This girl was caught speeding, doing 70 in a 55. She was rude, >> talking over me. I'm trying to answer your question. >> I'll stay quiet. >> Very hard for me. >> Okay, but I don't understand what I did wrong. >> Well, ma'am, >> refused every test. >> I would like to call my mom. >> Are you willing to do these exercises? >> I don't want to. >> And when her friend pulled up to check on her, the cop arrested her, too. Why do you have an odor and alcoholic beverage on your breath? >> Mom, he's trying to say I have alcohol in my breath. I'm talking to my lawyer, who's my dad. >> Morning. >> Hi, sir. Officer Police Department. >> Okay. >> Ma'am, do you have any idea why I pulled you over? >> No idea. >> There's a couple reasons. All right. First off, do you know what the speed limit right here is? >> 70. >> No, it's only 55. >> Okay. >> Do you know how fast you were going? >> No idea. >> I got you at 76. >> Okay. >> Okay. Second off, it's it's night time and I don't know if you noticed your lights are turned off. >> I have no Well, I turned off my car because you were coming over here and I put my hands up here. >> No, that's part of the reason I stopped you is because your lights are are turned off. Now, is there a reason you were following that vehicle in front of you so closely? >> Yeah, that's my best friend. We were just going home. >> Okay. How much have you had to drink tonight? >> Not a lot. >> How much is not a lot? >> Like a drink? >> Just a drink? >> Yes. >> What was it? >> A beer and a drink. >> Just a beer. >> Yes. >> Okay. Will you step out of the vehicle for me? >> Close the door. Just stand right over there so you're not so close to the street. Okay. I'll be right back with you. 681. It looks like their friends are wanting to pull up next to us. If you can serve me a 54. Are you stand right over here for me, ma'am? >> Yeah. >> Right. Right here where my light is. >> Stay in your vehicle. Stay in your vehicle. Don't come out here on the interstate. Stay in your car. >> All right. The reason I'm asking you to step out of the vehicle is based on your driving and some observations I'm making while speaking with you. >> I have a little bit of concern about your sobriety. I want to ensure it's actually safe. >> Yes. Okay. >> After a beer. Okay. >> But sometimes people tell me that and it's true. Sometimes people tell me that and it's false. >> My uncle was a cop. I understand. >> It's my job to discern what's true and what's% I'm going to be respectful. >> So like I said, the reason I asked you to step out is so I can ensure it's actually safe for you to be driving. >> Okay. >> Okay. Now, do you suffer from any medical issues I might need to be aware of? >> Just anxiety and depression. >> Right. When what I asked you was, does that medication have have warnings on the label about consuming alcohol? >> I mean, it says cause dizziness. I mean, I don't read into it. It just says I mean >> I don't know what exactly says on the bottle. >> So you don't know of any warning on it that says don't drink alcoh >> I mean but I'm not I'm not drunk. I drank an angry orchard. >> I was just asking a simple question. >> I don't know sir. I said I it causes dizziness. That's all I know of it. >> Okay. All right. Now one of the things I'd like to do to help me determine your sobriety is check your eye. >> Okay. >> Is that okay? >> Yeah. >> All right. Just stand right where you're at. >> Is this like a sobriety test? Cuz I don't agree to that. Did you hear that? Hold on. All right. Well, I can't force you to do anything you don't want to do. >> Okay. But >> I'm just telling you >> I have to let you know that this is part of field sobriety. >> Okay. >> Okay. I I didn't pull you out of the car for no just no reason. Okay. This is >> design. Yes, sir. >> Let me finish. >> Yes, sir. >> All right. This is part of the the exercises that help me determine whether you're impaired or not. >> I was just asking if this was a DUI or not. >> You keep you keep talking over me. I'm trying to answer your question. >> I'll stay quiet. >> It's very hard for me to answer your question. Keep talking over me, sir. Okay. So, like I said, I have some concern about your sobriety. >> Okay. And these exercises are designed to help me determine whether you're impaired or not. >> Okay. >> Okay. >> I don't arrest everybody that I investigate. >> Okay. >> Okay. But if you refuse to do those field sobriety exercises, I then have to make a decision whether you should be arrested for a DUI or not. >> Okay. >> Based on my observations so far. >> Okay. >> Okay. And if you were arrested, >> Yes, sir. >> the fact