release she's in handcuffs you can just say that there but to the once the person gets here to take it fill out their name okay and then have them sign that they're taking possession of it and all this up here is self-exclamation yep okay I'm going to take her up