[Music] how are you I'm good how are you good you know I'm stopping you I'm not exactly sure you got no lights on oh I'm so sorry do you have your driver's license I do 545 Sun traffic almost in 12 with a black Toyota unknown [Music] 28 do you not know where it's at I'm so sorry oh it's right here sorry how's the night going it's going well going home right now where you headed to man my house your house coming from where uh work what's that my work oh nice where do you work I work on campus okay you and him yes sir is this your car yes ma'am yes sir I'll look at your registration your insurance also I just got this car from my Grandma so I'm just trying to make sure these are the right yeah my registration is occurring how do you say your last name IL I've never heard that before it's a little bit rare I'm going give this one back to you sure it's insured and everything yes sir okay man I'm going to have you step out we'll go right back here okay what do you do on campus um I actually work at my architecture it's called the fabrication lab okay so what we do is we schedule appointments and everything like that we also do um it's called Safety routine so we do peel for the wood shop for the fabrication lab in the metal shop things like that cool real quick man while I'm standing at that car door I smell alcohol M how much have you had to drink today nothing nothing at all no any reason I can smell alcohol I'm not sure I'm not sure no reason okay everything's fine thank you I'm just making sure as a black woman okay you're good thank you you good bro I don't know all right I'm just making sure I appr it so any reason I can smell alcohol um I'm not really sure there was a banquet tonight um not really related to the architecture department but there was one and things like that involved okay did you consume any alcohol no I did not not even one drink no okay any marijuana usage tonight no okay uh I'm going to check you just to make sure your eyes are red and watery okay you say you haven't consumed nothing at all no you're not content to aarch though I'm not searching anything I'm just going to you probably that I can smell alcohol Mexico though I can smell alcohol okay that's you're driving without your lights on which is a very heavy indicator of an impaired driver in New Mexico and I can smell alcohol okay there's an open bottle of wine sitting on the floorboard it's not open there's no contents in it so what would that mean it's not there are contents in it I'm sorry okay so it's half open half half gone no so then what is it full okay it didn't look full to me so you can't say that it is completely UNF okay okay regardless I smell alcohol okay your driving behavior is a little unsettling with me that you're going down the street without headlights on okay I just want to check your eyes I want to make sure you're safe to drive check my eyes Sir as soon as I determine you're good to go you can't breath FES me without my permission no consent have I asked that I mean you have you can but have I asked that question you can go ahead ask I haven't so I don't know why you're jumping to conclusions but why would you ask me to check my eyes that's such a strange thing to ask because I can smell alcohol check my eyes Sir okay I'm going to take your hat off place it right up here for me and then have you stand in front of my car stand with your feet together toes touching facing me toes touching yes sir Arms by your side perfect do you have contacts in your eyes right now um I don't believe so no any recent head injuries um maybe I'm asking you do you not know I mean not documented but I could have okay what kind um minor concussion possibly how long ago two to 3 weeks okay any long lasting effects did you go to the doctor I don't believe so okay the doctor what's that not besides the doctor's appointment okay so I'm looking at your eyes I see equal siiz pupils okay which is a pretty clear indicator that there's no active concussion going on right now any other injuries I need to know about any reason you're so apprehensive with me right now I just kind of feel the same uh apprehensive Vibe for me I'm just doing my job okay you're driving down the road with no headlights I've seen multiple cars flash their lights at you trying to get you to turn them on and when I came up I just pulled I had actually just pulled out of a gas station and my lights don't automatically come on at night okay I got you well with that on top of the alcohol bottle on the floorboard the smell that I'm smelling I just want to check you to make sure you're safe that's it okay I'm going to have you you focus on the tip of my finger throughout this test I don't want you to move your head any reason you don't proba will cause for alcohol consumption I don't know what you're asking dude I'm not asking anything what are you saying I'm saying that I'm going to walk back to my car and that you cannot say that I have done anything wrong okay I can smell alcohol it's on your person it's in your vehicle right now your eyes are red and water you're telling me you haven't consumed any alcohol the second I pulled you out you actually had a tear coming down your face okay that's how watery your eyes are because I was worried and that's fine you can be worried did you not see my hands in the air but right now what I'm asking is just to check you to make sure you're safe last thing I want to do is be out here if I walk to my car am I going to be safe no right now you're not free to walk to your car right now me and you are having a conversation why is that am I under arrest you're not under arrest but you're being detained then why can I walk not walk to my car because right now I'm being detained I'm doing a possible DWI I'm being detained for a possible DWI uh investigation sir see that is what is worrying do not understand why that would be worrying I'm worried too you're driving on the road no lights that is not a crime that is an accident how do you think accidents happen I've seen people driving with one headlight out all night okay and you have zero headlights or tail lights my headlights work though sure can I prove that that's you I'm not asking if they work or not I'm telling you the reason I stopped your vehicle I'm smelling alcohol I'm smelling it inside the car all I'm asking you to do is check your eyes as soon as I do that dude not even going to give you a citation I'm going to give you your ID back and you're going to drive away that's all I want to do okay so just focus