Hello, ma'am. >> Hello. >> Officer Willis with the Roswell Police Department. >> Hi. >> So, the reason I stopped you is because of your tail light. >> Yeah, I see >> I came to come pick my cousin up from the bar. >> Okay. >> I have already ordered my tail light. >> Uh-huh. >> I ordered it from z1parts.com. >> Okay. >> I know it is not um compliant, but there's other things and I'm up to do for me. >> Okay, your temp tag showing expired. >> What do you mean? >> Well, it just expired the 14th of this month. >> It shouldn't have. >> Yeah, you can come look at it if you want. >> I just got I just got this car like >> 314 2025. >> They haven't They haven't called me to tell me to come pick up my new one. >> Okay. >> Because I got this car right here on West Second from your Bridget Ford and Trucks. >> Okay. >> I have some drinks. Uh also it's >> You haven't been drinking tonight? >> No, I just came to pick them up from the bar. >> Okay, is that why I smell uh odor of >> Yes, cuz I just came to pick them up. Yeah, cuz I have work at 6:00 in the morning at Duncan. >> Okay. >> At Duncan, yeah. >> You were at the bar, sir? >> Yes, sir. >> Okay, what what's your name? >> My name is Rafael. >> Rafael what? >> Rangel. >> Rangel, okay. You're the only ones who've been drinking, Rafael? >> yes, she picked me up from the bar. >> Okay. >> Yeah, I'm here from out of town. I I didn't know what >> Yes, sir. All right. >> My cousin is like had to pick me up. >> Right, smart. >> I'm sorry, I didn't realize that it was >> No, it's it's not that big of a deal. It's only I mean >> I I didn't because they're supposed to notify me when I'm supposed to go pick up my like my home phone because I cuz I literally just bought this car like what a month ago. >> Okay. >> So I didn't realize. I'm sorry. I'm sorry. >> No, you're fine. Vivian, you said you haven't had anything to drink tonight, correct? Nothing at all? >> No. >> Okay. Do you mind if you just step out so I can make sure you're good to drive, okay? >> Okay. >> It's just because I smell the I smell the odor of an alcoholic beverage emitting from >> Right. >> So I just want to make sure you're good to drive, okay? If you just stand over here for me, ma'am. Um I'm going to just check your eyes, okay? So I'm going to just make sure you you don't have any nystagmus or anything like that, okay? >> I do need glasses. >> You do need glasses? >> I do need glasses. >> Okay, that's not going to affect the nystagmus in your eyes, okay? Your eyes don't look bloodshot or anything. I'm not smelling any alcohol. I just want to make sure that you get home safe tonight and that you're not intoxicated and putting anyone anyone else in danger, okay? Just I'm doing my job cuz I smell it, okay? So what I'm going to do is you you put your heels and toes together, your hands at your side, okay? Uh you're going to look at my fingertip, okay? Is that too bright? You want Okay. So you want to stand this way for me? Okay. Is that better? Put your hand your heels and toes together, hands at your side, okay? So what you're going to do is you're going to look at my fingertip, okay? And with your eyes and your eyes only, do not move your head, okay? Just follow my fingertip, okay? So you do need glasses, right? Do you have any uh major head injuries or anything like traumatic brain injuries or anything like that? Okay. You don't have contacts in? >> No. >> Okay. So I'm just looking for resting nystagmus right now, okay? Um so nystagmus is the involuntary jerk of your eyes, okay? So and then now I'm going to look for smooth pursuit, okay? And just make sure your eyes are tracking, okay? And equal tracking of your eyes. Just look at my finger, okay? Okay, Vivian. Honestly, have you had anything to drink? I can tell I can tell that you've had something to >> drink. >> Okay, you have nice stagmas in your eyes, okay? At a maximum deviation, you do have nice stagmas in your eyes. So that tells me that you have been drinking tonight. How much have you been drinking tonight? >> About two. >> Two beers? >> Two beers. >> Okay. >> And I also had a drink of someone else's uh their mixed drink. >> Yeah. >> So that's what I had. I didn't think it was going to really affect me much. >> Okay. And how long ago have you been drinking? >> Um to be honest, maybe a little maybe less than an hour, but it was not like it wasn't even more than 30 minutes ago. >> So, two just normal size 16 oz beers? >> Yes. I'm sorry. I just didn't think it was going to do affect me any much. >> And a a drink of someone else's mixed drink? >> Not a full drink, just a drink? >> No, just a drink. >> Okay. >> Cuz I wanted to taste their uh >> Their drink? >> It was a Bahama Mama. >> Okay. >> So, I did. And I'm sorry. >> What kind of beer did you have to drink? >> It was a Modelo. >> Modelo? >> Modelo. >> Okay. And just two? >> Yes. >> Do you >> with the