That's correct. >> Or hang up the call, but you have to get out of the car. >> Hang up the phone. >> It's my fifth amendment. It's my fifth amendment. >> A private school called the police on one of their own teachers saying she was too impaired to drive. She got in her car and drove off anyway. When the officer tells her to step out, she refuses and calls it her fifth amendment right. But the fifth amendment protects you from being forced to say something that incriminates you. It does not let you refuse to step out of the car. Under a Supreme Court case called Pennsylvania versus Mimms, during a lawful stop, an officer can order the driver out for safety reasons. Watch how this plays out. >> Let's just be cooperative and talk to us out of the car as we're asking you. >> I will be cooperative. >> Okay. Okay. >> Yeah, just come back here. Sorry. I'm just hurting. >> I understand your emotional state, but you have to understand that whenever we tell you to step out of the car, your fifth amendment right to is for custodial questioning. All right, let's have a seat over here. Um you have to step out of the car if you don't have like any I request that we just cuz she's getting kind of uncooperative. >> No, I don't think I agree with that. >> Okay. >> Are you sure he wants to go down this >> The officers keep coming back to her eyes. There's a reason. It is called horizontal gaze nystagmus, an involuntary jerking of the eye that tends to show up after drinking. You cannot fake it and you cannot stop it. Crying does not cause it. As the officer puts it, the eyes do not lie. One fair caveat. On its own, it is an indicator, not proof of an exact blood alcohol number and in a Florida courtroom it takes a proper expert foundation. >> Like we know there's something on board basically. >> There's an nystagmus in your eyes that's uncontrollable after you consume alcohol. >> So what did I do wrong? >> So you're operating a vehicle. >> No, but what did I do wrong in my eye test? >> But you didn't do anything wrong. It's an involuntary motion. >> Hey Cathy, this is Officer Miller with the Clearwater Police Department. Um hey, so we're out here with Lauren. Well, she got pulled over just after she left the school. Now, were you or someone the folks who flagged down an officer working across the street at the church to tell them that she needs to be stopped, she she shouldn't be driving? No, no, I'm on the side of the road. She's talking with them. >> The field sobriety exercises are not really a test of balance. They are divided attention tests. Can you follow a set of instructions and control your body at the same time? Watch how the simple act of walking a straight line and counting out loud starts to come apart. >> 6 1,000, 7 1,000, 8 1,000, 9 1,000. 10 1,000, 11 1,000. 12 1,000. I'm sorry. I told sheriff that I just had a seizure on Friday, so I'm a little bit off balance anyways. >> Do you want to try it again? >> I will try it again. >> Okay. Let me restart my clock. Do you need the instructions one more time? >> No. >> Okay. And may begin. >> 1 1,000, 2 1,000, 3 1,000. 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000. Yeah, I'm hurting. Okay. 1 1,000, 2 1,000. 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000. >> All right, you can stop, Ms. Lauren. Okay, you can go and put your shoes back on. >> Okay, so if I don't take my pills tonight, what happens? >> This is the most important moment in the whole stop. When you got your license, you already agreed to take a breath test if an officer lawfully arrested you for driving under the influence. It is called implied consent. Refuse a first time, and in Florida, your license is suspended for 1 year. And under current law, that first refusal is itself a crime, a second-degree misdemeanor. The refusal can also be used against you in court. She refuses anyway. >> That is fine. Let me finish. For refusing to submit to a lawful test of your breath, urine, or blood. Additionally, if you refuse to take the test I have requested of you. And if your driving privilege has previously been suspended, or if you have been previously fined for refusal to submit to a lawful test of your breath, blood, or urine, you will be committing a misdemeanor in addition to other penalties which can be imposed by law. Refusal to submit to the test I have requested is admissible as to evidence in any criminal proceeding. >> I haven't done anything for 11 years. >> Okay. >> So, this was something that happened 11 years ago. So, and I did everything I was supposed to do. >> you. So, do you have a previous DUI? >> Yes, and I and I went to jail for eight weekends to get it off of my record. >> Okay, but just understand that this is then or this is that's then and this is now. >> And if you refuse to take the breath test right now, >> then suspend my license. Now, please take this off of me. >> Your handcuffs are not coming off you. Okay. >> You're going to jail. >> Okay. >> You're going to get a DUI. You get You understand that. You'll be there for 8 hours. >> At minimum of 8 hours. >> Minimum of 8 hours, okay. >> And your car >> right. >> And your car is going to be impounded. >> Then they search the car and find six bottles of vodka and a stack of cups. She blames her ex-boyfriend and says none of it is recent. >> My ex-boyfriend >> So, the officer points to the cups and asks one simple question. >> I drink >> Whose DNA is on these bottles? Watch how fast the story starts to change. >> I don't even know what's in my trunk. >> Why is it in your car? >> He's putting things in my car because he moved me out. >> Okay. >> And >> Do you drink in your car? >> I don't drink in my car. >> Cuz you have a bunch of cups in there, too, that you drink, you know, this vodka with. If I check DNA on the lips of these bottles, what's it going to tell me? >> I mean, it's going to be me, but it's not recent. >> Okay. >> My ex threw everything that he found in his house. He threw it in my car. >> Did you have vodka today? >> I didn't have vodka today, no. >> Okay. When did you have vodka? >> I haven't drank since my seizure. >> Okay. >> Which was on Friday. >> Okay. That's in her history. Uh I do want to check David real quick. Cuz David will usually at least tell you if there's a one prior. >> Uh let me just see where I'm at. >> Sometimes when you run to like the street you try to back it up with like something below that you can see on the >> And now, far too late, she wants the breath test she already refused. It does not work that way. Once you refuse, that refusal is locked in as evidence, and the penalties still apply. You cannot unrefuse your way out of it. In the end, she admits she relapsed earlier that day. >> I'm sorry. It's just >> the question for you. Did the officers handle this the right way, or did anything they did cross the line? Tell us in the comments, and the full case file is linked below. >> Yeah, I just changed it to that. >> Okay. No, this is like you're wasting like taxpayer dollars. >> Oh. >> Are you going to give me a >> Because if someone like me >> What's your TTY number? >> Like an educator >> I'm going to help. >> who's having a bad day >> What's your phone number? Oh, I'm sorry. It's 5935. >> Let me blow then. Why why put me in jail? >> Okay, well well the thing is you're going to be transported to jail regardless. >> But it doesn't make sense. If I'm not doing anything >> You're exhibiting clues of impairment, okay? >> I can't >> not be driving a vehicle. >> I can't >> 99,000. Oh, yeah, 99. >> Then let me blow, and you'll see where my limit is, and then we should be able to move on from there. >> Okay, what do you think your limit is? >> If it's below a 0.08, then I'm fine. >> Okay. All right, so so you want to do the breath test? >> Then I'll do the breath test. >> Okay, we'll do that. As soon as this car gets picked up, then we'll go to do the breath test. That's fine. >> But take my purse off the top of the car, please. >> That's fine.