on the tip of my finger without moving your head just follow my finger with your eyes and your eyes only me do you understand any questions no okay see my finger follow my [Music] finger [Music] CL outb taking a b this one's going to go up so let's start over man how much have you to drink today nothing nothing at all no sir why can I continually smell alcohol on you as we're speaking right now I was around it sir I can't really explain anything besides that okay when you say you're around it what does that mean I mean it was a banquet style Forum like I can't explain much more than that okay were you a bartender were you a server were you just there as a patron um I I wouldn't consider myself a server but I mean I kind of do work there in the sense that I'm catering to them in a sense like I'm telling them about what we do and stuff so I'm around the people that work there got you and the bottle of alcohol where did that come into play tonight it was from there it was from there yes sir and why would you have it if you haven't consumed any of it my friends were there so why would you have it though that's why I'm asking you they gave it to me and you haven't consumed nothing no sir not yet I did plan on make that okay how much of that bottle is gone um maybe 34s 34s it was it was like that they could not have given me a bottle that was full okay um when was your last drink would you say I have not had anything to drink nothing at all no sir why am I detecting it on your breath as you speak with me right now it's not in my breath sir I can smell it man I smell what I smell okay I can't give Credence to what you smell SM I could be smelling from my person literally as you speak with me it's on your breath as we talk that I can smell it coming from my person too okay I'm just asking man right now I told you I'm just checking on you to make sure you're safe to drive down the as soon as I I appreciate that sir okay but I can also smell it coming from my body it's coming from your breath not your body okay I'm not exactly sure how you would be so how many drinks did you have tonight dude none nothing at all no sir okay we're going to continue on with testing all right man I'm going to have you face your vehicle sir stay right there you can't continue to test me without cause I have consented to your eye search mhm I'm not searching you um any yeah any what have I searched what have I searched so far um you're asking me to perform things for you that's a search of it's not a search that's why mirando advisory doesn't apply to standardized field spry tests okay they divided attention test to prove that you're sober enough to drive a vehicle okay all I'm asking is just to check to make sure you're all right that's all I'm asking what are you going to what are you testing with I'm going to ask you to do some walking and some turning tonight okay so will you stay right here face your vehicle I'm going to have you imagine about a 4in wide line okay that 4in wide line is going to extend from your right foot it's going to go completely straight to the back of your vehicle to the logo yes sir can you imagine that just a straight 4in wide line no problem is it Like A time test or I'll I'll give you the instructions for it but right now I just want you to picture that line do you have any injuries to your feet ankles knees anything I need to know about uh no really okay do you feel comfortable in those shoes yeah okay what I'm going to ask you to do sir is you're going to take your left foot place it on that line just like me go ahead just like this crack no no no no you're going to imagine a 4-in wide line inside your head that 4-in wide line is just going to go completely straight down this road can you imagine it take your left foot place it on that line with your right foot place it in front of your left heel the toe touching Arms by your side heel the toe I'm kind of shaking just because I'm a little a little bit nervous what are you nervous about man your demeanor is kind of a little bit nerve-wracking okay well you've also been very apprehensive with me the entire time dude I'm just becoming defensive in response okay so just how you get defensive in response that's how I get right it's just a human sorry how I'm making you feel but I am feeling very much the same way okay well there's no there's no reason to feel like that no one's in danger here like I said I'm just checking on you making sure you're safe I'm quite literally shaking right now okay I just want to check on you make sure you're safe to drive okay could I like sit down for a second maybe you can hang out right here you can sit on that bar sit right here man yes yes sir why are you shaking so much man I I don't know I've just never been in a situation like this before I don't know okay little be scared what's your highest level education I'm pursuing a bachelor's degree in architecture okay would you feel comfortable doing some alternative tests that don't require walking or turning or anything like that what those require I'm just going to be asking you to do some counting and recite the alphabet backwards nope I can't even do it backwards yeah I know I can't either which is why I know that's like a thing okay I'm just going to be asking you to do some counting and some Alou Rec all I mean yeah if it's like straightforward yeah sure so what I'm want what I want you to do so I want you count backwards from 47 and you're going to end at 3 I just said no I just said I can't do stuff backwards no you said alphabet I thought that's what you meant I'm just going to ask you to count backwards the alphabet will be forwards seems kind of simple I'm for you're going to start at 47 you're going to count backwards to 32 do you understand what I want you to do yeah any questions 47 46 45 43 41 40 49 or 39 38 37 36 35 34 33 32 okay now we're going to do the alphabet forwards you're going to start at start at H and you're going to end at q q repat that H to Q backwards or forwards forwards but I just don't want you to Rhyme or anything like that just say your letters normally yes sir when you're ready I J K L M N O P to okay it's a little bit chilly a little bit do you feel like you can do those walking tests or no I feel like I just completed those speaking tests well I'm asking you do you feel like you could do the walking test or no I feel like it kind of seems like there's not going to be a limit to what I can complete here these are just the tests there's literally two more and this is