no matter what he's the most sober one out of all of us okay so he's more sober than you yeah because he didn't even have a full beer because just turn four she's about to turn six four and six okay man listen man this guy right here so much I'm sorry if I frustrate you I know you're frustrated with me it's just you just need to make a decision for yourself okay I never made a decision for myself how old are you 31 okay it's time to grow up [Music] take one step this way face me take one step back how much alcohol have you had tonight honestly yeah honestly one okay so why did you tell me no when I was at your car door because he was there too okay I didn't want him to get mad at me when you said you got back for dinner booo I just pick from the the airport where going went home to Best Best Western room 248 okay any reason you're slurring your speech tonight no we're going home cuz we just got done eating and yeah okay so I don't believe you're on one how much have you had tonight one one what one beer okay would that be a 12 O 24 o no one beer at boogo topico okay at the mall we got our car valeted after that that was it we came here we came to eat and then we're looking at Walmart and supposedly samil on Walmart on Google isn't open till 10:00 at night or 11 at night mhm so we just we're going to go back to Best Western by the airport okay so you've had one beer yeah what kind of beer would that be kumra a lumbre yeah elevated one elevated orange green blue orange green can I'm being honest so you had a a can of lumbre yeah okay not even not even a can because we're at the restaurant okay idealistically when you order you know a break that's what happens I didn't even finish it we went to go eat and then we were going to Best Western mhm okay so I'm going to check your eyes tonight I want to make sure you're safe to drive go for it as soon as I determined that I'll put you back in that vehicle anyway I'm going to adjust prise I'm going to adjust these lights um but I need to know no matter what he's the most sober one out of all of us okay so he's more sober than you yeah because he didn't even have a full beer because he was like oh I got to work tomorrow okay well I'm he from Florida I'm you said no to contacts I don't have CeX any recent head trauma no I have 2020 okay I'm going to have you stand just like me feet together toes touching arm by your side Arms by your side don't move I'm going to have you focus on the tip of my finger I'm going to be going back and forth I don't want you to move your head at all I just want you to focus on the tip of my finger moving your eyes and your eyes only okay do you understand what I want you to do I do any questions you said only follow the tip of your fingers yep no moving your head or anything yeah just move your eyes yeah any questions no okay you see my fingers just move your eyes all right that first position I had you in standing on my light you'll face me okay what I next test what I want you to do is you're going to pick a leg of your choice whichever leg you choose you're going to lift off the ground about 6 in about the height of a cocan okay your arms are going to be straight by your side you're going to look down down at the tip of your toe and you're going to count in 1000s until I tell you to stop okay I'm going to demonstrate the test I don't want you to start it just watch me okay arm straight leg straight foot parallel with the ground look down at the tip of your toe and you'll count 1,1 1,2 13 1,4 1005 continuing until I tell you to stop it's going to be about 30 seconds okay any questions go ahead me again go ahead and stop you said Kesha righta I'm going to speak to you at the back of my patrol car okay come with me right over here right over here face my patrol vehicle place your arms behind your back arms behind your back take one step back for me white in your stance do you have anything on you you shouldn't okay so at this time I believe that you've had a little bit too much to drink tonight you're placed under arrest for driving W under the influence okay do you have a wallet and a cell phone you want to go with you tonight no but on your wheels do you you want a phone you have a phone I don't know any contact information emergency contact information can you please make sure that he knows it do you have a phone though he know yeah okay so we'll we'll accommodate all that okay but right now I just want to make sure your kids aren't watching or or anything like that oh definitely okay so you say you have nothing on you no what's in your mouth lift your tongue perfect face this way this way are you wearing a bra yes so right now as I'm talking talking with you it's 12: midnight okay okay stand right here I'm going to open this car door so your kids don't see you Ken no no no no come this way can you have Andre write my mom's number and his number on my arm yep we'll do that for you have a have a seat have a seat in my car so miss Kesha do you have a ID on you it's in the black beaded bag in the middle and the console okay yeah perfect so I'm going to read something real quick okay okay so right now you're under arrest for driving under the influence of intoxicating alcohol and or drugs the New Mexico implied consent act requires you to submit to a breath 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 independent test you have the right to a reasonable opportunity to range for a physician a licensed nurse or laboratory technician or technologist who is employed by a hospital or a physician of your own choice to perform an additional chemical test the cost of that additional chemical test will be paid for by the law enforcement agency which is the New Mexico State Police do you agree to take our test at this time I'm asking for a breath test okay so I cannot force you to take our test but if you refuse you will lose your New Mexico driver's license and or non-resident operating privilege for one for one year if you are convicted in court of driving well under the influence you may also receive a greater sentence because you refuse to be tested do you understand okay can you explain to me what that means so I'm asking for a breath test tonight okay a breath sample to determine the alcohol con of your blood what I just read to you if you refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are also convicted in court of driving well on the influence you may also receive a greater sentence because you refuse to be tested do you understand okay so before we agree to those terms right mhm I don't want to I don't want to stress you out I just I'm coming to your fine words right mhm okay so if I don't blow then what does that mean so I'm going to continue on your right to speak to an attorney or