that you refused to do those field sobriety exercises >> could be used as evidence against you in court. >> Okay. >> Okay. At this point, I'm asking to check your eyes to help me determine your sobriety cuz that is part of those field sobriety exercises. >> Is there someone coming? >> Yeah, this is my backup officer. >> What's his name? >> Hello. What's your name? >> Okay. >> All right. So, is it all right if I check your eyes out? I'll be determined to ride. >> Can I call my mom before I do all this? >> No, ma'am. This is You're an adult. >> Okay. I'm asking you to >> Yes, she can check my eyes. >> Okay. All right. Can you see the light I'm holding in front of your face? >> Yes, it's red. >> Okay. That was going to be my next question. Here's what I want you to do. I want you to look at that red light. Follow the red light with your eyes only. Yes, sir. >> Keep your head completely still. You understand? >> Yes, sir. >> All right. Try not to move your head. I need you to keep your head completely still. Let's try that again. >> It's hard when you're in the flash. >> All right, you can relax. >> All right, ma'am. Listen, I'm seeing what what's called six out of six clues of impairment during that that horizontal gaze and stagnance exercise. Okay. So, I'd like to continue my investigation and ask you some addition what that means. >> Okay. Yeah. Horizontal gaze estagmus is something caused by uh CNS depressants or central nervous system. It's your eyes are displaying >> my eyes are what? I follow attributes of of >> how can someone not be nervous when they're you ask me a question. I'm trying to answer it. >> Okay. But I don't understand what I did. Well, ma'am, >> it's giving me like I've taken I've taken literally hundreds of hours of of courses on DUI and you're asking me to explain it here in a couple of seconds and I'm trying to but you keep talking over me. >> I'm not talking over you weren't even speaking. >> Okay. Well, in any event, I'm trying very respectful. I understand my uncle's a cop from Bokeh. Like, I understand it. >> Let me know when you're done and I'll continue. All right. All right, as I was saying, I'd like to continue my investigation and ask you to perform some additional field sobriety exercises that would consist of you walking a line and standing on one leg. Do you have any injuries or physical defects that would prevent you from being able to walk or stand on one leg? >> Do this. >> All right. Are you Are you declining to perform those heel toy exercises? >> I'm just I don't understand why. Like I'm not even >> Because I think you might be impaired. >> I'm literally freezing. Like I don't understand. I would like to call my my mom. >> All right. Are you willing to do these exercises? >> I don't want to. No. Go ahead and turn around. Put chains behind your back. You are under arrest for you. >> Why? >> All right. Because I think you're impaired. Okay. Now, >> so if I do these, then I'm not arrested. >> That's not what I said. Now, okay. I've given you the opportunity to perform the exercises. You don't want to do them. I'm not going to force you to do them. Okay. Now, >> I'll do them. If it doesn't cause me to be arrested. >> Now, your car does smell like Is there anything in the car that I need to be concerned about? >> Not that I don't get a smoke shop that I'm 21 on. >> All right. So, the next part of this process, I'm going to take you down to central breath testing. I'm going to give you an opportunity to take a breath test. >> I don't want to do that. >> Oh, okay. All right. Well, there are consequences to refusing the breath test. I'll explain those to you here in just a moment. >> Yeah, I'll grab your phone for you. >> Okay. >> All right. Step right over here for me. I'm now requesting you submit to a lawful test of your breath for the purpose of determining its alcohol content. >> Do you understand what I've just read to you? >> I mean, can I read it for myself? >> This is what I just read here. >> So, if I refuse to do this, my license is suspended. >> Correct. >> Okay. So, that means >> Do you have any questions about >> Do you have any questions about the warrant the warrant? >> So, like what about like um driving to work? >> I'm sorry. What about driving to work? >> Your license would be suspended. That means >> So I can't go to not I can't go to work. >> If your license is suspended, that means you cannot legally drive. >> Not even to work. >> If your license is suspended as you cannot legally drive. >> I'm asking you. >> If your license is suspended, that means you cannot drive. >> I refuse. >> Okay. So, you have any questions