I was never driving you are detained you're not free to leave okay the way you're acting is for what for what for du for what it's a simple basic St experience would you like to read it maybe that will help you hello good evening a b New Mexico State Police the reason I'm pulling you over is cuz you keep stopping and going and then you're having a hard time maintaining your Lan of travel where are you coming from um I'm coming from my my birthday she all right yeah what are you doing there trying to keep going yeah you're like leaning over and reaching down do you have your driver's license with you not you not you ma'am you yeah the driver you you yes you not your sister she's not driving you are so I need your driver's L can you put it in park for me please yeah where are you trying to get to to my sister's house where does she live [Music] huh Laura or L Laura Laura English louder Spanish let me get you a step out in here quick do you want to leave your bag there real quick um sure it's in your jacket yeah it's C go and close your door hey Laura how much did you have to drink tonight nothing I just want to make sure you're all right and then if you're good I'll just let you go why don't you do you have a smartphone I don't oh do she or I have a um like a government phone okay and you just she she's just having a hard time giving you directions or what um she's pretty buzzed yeah she's not buzzed she's drunk but that's she I mean I understand let me make sure you're all right and if you're good you'll be on your way just go and stand on my light put your hands at your side and your feet together like this okay you wear glasses or contacts I do okay that's fine do you have any sort of head injuries um yeah I on motorcycle acent the a couple years ago okay you you all right s not the first okay go ahead and put your hands at your side like this can you look forward for me forward forward you see the tip of my finger Laura you're going to follow that with your eyes only okay not your head do you understand okay you understand yes yes good put your hands at your side just witht your eyes okay don't move your head well now I move my hands a W 157 I 46 860 un silver Honda so much did you have to drink tonight Laura I have it you're lying to me be honest this isn't the first time I've done this how how much did you have to drink tonight I sir okay so if I bring out a portable breast lizer you're going to blow zeros yes sir 100% 100% sir I don't think so okay so I'm going to run you through are you good are you good with these uh boots do you want do can you do walking a turny one leg in these boots honestly I've been to an uh motorcycle accident recently where not able to okay to try how how long ago was it so just a few years ago yes so you're not healed 100% no sir okay so if I do the portable rest lier you're willing to take that no cuz you've been drinking why would I cuz you've been drinking though cuz you're lying to me okay so did you want to try the walkin turn or you don't want to do that at all did you want to stay in those booths what's the best thing you would recommend I cannot recommend it's your choice you know your body more than I do so I just met you so I don't know I I can't so I'm giving you the option to take those off or keep them on what do you want to do um let me fix my unit think about it just for a second and then I'm going to do a little bit no stay right there go ahead and come over here well in New Mexico go okay Laura so I'm going to be honest with you okay I've done a lot of DWI investigations you know what alcohol smells like it it still smells like alcohol talking to you here okay so I know you you've been drinking I'm I'm very certain of that okay so how much did you drink tonight nothing okay all right so you want to stay in those boots um yeah it's B okay we'll do this part and then I'll I'll I'll do some other ones here in a second so go go ahead and stand right here right there you see where my light is right there I want you to back up and stand right there for my light is shining um I'm going to refuse it until I talk to my lawyer okay so you don't want to you don't want to do any of this at all I don't I'll refuse until I talk to my lawyer okay so this test has nothing to do with talking to a lawyer and and I'm going to read you some stuff here in a second but you don't want to you walking turn or one leg down none of that um what part because I know you're impaired okay so I want to make sure that you're all right to be driving right now I don't think you are okay so I'm going to I'm giving you the option to perform these tests that have been scientifically proven okay to see if you're all right to drive okay do you want or no um it's cons are what so we're not there yet either you want to do it or or do you not thank you rather talk to my lawyer and my sister and okay so this part has nothing to do so you're you're you're a grown adult grown woman right you decided to get behind that wheel okay you you took ownership of that vehicle all right nobody made you drive you decided to drive Okay the reason we're here is because of you're driving all right and then I'm seeing some other things when I went to the driver's side door I could smell little alcoholic beverage your sister's pretty wasted I can still on you talking to you right now okay this is the first time I've ever met you your speech is a little bit SED your eyes are blurry you're having a little bit of trouble like walking out and stuff um you know so that's why we're here okay so do you want to do these tests or do you not and what's what's a point of so I'm giving you the options so we can see if you're all right to drive okay so what's the um options when you don't even understand like so right now we're we're I'm asking you if you want to perform these tests and that's where we're at so yes or no what could you tell me my right to upon it though so the yeah I know so we're not there yet so so there are steps okay I can advise you talk I'm sorry I'm not trying to disrespect you in any way and I'm try I'm not trying to either Laur okay okay so I'm I'm I'm letting you know what I can tell you okay I can't advise you on talk to you so let me tell you okay let me finish