literally the guideline of standardized SK three I said there's two more you said that you couldn't do the physical test so that's why I did some Alternatives well I'm still kind of freaking out sir I do have a little bit of anxiety so okay do you take prescriptions for your anxiety or anything like that no I kind of don't like to talk about it that much but okay are you under any medication tonight I kind of don't like that kind of stuff you don't take the medication okay so I'm asking you do you feel like you could do the physical test or no does that mean it doesn't exist though don't believe that I don't know what you're saying dude I just asked if you took medication and you said you don't believe in it no I just don't I CU I don't take medication doesn't matter anxiety I'm not saying you don't okay but no I don't feel like I can take a walking test in this condition and what condition would that be shaking because of this test if I could just sit down and then get back to getting home that's what I just did I had you sit down yeah but now I have to take a walking test it's up to you man I just don't know if I can I can try okay that's all I want just try you're going to take your left foot place it on that 4 in wide line just like me now with your right place it in front of your left heel the toe touching Arms by your side do not move from this position it's the starting position use my hands just listen to my instructions don't move from this position until you tell you do anything else when I instruct I just can't do that right now I'm sorry why not I'm just shaking a lot I get your sh shaking I can't do nothing about that that's not really a symptom of alcohol though I'm just really nervous right now okay all right man I'm going to have you grab your beanie you can put it back on your head okay warm up a little bit any problems tonight man ear any problems tonight are you having any physical problems as more I'm just asking you any any physical problems have been hurt any physical ills anything like that no I like nothing at all I burned myself with like a blue gun here so why are you shaking so heavily I'm just really scared of this entire interaction okay well there's nothing to be scared about it's just it doesn't does not make sense to you sir I'm just I've seen a lot of things that have gone down in these situations okay and I just can't really stop picturing those situations well everything's being recorded there's there's no I mean I've been more than decent with you I've had you sit down Rel to do with you sh so it's nothing to do with you at all I promise you I don't know what the issue is it's nothing it's no issue I'm just a little bit nervous okay while I'm telling you straight up I can continue to smell the the odor of alcohol coming from your breath man and you you continually tell me that you haven't drank anything if you told me you could you what you drank tonight I could get a better scope of where you're at to see if you're okay to drive sir I literally don't even drink there's an open bottle alcohol in the floorboard it's not and then you told me that you're you told me that you're planning on drinking it later tonight I plan on sharing it with my mother okay well that's not what you said initially because you didn't ask me initially the entire story of what I plan on doing with you so why can I smell it on your breath as you speak with me you don't smell on my breath first of all you smell on my person okay apparently why would it be on your person because I work in an area that has alcohol okay and you told me that your friends were consuming the alcohol but then they my friends do not consume the alcohol but it's halfway gone it's three fours at best okay I'm telling you straight up I can continue to smell it as you speak so what does that mean sir as you breathe as you're shivering and breathing don't move listen to me sir as you're shivering and breathing I can smell it on your breath as you speak so that's why I'm asking you to do these tests sir I do not consent come here test you're not walking away sir don't walk away sir turn around okay sir sir sir stand on your back don't move sir don't move don't move don't move I'm not moving sir I'm not why are you walking to your car because I'm really just scared of where you're taking this okay I'm not taking it anywhere don't move it feel like I can't make any problem place your other hand behind your back stand up stand up face my windsh do you have anything on you you shouldn't take one step back one step back towards you yes sir wi in your stance anything in your mouth that's it open your mouth look at me lift your tongue you're going to walk around the side of my car we're going just have a second conversation over there have a seat right in here get your feet in real quick you just that get your foot in so listen to me I'm about to tell you something important you're under arrest for driving while under the influence of intoxicating alcohol Andor 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 test you have the right to a reasonable opportunity to Aran 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 Police to agree to take our test I do not consent okay I'm going to take that as a no it's a yes or no question do you agree to take our test I do not consent I'm going to take that as a no again 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 also if you're convicted at court for driving while in the influence you may also receive a greater sentence because you refus to be tested do you understand yes sir your right to speak to an attorney or remain silent does not apply to the New Mexico requirement that you take a breath test do you now agree to be tested I do not consent yes or no I do not consent I will also take that as a refusal go ahead and have a seat get sit back for me scoot over do you have anything you want to go with you a wallet cell phone yes sir where would that those be uh I'd like to grab them myself that's not an option um my wallet would be um I just don't really feel comfortable with you going through my car I'm going to inventory it for the toe vehicle's going to get tow tonight so I'm going through it regardless isn't that that's not illegal though I'm not going to argue watch out [Music] shrooms I want [Music] to [Music] got a whole bottle gone of wine another bottle of wine [Music] some shrooms [Music] what could just 13 laptop in the back [Music] [Music] seat empty backpack and a laptop in the back seat go ahead left