lime and the salt. >> All right. How do you drink every weekend, every day? >> I don't. I do not. >> How often do you drink? >> I drink every other weekend because I have a uh my job requires me to work at 6:00 a.m. >> Right. >> I figured, you know, I would wait, you know, for my cousins or whoever to you know, be done. And I was like, "Okay, I'm going to have a drink." I had the second Modelo, and then I tasted somebody's Bahama Mama. >> Okay. So, I'm going to proceed with the field sobriety test, okay? Just to make sure you're you're able to drive. If not, we'll we'll go from there. We'll get you a ride. Um >> Um sorry. >> So, I'm going to just go ahead and make sure that you're not too intoxicated. Um and go through with the field sobriety test, okay? >> seem really >> Uh I you do have nystagmus in your eyes at maximum deviation. That's involuntary jerk of the eye, okay? So, that means when your eye your when your eye is bouncing uh I I know that someone's been drinking, okay? But, I'm going to take you uh I don't really smell it on you. I mean, I smelled it when I went to the car when you turned this way I did kind of smell it on you. Um, but I might just go ahead and go through with the the My procedures are requirements, okay? >> Um, I just hope that So, I have to tell you now because the last time I had to go pick up my girlfriend my brother and his girlfriend >> Okay. >> and she got taken in because she could not like do the one standard thing without like putting out her hands. >> Yeah. >> And then whenever they took her to the station, she blew a zero. >> Right. I understand. >> I'm not saying that's not that's me, but if I cannot >> Do you have any problems balancing, turning, or walking? >> Kind of. I was in a coma about 2 years ago and I haven't finished doing my physical therapy. >> Okay. Do you have any Do you have anything like any major surgeries on your knees or back? So, I'm going to take you over here on a level service, okay? Where you'll be able to perform it easier, okay? Then on a unlevel surface. So, and it's safer over there. So, um I'm going to have another officer come and back us, okay? And then uh we'll go through with it, okay? Viviana? >> Okay. >> 18 years. Sorry, me a second. I'm going to conduct fields. If you just want to come over here. >> If I don't pass it for whatever reason, uh I >> If you don't pass it >> take my car? >> don't pass it, Viviana, we're going to go from there, okay? So, there's uh either two things that can happen, okay? You can be arrested for driving while under the influence or you or we can uh possibly have someone come pick you up and take the vehicle away, okay? So, that's what I'm going to determine with my investigation on how intoxicated you are and then we're going to go from there, okay? So, those are my two options. So, I'm just being honest with you, okay, right? So, if you can just stand over here for me, Viviana, okay? Do does two beers normally affect you much or >> I mean >> And you said within the hour or it's been about an hour? >> hour. >> Okay. >> Within the hour. I don't drink that much. >> Okay. And you don't drink too much on the weekends or anything like that? >> No, I have to work on the weekends. I have to >> Okay. >> I literally My days off are usually Tuesdays and Wednesdays or >> Right. Yes, ma'am. So, I did when I ran your name and all that, I did see that you have been arrested for DWI before back in 2001, correct? Or >> Damn, it wasn't one. >> 2021, sorry. My apologies. >> Mhm. >> Okay. So, like I said, we're going to just I'm going to just I got to do my job, okay? >> So, either way I'm not getting out of here. >> Not right now. Okay. So, you are detained for the moment for an investigation of driving under the influence, okay? It's I'm not saying you are going to jail, okay? And I'm not saying you're not going to go to jail. >> Can I at least Can you at least tell my cousin to >> Your >> take someone Can you at least tell him >> When we're crossing the When we're when I'm finished with this, we'll we'll figure out together what's going to happen and then we'll tell your cousin everything that needs to go on, okay? So, if you do end up getting arrested, okay, you can call someone to get the vehicle. More than likely, I'm not going to let you out of here driving the vehicle, okay? So, if anything, we're going to call someone to come get us or you to pick up the vehicle and take you guys home safely, okay? So, I just don't >> Yeah, of course. >> The only thing is I just don't want you putting the the public at risk, okay? That's my job, okay? >> I just didn't want him to cuz he's kind of scared to walk to our home, so. >> Okay. Well, he he I can't he I mean, he's he's technically free to go if he wants to walk home, he can, but he can just wait for us to do this investigation and then we're going to go from there. So, I'm going