I can't advise you on let me tell you okay let me tell you okay so I can't advise you so I'm giving you the option to take them okay all right it's your choice I can't advise you whether it'd be your benefit yes or no cuz that's giving you legal advice and I can't do that I'm not a lawyer all right I feel you okay okay so and we're not at a point where you're able to call laer and stuff that's not where we are okay buit I know right it has nothing to do I'm going to so do you want to perform these or not I'm going to take it as a refusal that you don't want my lawyer how I don't have no rights we're not so we're not there I didn't say you didn't have no rights we're not there at that point okay I'm not trying to disrespect you but I don't so laer Laura I'm I'm telling you okay turn CA it's on 100% the my recording this is recording we've been recording the whole time been recording since I when I turn on my lights to pull you over when I went to your door we've been recording the whole time okay what's that all about what do you mean what's that like about this is my flashlight we're here in the dark that so this is showing you that we're recording I'm putting my light on my lapel where we are okay okay all right I'm just so I'm just GNA ask you trying to be rude or anything like I'm just asking okay I don't find you disrespectful at all Laura I'm not being disrespectful to you time do you want to perform these tests and what's what's about so I can still smell the old of alcoholic beverage coming from you as we're talking okay I've done many of these investigations all right what you're doing right right now like it's pretty much a refusal it's it's if you're not drinking I've had many people where they've done fine and then they just went home okay so it's a test that's been scientifically proven okay we have to administer it in a certain way well we just did a test okay we did uh we did horizontal gaze and segments is what we did and from what I'm seeing it's brought us to this next part okay okay so I'll instruct you I'll give you the option and then we'll move on from there okay so can you picture a straight line from where you are towards your vehicle there can you picture a straight line 2 in about the width of your foot well it's kind of it's kind of close to the to the side and I don't want you to fall off so can you picture a straight line from here this way 2 in about the width of your foot okay can you put your left foot down on that line no no no go back over here Laura okay okay so put your left foot down on that imaginary line and your right foot in front of your left H to and your hands at your [Applause] side I think wa I okay can you do that Laura no not really okay so I'm not asking you to walk I just want you to stand with your left foot down on that line and your right foot in front of your left like this and your hands at your side that's where I want you check this out like I've been I where have proof to where I've been in a in a in a bad injury like okay so what's your what's your highest level of Education Laura I'm not trying to assult you what's your highest level of Education uh fifth grade okay so you know your ABCs and your numbers um not not any let's let's come over here by my honestly don't so you don't know your ABCs or your name so you can't you can't say your ABCs from the letter D to the letter s for me no no you refused to do that no it's not what I refuseed to do can't do it can't how can you not do it because I've been so asking hurt in my mind where I have medical conditions right okay all right so you're going to be placed under arrest or driving Under the Influence intoxicating drugs under liquor okay so I'm just drugs Endor drugs Endo liquor I'm going to read it to you so you fully understand okay okay go ahead and step forward a little bit [Music] all right listen to me I'm about to tell you something important okay you're being place under arrest or driving under the influence of intoxicating drugs and or liquor the New Mexico implied consent act requires you to consult to the New Mexico inite 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 test you have the right to a reasonable opportunity 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 a law enforcement agency you agree to take our test no okay I cannot force you to take our test but if if you refuse you will lose your New Mexico driver's license or non operating privilege for one year if you are convicted in the courth driving under the influence you may also receive a greater sentence because you refuse to be tested do you understand you understand that so we're not so let me read this next part too your right to speak to an attorney or remain silent does not apply to the requirement in Mexico law that you take a breath test do you now agree to be tested I the right to sign okay so you're not listening to this part 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 okay I consider your actions a refusal to be tested okay Laura do you have anything on you little pockets or anything anything else going to poke or PR me no is this like your what is this I don't think that will let let us take it with this always always how many times have you been arrested look at your record here shortly so okay I'll take it with me for now but okay they're not going to take it in there do you just want me to leave it in the car pleas you can thank you yeah I'll leave it in the car cuz I know that stuff give to my sister put know what's going on yeah I'll grab your phone I'll tell you your phone you want me to get it or no you want me to leave it open your mou open your m mouth stick up your toong I got to make sure you don't have anything with you you're being arrested okay so I don't open your mouth no I'm being recycle too you got to help me out too okay I too but like all right I don't trust anybody oh I don't trust you either I'm not like so you're going you're going with me okay you don't have anything in your in your bra or anything no sir so stick out your tongue like that and know why do you be what's so hard about that do you have something in your mouth it kind of worries me that you don't want to do it so I've never had anybody not do it not not do