remain silent does not apply to the New Mexico requirement that you take a breath test okay do you now agree to be tested can you please I'll explain to you after but I just need to know if you're going to where's Andre where's Andre we'll take care of that in just a minute I need to know if you agree or refuse to be tested I need you to answer my question then I'll answer all yours do you agree to be tested give me give me 5 Seconds please let me just pick take a deep breath I'm going to let you have a a minute to yourself we're going to take care of your kids okay no it's not a matter of my kids it's a matter of Andre and my kids okay we'll take care of all that I'm going to get you your ID your wallet all that stuff okay what would you prefer I can't give you legal advice ma'am 28 when ready your [Music] 545 who's got the keys do you know who's got the [Music] keys of 914 914 so who are you to her just a boyfriend I'm the kids's father biological father Yes these two okay why are you from Florida then because that's where I'm from I mean I don't know that's where I was born and raised that's why I'm from Florida okay well she says she just picked you up today so I'm trying to put it all I flew in okay I the the kids have been with me for the month of July are you guys married no divorced no we we never been married we just have kids together who has custody is there any custody no no we're not in the court system sir okay so where do you live I live in Florida okay so how long are you going to be here here we got one night at the hotel and hopefully I can get her out by tomorrow morning okay if not then I got her in another night and you know probably going to end up staying the whole weekend now that I can't spend the night do you have your ID on you man yes let me check your ID real quick okay3 92 just let me get myself together real quick please Sor this is going with me okay sorry my mama I know hey it's okay all right it's okay Mommy's going to be okay when can I get her out we'll go over all that in a minute but we got tow trucks here we got to do we got to take all this stuff or we're going to run into a mess I need as set do you know where her Ida is it's it's in that little wallet in here no no no the little black wallet yeah with the little the beads I checked it wasn't in there so maybe it's in her pocket or something no it's got to be in there I just checked all the stuff that was in that was right here you can come look stay right there baby okay please everything that was in it is right there 122 George ID is that going to make it longer for her to get no it won't I'm just trying to give her her stuff in case uh she needs it okay but I'm going have you step out we're going to get this vehicle taken care of okay I don't know where it's at hang out right here for me boss's going to give you a ride we got the car seat installed you guys are good to go how old are your kids sir she's about to turn six four and six okay man listen man this guy right here I'm sorry for everything I'm sorry I'm really sorry made a mistake made a mistake but list fine but you know what we made a mistake Florida can we got some toys in their they got some toys in their tablet just wait hold you I promise I'm going to pull my unit up so I can do a toe hey boss don't leave I have your ID I will I'll be with you the entire time will you turn I want to make sure that's not your ID in your pocket it's right here it's right here and my debit card okay that's what I was looking for the entire time see this right uh red chair have a seat I don't know where the r chair is right here just have a seat for me so real quick um this is that breath machine that I asked on the side of the road okay whatre say he said that he's going to take the kids to the hospital or to the hotel I'm sorry Best Western yes ma'am 248 yep are you sure positive did he say he was going to get me yeah he's going to get you first thing tomorrow morning we made sure of it don't no no no no don't say that just to reassure me David So when he talks to you in about 10 to 15 minutes he's going to tell you all of that that I told him no I'm super scared I really am I super scared because I don't know I don't know his number I don't know Andre rios's number which is my kids's dad I don't know my mom's number that's why I'm scared that's why that's why I'm telling you dve I'm scared please don't leave me I won't leave you but I don't know my mom's number I if we got to find your mom's number we we'll help you out I don't know my boyfriend's number which is my kids D Andre Ros is my I don't know I don't know any of that that's why I'm so scared please don't me no so this is a brand new mouthpiece it's never been used with anybody else okay I'm opening it just for you please don't do this to me David what would I do to you trying to get your quota trying to get your points like I said ma'am it has nothing to do about a quota my brother is a police officer so then why are you drinking in the car with your kids that's what it has to do with trying to go home that's all this has anything to do with we went to Walmart and realize I wasn't open it sucks but please David don't be mean to I'm not trying to be mean ma'am no I understand I understand there's a bad line between your job it can be me to me please okay I promise I won't okay deal yeah I'll cooperate I promise I will I'm just super scared I'm super scared because okay so real quick I just want you to listen to me I'm going read it to you one more time listen to me I'm about to tell you something a PO you're under arrest for driving wall under the influence of in toxicating alcohol and or drugs the New Mexico implied consent act requires you to submit to a breath test to determine the alcohol content of your blood if you take that test you have a reasonable opportunity to choose to arrange for a physician a licensed nurse or laboratory technician or technologist 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 which is us the New Mexico State Polie do you agree to take our test it's a yes or a no I don't know what to do because Andre's always been the one decide things for me okay so I'm going to continue on I I cannot force you to take our test but if you're refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in court of driving while under the influence you may also receive a greater sentence because you refused to be tested do you understand that okay when it says so 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 if you are convicted in court of driving while under the influence you may also receive a greater sentence because you refuse to be tested okay when you say convicted in the court what does that mean by test by test if you if you are convicted