That's correct. >> Step out. Walk over here. I need someone to handle the signal for. This is signal one right here. >> Do you all need to report to you? >> Where's her ID at? Where's your wallet? Signal one. >> It is almost 2:30 in the morning downtown on a busy football weekend. Two cars sit stopped in the road with their hazards on after a fender bender. When the officer walks up, she smells alcohol on the driver. A crash plus the smell of alcohol is what turns a traffic problem into an impaired driving investigation. >> Here with me. All right. You're claiming you've had one glass of wine. Okay. Will you remove your hair out of your face? Negative. Okay. I'm going to check your eyes to make sure you're safe to drive, okay? What I'm going to have you do is follow the clicking portion. See that? With the tip of my finger only moving your eyes. Don't move your head, okay? I'm going to have you have your hands down by your side. Do you have any brain injuries? Any head injuries before tonight? Do you wear contacts? Okay. So, follow the tip of my pen with your eyes and your eyes only, okay? All right. Don't move your head. >> Before any arrest, the officer runs the standardized field sobriety tests. First, the eyes, looking for an involuntary jerk called nystagmus. Then, the walk and turn and the one-leg stand. These are not pass or fail party tricks. Each one is scored for specific clues that line up with impairment. >> Again, how much have you had to drink tonight? >> One. >> One single glass? >> One glass of wine. >> What kind of wine? >> Pinot Grigio. >> Okay. Do you drink often? >> No, ma'am. >> You don't drink often. Let me check one more thing, okay? I'll pick it up in a second. Okay, watch the tip of my finger. Okay. How often do you drink when you do drink? >> When I I mean, it depends. >> Okay. So, how often do you drink? >> Daily. Once a week, twice a week max. >> Okay. You're saying you've had one glass of Pinot Grigio. Where are you coming from? >> My home. >> Why are you downtown? >> I was picking up my roommate. >> Okay. You think you're safe to drive for that? >> Here is the part most people get wrong. The driver keeps insisting it was only one glass of wine. But Georgia has two ways to prove a drunk driving case. One is the number, a point zero eight or higher. The other is called less safe, and it needs no number at all. If alcohol has made you a less safe driver, that by itself is the crime. >> Based on everything, you are not safe to drive and you're being arrested for driving under the influence. >> I told you I had one glass of wine. >> You've had more than a glass of wine. >> I I said still. >> You've had one more than one glass of wine based on everything. So, what I'm looking for in your eyes Listen to me. What I'm looking for in your eyes is called nystagmus and is only present when you've had alcohol, right? Based on your eyes, your weight, you're not safe to drive at this point. >> But I tracked you. >> You tracked me, but what I'm looking for it's not based on if you can track me or not, it's based on what I'm looking for. >> What are you looking for? >> I'm looking for nystagmus. >> And what what did I miss? >> You have nystagmus. >> And what is that? >> It's an involuntary jerking in your eye that you have once you've been under the for driving under the >> But I tracked your eyeballs. >> You didn't track my eyeballs. You tracked my pen. >> Then the officer reads the implied consent notice. In Georgia, just by driving, you have already agreed to a chemical test of your breath or blood. You can still say no, but that refusal carries its own price, a license suspension of at least 1 year, and the refusal itself can be used against you in court. >> minimum period of 1 year. Your refusal to submit to blood or urine test may be offered into evidence at your trial. If you submit to the testing and your results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of 1 year. After first submitting to the closest state test, you are entitled to an additional chemical test of your blood, breath, urine, or other bodily substances at your own expense with qualified personnel of your own choosing. Will you submit to the state administered chemical test of your breath? >> I I like I don't know what to say like >> It's a yes or no question. >> I have a lawyer. Can I like >> It's a yes or no question. >> I need a lawyer. >> If you don't answer yes or no, I'm going to assume it's a no. >> I mean yes, but I need a lawyer. >> Okay, you can get a lawyer. That's fine. But do is it a yes or no question? Right right now, will you do a breathalyzer? >> Yeah, but give me a lawyer. Like I'm not doing anything until I have a lawyer. >> Okay, so I'm going to take that as a no. Okay. Uh we're going to need a next in line. Her friend's drunk. She can't be driving. Will you watch her for 1 second while I get her phone? Where is her phone at? I'm going to take it with me. We're going to have to find her a ride at home cuz she's going to jail. She's under the influence. And she told me that you've been drinking, so you can't be driving. >> No, I I told you >> Right. So, call someone to come pick you up. We're going to have to tow her car. Huh? >> No, I need a lawyer. I'm not giving you anything. >> That's fine. That's fine. You don't have to. >> I just asked for a phone number and she's >> Do you Do you have a phone number? >> Like no, I have a phone number, but not getting any >> She is arrested for driving under the influence, less safe, and for following too closely the crash that started all of this. She asks for a lawyer, but the implied consent choice comes before any lawyer. So her refusal stands. One reported glass of wine, a long night out, and a decision at the curb that follows her for at least a year. >> That's fine.