that okay so again we're going to be recording the whole time okay you're you're going to be totally safe but you're like you're you're not being argumented but you're not being very helpful you know what I mean do you have anything in your hair yeah let's go this way see on the on the road so you don't get off curve we're going to go to the end of the door and then I'll open upang okay I got you I'm not going to let you fall back thank you me back I'm going to reach over you just to buckle you in what's your sister's name you don't know what your sister's name is going to be left the whole way Jesus 5 me 1015 1047 at 1041 by watch at 0 sorry 02 0 hik can s red verbally decline decline fi Alternatives assign a case number roll 46 there's another 41 in the vehicle just kind of not kind of just passed out ma'am ma'am ma'am yeah you have somebody that can come get you hey do you have somebody that can come get you what do use your your sister have a phone anywhere where is it what's your name what's your name Iris Iris okay listen up Iris this car is going to get towed your sister is getting arrested or that she really is your sister is this your your purse or hers call somebody Iris where's her phone where's her phone Iris you're not listening I need you to wake up Iris Iris so you're giving me a phone number but I'm not asking for a phone number get your phone and call somebody to come get you where do you live Iris huh Iris the street where down the street [Applause] get your your cell phon you can call somebody where's your phone is it in your purse or where is [Applause] it you want me go that side and see if we can see it [Applause] I don't know where your sister's cell phone is but it's not here whose car is this hers or yours mine it's going to get towed cuz you're you're both drunk she's just less drunk than you can't be drinking and driving I that's not the way it works where's her cell [Applause] phone I don't see a phone at all Iris you need to wake up and call somebody to come get you [Music] [Applause] [Applause] [Applause] there's no keys there Iris I got them I know where's your cell phone I'm doing that cuz you're [ __ ] like searching my car I'm not searching a car I'm looking for no I'm not so it's called an uh an inventory inventory just to see just to make sure that everything you're [ __ ] searching hey don't talk to me like that all right I'm not talking to you call somebody to come get you am we're on the corner of Broadway and San Jose just north of bridge I mean South of Bridge oober [Music] D neither one of them can talk very well she's more kind of argumented well just her and this one okay send it um I'm trying to get her to call somebody but she can't even find her phone she trying to use her watch to call somebody [Applause] everything yeah yeah she so she was stocking up on like when I was uh there on bridge going West and then when I came here she kept on stopping and roadways and then going so yeah do yeah but I was just going to say uh like we can both stick around so yeah did you want to blow or no come on now did you want to blow in this the same reason why you don't even want to ask your mom and concern I'm I check what she has and stuff why you don't know why your mama has type what type of Diabetes I know she has diabetes that's all what type does she have how could you not know why do I need so hurtful I feel so bad for her how do you feel feel bad for her I call her every day and make sure she's all right but she don't even know what type she has I make sure she's all right unless she that's what she needs for her that's you have the option to you want to do you want to blow or no do you want to call your mom and ask her what day I'm fine what type do she have I'm good I have a great relationship with my mom then why would you even talk to me about it when you don't even well I'm just letting you know like what you know you're not down you're not down a good road different people but yeah I'm just so I'm going to let you wear your jacket up all the way up to MDC we get up there I'll uh pack you with your stuff okay okay I won't talk sh I I I'll say a prayer for you too do you have any anything else like on you that you need to take off that they're going to find up there do all your piercings come out no they don't OB they don't so you don't have this earring this earrings I'll have you take it off in a little bit have my earrings on my ears they come off we'll put them in a little bag for you so that you get them when you get release do you have any other jewelry on your hands or anything n you don't have anything else that they're going to find up there when they scan you in or anything no like what I don't know anything you can't have anything you've been in there before so you know is there any conditions that you like we find all about your parents oh you don't have to worry about them I have agree they still parents to worry about what's well I have to I I'm responsible for you take there responsible for you either so I have to take you up there and make sure that you don't have anything I'm just responding to you like way you're responding to me I what you say my is over here like I'm talking to you what else do you want I'm responding to you no I'm I didn't even ask a question yeah you just did so you don't have anything else yeah see you just what else do do you what else do you have no I said no okay so we get those and then you don't have anything in your shoes no you take them [Music] off I'm not drunky I'm not I'm not well you're okay but I don't even know what type of Diabetes my mom has he's really bra if can not done make sure to check your youu oh don't even talk to me about that you need to use the restroom let's get up so you can use restroom good set up turn around please yeah let's go this way walk to the entryway on your left I'm not going to go to the bathroom unless a woman watches me we don't have a woman available so you're going to watch me no I'm not going to you the door you can close it behind you over here go over here to this right here have a seat on this Venture are you right time will you be able to use the restroom again up there at NBC you have to do a cuz they have to do a pregnancy tests