in court of driving while under the influence you may also receive a greater sentence because you refuse to be tested okay I'm going to continue on your right to speak to an attorney or remain silent does not apply to the requirement of the New Mexico law that you take a breath test do you now agree to be tested I just need a yes or a no so that means so right now it says please blow until the tone stops I'm requesting that you provide a breath sample tonight it's a yes or a no would you like to blow I don't know what to do I just need you to make a decision ma'am I can't a second David please please give me a second because like I said Andre has always been the one to decide the things for Andre Andre's not here he's not here exactly and you have to make a decision that's a yes or no Julian as an adult has to make make make a decision and I don't know what to do because of the fact so listen to me you you have about 1 minute right now this says please blow in 1 minute this is going to make a noise and that's going to be a refusal okay so if I refuse and then by the court and it becomes a greater sentence it it now turns into an aggravated DWI so if you would like to blow tell me yes and I will play place this cord next to your mouth and you can blow into the machine I'm scared I wish my mom was here I wish I wish Andre was here okay ma'am so I'm going to let you make that decision and like I said in about a minute this is going to make the decision for you and at that time I'm going to be charging you with aggravated DWI what is aggravated it's a higher sentence what is a higher sentence it's a greater sentence in court greater sentences Court yes ma'am that I just need I just need a yes or no no please please David please okay so as I as I stated if you are convicted in court of driving while under the influence you may also receive a greater sentence which is greater penalty because you refuse to be tested so I just need a yes or no I don't want to I don't want to get in more trouble so are you going to blow in the machine or no I guess that's all I got okay so at this time place your lips around the seal one strong steady breath you're going to blow until the tone stops okay just like you're blowing up a balloon it's up to you what' you do I can't give you legal advice but what about a lawyer your right to speak to an attorney does not apply at this moment so this thing is going to make a decision for you in about 10 seconds so that's exactly right that's what's so scary about this I'm not being I'm not in I'm not being incoherent like I just said this is scary because you're giving me the reality check of this moment and the fact that I don't have anybody my mom or my boyfriend to make this decision you're a grown woman exactly but I never had my mom or my boyfriend here to make this decision okay so stand up I'm taking that as a refusal we're going to be going over here no no no no no no no no but please don't scare me please don't scare me I'm not scaring you please don't scare me but I'm not going to sit here listen to me I'm not going to sit here and play Kesha doesn't know what decision to make okay I don't because I'm scared David so that's fine I'm not going to sit here and argue with you I'm not going to sit here and do this all night are you going to plow into the machine yes or no what does that do it's going to tell me what your blood alcohol constant is okay are you going to blow in the machine yes but I don't know what it's going to do because of the fact that wa Andre is not here okay Andre is not here Andre's not here like where is he at like he's supposed to be here where is he yeah I'm going to run this one more time what you just told me was yes you would like to blow in the machine I don't know what Andre would do I don't know I don't know what my mom would do I don't know what Andre would do I don't know this really suck okay Miss Julian people are not here to make a decision for you you have to do that yourself it's a simple yes or a simple no are you going to that's all I have ever had in my life okay well they're not here so it's time to be a big big grown woman hey make a decision for yourself yes or no I'm so scared yes or no ma'am but I'm not going to sit here and do this all night so I just need a simple yes or a simple no okay okay I'm sorry I'm sorry I'm sorry frustrated you I'm sorry are you going to provide a breath sample tonight what is that I didn't hear I don't know what to do that's so sad is I don't know what to do Audrey's not here okay Audrey's not here ma'am it's just a yes or a no I don't know what to do okay well stand up for me I'm going to continue my booking paperwork if you change your mind before we leave I'll give you another opportunity but I'm not going to sit here and play you don't know what to do all night you do I'm taking your actions as a refusal I can't give you legal advice so we're going to walk into this in this position where do we get legal advice right now you're so for this your right to speak to an attorney does not apply I've read that to you multiple times why does that not apply I'm That's the Law cuz I don't know I just I just need a lawyer to tell me what to do only reason why because I don't know what to do you're not listening to me your right to speak to an attorney scared does not apply so I'm not going to stay here all night we're going over here what do you mean doesn't not apply it doesn't apply to this machine you have to be a grown woman and make a decision yes or no I've never been a grown woman I'm not going to do this over here see this open door we're going right in there you have about 20 minutes um think about it if you change your mind before we leave to the jail you can then change your mind turn around for me but what does that mean what is can you tell me what Andre says ma'am I don't know Andre I'm not going to call Andre you're grown woman make a decision for yourself I don't know what to do as a grown woman face this wall because he's Andre makes every decision okay my mom and him make every decision David I'm sorry I don't know what to do I don't know what to do take your jewelry off please I don't know what to do D I'm sorry I'm trting you I really am I'm sorry I really yeah you going to have a seat at this chair to your left see that chair behind you see that chair behind you just have a seat right there I have a earring right here see that sh behind you have a seat take your watch off and your bracelet please it's your here no you need help yes please cuz my nails I'm sorry if I frustrate you I know you're frustrated with me it's just you just need to make a decision for yourself okay I never made a decision for myself how old are you 31 okay it's time to grow up at 31