to start right now, okay? So, what I'm going to have you do is put your heels and toes together, your arms at your side, okay? And you told me you were in a coma a couple years ago, right? And that might affect you balancing, walking, or turning? >> Yes, cuz I haven't finished my physical therapy. >> Okay. Are you comfortable do performing this in those shoes? >> Um a little bit, yeah. >> Okay. So, what you're going to do is you're going to do nine heel-to-toe steps, okay? You're going to count each heel-to-toe steps out loud, okay? You're going to have your arms at your side at every heel-to-toe step, okay? Once you get to your ninth step, you're going to make a series of small steps and turn back around the same line, okay? So, can you imagine a can you imagine a straight line? >> Yes. >> Okay. From my left foot to your right foot, you can imagine a straight line? >> Start with my right or my left? >> Okay. So, I'm going to put you in the position, okay? Put your right foot in front of your left. Put your right foot in front of your left, okay? Stay in that position until I tell you otherwise, okay? So, I'm going to repeat it again. Okay, you're going to do nine heel-to-toe steps, okay? You're going to keep your arms at your side. You're going to count each heel-to-toe toe steps out loud, okay? Once you get to your ninth step, you're going to make a series of small steps and turn back around the same line of path, okay? And then once you get to your ninth step, you can stop, okay? I'm going to demonstrate for you, okay? So, I'm going to have my right in front of my left, okay? I'm going to do one, two, three, okay? I'm going to step down three. Okay, I did three. How many are you going to do? Okay, once you get to your ninth you're going to do a series of small steps like this. Okay, and do the same thing back down the same path, okay? You understand? >> Yes. >> Do you have any questions? >> No. >> Okay, Vivian, you can start. >> 1 2 Is that okay? Or does it have >> Just keep going. >> 3 4 5 6 7 8 9, is that okay? >> Okay. >> 1 2 3 4 5 6 7 8 9, is that okay? >> Okay, it's not a pass or fail thing, okay? So, you just turn back my way. Okay, face me. Okay, so this is going to be the one leg stand, okay? So, you're going to put your heels and toes together and your arms at your side, okay? You're going to remain in that position till I tell you otherwise, okay? You're going to lift either leg of your choosing about 6 in from the ground, okay? It's about a Coke can size, 6 in from the ground. You're going to keep your arms at your side, okay? You're going to either leg of your choosing you're going to make it parallel with the ground. You're going to look down at your toe, okay? And you're going to count 1 1,000, 2 1,000, 3 1,000, 4 1,000 and so on. Okay, it's a maximum of 20 seconds, okay? So, don't start until I tell you to go, okay? Cuz I'm going to I'm going to have a timer. Do you have a timer? Okay, just stay in that position. Okay, do you have any questions? Do you understand what you need to do? >> I do. >> Okay, either leg of your choosing, you know what on you you understand what parallel is to the ground? >> Yeah. >> Okay, don't put your foot up or anything parallel to the ground, okay? Are you ready to perform this test? >> I guess. >> Okay, you may begin. >> 1 1,000 2 >> Keep Keep Go ahead. >> 1 1,000 2 1,000 3 1,000 4 1,000 5 1,000 6 1,000 7 1,000 8 1,000 9 1,000 10 1,000 11 1,000 12 1,000 13 1,000 >> Okay, keep going. >> 13 1,000 14 1 I cannot do it. 14 1,000 15 >> Okay, you can stop. Okay. >> You're going to take me in just cuz I cannot stand on one foot. >> So, honestly, I think you've had more than two beers. Viviana >> two beers and a half of Baja Mama. >> Are you sure? >> Yes. >> Okay. >> not sit here and I will not drive because I've already had >> I understand. >> I'm not going to argue. You know I you You're going to sit here and you're going to take me in just cuz you want to take me in. >> No, I I don't want to take you in, but you are under the influence of driving a motor vehicle, okay? >> Who can stand on Never mind. >> Okay. >> You're going to arrest >> Okay. Come over here. Viviana Do you have someone to come pick up the vehicle? >> Yes, I do. I please call them so they can But my problem >> Who uh Who's going to come pick up the vehicle? >> My mom. >> Okay. Unfortunately, you are going to be placed under arrest, okay? You You did too bad at your your failed sobriety tests and I saw a nice stagmus in my eyes, okay? Um you're going to have a chance to fight this in court, okay? >> because I actually have a messed up toe and it's bruised. >> Okay. >> So, >> Well, you didn't mention that to so I didn't know that until otherwise. Okay. So, if you turn around for me at this time. Okay. I we will give you a phone call, okay? To come pick up the vehicle. We're not going to just tow