about the warning? >> I asked you. You need an answer. >> I answered your question. Yes, ma'am. >> Keep repeating the same answer. >> Correct. >> So, it's a yes or no question. I can't drive to work. Yes, >> you cannot drive. I cannot drive to work. >> Okay. All right. If you change your mind, let me know. >> Okay. So, I asked for my body cam. I asked for a question and he did not drive >> to work. To work. Can I ask that guy? >> If you're going to work, are you driving, ma'am? If you're going to work, are you driving? >> Would you like to give her friend an opportunity? >> Then you cannot drive. >> Okay. >> All right. What's that? >> Would you like to give her friend an opportunity to talk to her or No. >> No. She's being she's being ridiculous. Your friend's being arrested for DUI. >> A DUI? Yes. Is there any way that I can say like a couple of words to her really quickly? >> No. >> No. >> Okay. >> And her car is being towed. Do you know where? >> How much have you had to drink tonight? >> I have not had any. I'm I'm shiver. >> Why do you have alcohol an odor and alcoholic beverage on your breath? >> Mom, he's trying to say I have alcohol in my breath. I have >> Well, you do. You're sitting here talking in my face and I can smell the alcohol on your breath. Tell you what, ma'am. You step right over here for me, ma'am. >> Ma'am, I'm speaking to you. >> Excuse I'm talking to my lawyer, who's my dad. Give me one second. >> Well, right now you're being detained for a DUI investigation. So, step over here to my vehicle. >> Sir, I have not step right over here. Ma'am. Ma'am, you need to step right over here. >> Thank you, sir. I'm okay. >> Okay. I just explained to you you are being detained for a DUI investigation. >> Okay. So, step right over here. >> Something wrong. I was just trying to follow my friend. >> Actually, your friend was following you. >> Yeah. And I >> step right over here to the front of my car. >> Dad, what is >> So, I don't want you to be so close to the roadway. I keep >> I'm sorry. >> Step over here. Okay. The reason I'm speaking here right now, okay, is I I suck your friend for speeding, tailgating, driving. Okay. She was right on you, so you were speeding as well. Okay. You decided to interject yourself into this traffic stop. And while speaking with you, I'm noticing you're sluring your speech. You have bloodshot, glassy eyes, and you do in fact have a strong odor of an alcoholic beverage on your breath. Okay, you can deny it, but you do. You're also wearing a club uh a club admissions wristband on your right wrist. So, one of the things I'd like to do to help me determine your sobriety is check your eyes. >> So, I refuse any test. >> Okay. Well, if you refuse to do any kind of field sobriety exercises, I then have to make a decision of whether you should get arrested for a DUI or not based on my observations thus far. >> Okay. I have to let you know that if I do arrest you for a DUI and you refuse to do those field sobriety exercises, that refusal can be used as evidence against you in court. >> Yep. >> You understand that? >> Understood. >> Also, if you do field sobriety exercises and you do not display signs of impairment, I would not arrest you for a DUI. >> Understood. >> Okay. Because I don't arrest everybody that I investigate, contrary to popular belief. Do you understand all that? >> Under. Okay. So, I'm asking you right now if I can check your eyes to help me determine your sobriety. >> No, you cannot. You're under arrest for DWAT. Put your hands behind your back. >> Dad, I'm under arrest. So, please [ __ ] call anything. >> All right, ma'am. The next part of this process, I'm going to take you down to central breath testing. I'm going to give you an opportunity to take a breath test. >> Okay. Are you going to take the breath test? >> You're going to refuse? Okay. There are consequences to refusing. Okay. Step right over here. Wow. For somebody who hasn't been drinking, you sure do reek like booze. Go ahead and have a seat. >> I will get my phone, right? >> Yep. >> He's trying to say I have alcohol in my breath. >> They were both charged with driving under the influence and breath test refusal, and the first driver's case is still ongoing. The second driver entered a no contest plea and her charge was reduced from DUI to reckless driving and she was sentenced to 75 hours of community service, 12 months of county reporting probation, suspension of her driver's license, no early termination, attend DUI school, cannot visit locations whose primary source of income is from the sale or distribution of alcohol, and many other obligations.