it, okay? Are you okay? They're not too tight? Okay, babe. I'll let you come over here, please. Do you say Does your cousin know your mom's phone number? >> Yes, but I would rather call her myself, please. >> Okay. Where is your phone at? >> Um it's in there, but if you guys could actually dial it for me, that'd be fine. >> We we will, but can can this officer get your phone out of your car so you can call your >> I think so. I don't I don't know where it's at, actually. >> What kind of phone is it? An iPhone? >> It's a pink one. It's a It's a cheap phone. Just ask him. >> Okay. Okay, listen to me. I'm about to tell you something important, okay? You are under arrest for driving under the influence of intoxicating liquor. The New Mexico Implied Consent Act requires you to submit 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 an additional independent test, you have the right to a reasonable opportunity to arrange for a physician, a licensed nurse, a laboratory tech tech- 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 by the law enforcement agency. Do you agree to take our test? >> No. >> Okay. So, I'm going to read you the blood, okay? Listen to me. I'm about to tell you something important. You have the right uh including a a right you have, okay? You're under arrest for intoxicating liquor, okay? Uh I'm requesting that you consent to your blood draw and test be determined by alcohol or drug content of your blood. Do you submit to blood? >> No. >> No? Okay. So, you're refusing? Okay. Yes, ma'am. What's uh how do I uh What do I do here? >> Go up. >> Okay. >> Uh to the home, right the middle button. >> Okay. >> The phone. >> Okay. Uh show them license. >> Yeah, license. >> Mom, will you Oh, your mom's right here. >> I'm sorry. >> Hello, ma'am. >> Hi. >> Uh I'm Officer Willis with the Raleigh Police Department. >> Yes. >> Okay. So, your daughter was pulled over because her tail light is out, okay? It wasn't covered fully with the red tape. >> Right. >> Okay. And then the uh registration expired the on the 14th. Um which I mean, it's not that big of a deal, okay? I made contact with her. I smelled the odor of alcoholic beverage emitting from the window, okay? >> Mhm. >> She told me that her cousin had been drinking and then she just picked him up, okay? Uh I made contact with her. I have her step out, okay? And then she uh performs uh nystagmus. It's involuntary jerking your eyes. I noticed nystagmus in her eyes. She then admitted to me that she was drinking tonight. I went perform field sobriety tests on her. She did >> Uh >> poorly. She did poorly for me to let her go. >> go. Okay. >> So, she's intoxicated and she was driving while intoxicated. She is going to be placed under arrest for that. Like I said, she has an opportunity to fight it in court, okay? Um you if you want to talk to her, I'll let you talk to her, okay? Yes, she's around here. So, I'm going to close the door and so you can talk to her through the window, okay? And then Vivian? Vivian? >> Yeah. >> Okay. Do you have someone to take the vehicle? >> Yeah, I'm going to take it. >> Okay, yes. I'll roll down the window. It's going to be this back one. You're going to You're going to drive it? >> Yes. >> Do you have your driver's license? >> Yes, >> real quick while you're talking to her? >> Um >> All right. I can change the station. >> Mhm. Come on. >> Vivian, do you want your phone to go with you to county? You can get numbers and stuff from that to make phone calls. >> That's fine. Yeah. >> Okay, is there anything else you'd like to go with you? Okay, I didn't search you. Do you have anything on you? >> I do not. I have no pockets or anything. >> You have no pockets or anything? >> You want to search me or something? >> Okay. Well, that's just policy. I'm going to have to take you out and search you, okay? Um you know, if you go to jail county with any narcotics or anything like you that's extra charge. I'm just letting you I'm not saying you have anything. I'm just letting you know, >> I have no >> Okay. I'll let you talk with your mom. She'll see the judge tomorrow and probably Yeah. What's today's Tuesday or Wednesday? >> Wednesday. Thursday. >> Thursday, you'll see the You'll see the judge tomorrow. Yeah. >> I'll call Wednesday. >> What's your name? >> Connie. >> Connie. >> Connie. Yes, I'm okay. Come on. >> Can we take you to the hospital? >> Yes. >> Yeah, wherever you Whenever you guys want to go, take it to the hospital. It's in >> All right, thank you. >> Yes. >> All right, thank you. >> You guys have a better night, okay? >> Thanks, brother. 218 Roosevelt. 218 You know taste >> Incoming message [music] >> breath and blood. I'll be straight route to county. Starting is 517. No, I I didn't even know. I just saw you driving in the alley, and then I saw that your your tail light was out. Your your tail light is what caught my attention.