Okay, I will do the test. I will do the test. I will do the test. >> We're We're past that point. >> No, I I didn't know what was going on. >> that point. I already read it to you. We're past that point. >> I I just need an understanding. Please, I got to go to work tomorrow. Please. >> On April 7th, 2025, in West Palm Beach, Florida, officers found a woman unconscious at the wheel of a running vehicle that had struck a building. This stop is a direct study in DUI law, implied consent, and the concrete cost of not knowing your rights. >> Ma'am. Hello. Ma'am. I'm going to try to reach in and cut the car off. >> Can you Is there a window open? >> Yeah, it's open. >> Oh, yeah, yeah, yeah. Hell yeah. Can you start the car? >> Ma'am. Hello. Ma'am, wake up. Can you hear me? >> Yeah. >> All right. She's responsive. >> Okay. Yeah. >> Hey, can you put the car in park? >> Put the car in park. >> [ __ ] yeah. >> Put the car in park. 10-16, uh she's responsive. She's responding. >> Hey, we're going to look at her purse and look for cracks. >> That one. >> I have a whole bunch of stuff on her. I think it's lettuce. >> Lettuce? >> Yeah, she got a whole bunch of food, like Taco Bell stuff on her. See? >> Yeah, no, I see the cheese and stuff. Is that Okay. >> Put it in park. No, put the car in park. Yeah, I see everything. Yeah, I see it in the dollar bill. >> The weed >> I can't. >> unlock it. >> Yeah. >> Hey! Hi. Did you hear us banging on the window? >> Yeah, banging on the window. >> Wake up. >> Get up. Get up. >> Oh, what did he say? Hold on, hurry up. >> Oh, yeah, it is the passenger side. >> Did you set it off? >> No, I I can't reach it. Hit the Yeah. >> I don't know. >> Ma'am, hello. We don't need you to get up, okay? >> Hey. >> Wake up, ma'am. >> Wake up. >> What is going on? >> Is your ID in here? You don't know what I'm saying. >> No, I don't know. >> No, we just uh we just cut it off. It's going to be a signal one. >> All right. I just want to make sure she don't >> Put it in reverse. >> Yeah, no, we we just turned the engine off. >> Okay. >> She's up now. >> Put it in park. >> Yeah, it's on. >> Yeah, it's on. We got it in park. >> Okay. I see you banging on the Just the window out or something. I don't >> No, the her >> No, I I told you >> window was down. >> I was over here banging on this I didn't hit Charles in the eye. >> Where's your ID? >> He's opening the door. >> I can open the door. All right, you you can't get out from where you are. Where's your ID? >> I don't got one. >> 12-16 switching 3. >> Don't worry about your tacos. We'll deal with that later. You can't eat right now. You got to get out of the car. You can't eat right now. You're not listening. Step out of the car. Look. Look. Look. Look what happened. >> No. >> Step over here. Walk with me so you don't fall. Let me have you sit on the front of my police car right here. Come here. Okay, turn and face me. >> I got her ID. >> Turn and face me and then just sit right there. There you go. There you go. So you don't fall. >> Go for 216. Copy. Okay. You You can bring it up here. I was going to um Oh, it's probably locked. Yeah. It's probably locked. Yeah, I was going to put fire rescue. I wasn't even thinking. I need to move it anyway. I'll move it up some. Yeah, there's no damage to the other vehicle. It looks like she just accelerated. >> Okay. How much you had to drink tonight? >> I don't I wasn't supposed to be driving. I'm supposed to be following somebody to get to the other place. >> Ma'am, let me see it. Where do you live? >> Uh I don't need that. >> Oh, well, I I was supposed to be >> Just put it right there. Just put it right there. All right, medics are here to check you out, okay? >> I was following somebody else. >> Ma'am, let me see your license. >> Hello, how are you doing? >> I'm fine. >> Good man. >> Somebody making Yeah. >> Don Julio make you a cup of Julio. And tacos. >> What's the cigar wrappers? >> Yeah. >> Yeah, there's some like there was a bunch of weed in the air. >> Right here. >> That's on you. >> Yeah. >> Huh? You want to? >> I was thinking I was, but I only have Brooke. And I thought I don't >> I don't know her. I don't know her. I don't know. I don't know. >> I want to see who else can assist. I'm the only one. >> He he asked us to leave. >> Um I can ask dispatch. >> I guess Martinez is here, so I might not I don't know. >> I don't know. >> Do you want to go to the hospital? >> Let me ask SARS if they have anybody here. >> Let me just give you the scenario. It's It's kind of >> All right, so this is no longer an investigation This is no longer an investigation for a crash, okay? So now I'm going to investigate for a DUI. You crashed into the building here. >> Okay, so listen. >> Okay, hold on 1 second. I'm going to give you an opportunity to speak. Let me read you your Miranda rights, all right? Are you familiar with that? >> Yes. >> All right. >> First question. Was she driving? Under Florida statute section 3 16.193 DUI I applies to anyone in actual physical control of a vehicle while impaired. You do not need to be moving. Unconscious, alone, behind the wheel of a running car that satisfies the statute. Full stop. Probable cause is textbook. Vehicle in the wall, engine running, driver unconscious, open bottle of tequila in the backseat, alcohol odor on the breath. Under the totality of circumstances standard from Illinois versus Gates, decided in 1983. Any one of those indicators alone would support an investigation. Together, they are airtight. >> Ma'am, I cannot go to jail. >> You're not under arrest right now. You don't have handcuffs on. >> Look, I remember you from my auntie house. With my cousin. When that voice doubt my cousin up. >> All right. >> I remember you. >> Listen, I'm going to give you I'm going to read you read you your Miranda. You got to let me know if you understand it or not, okay? I am required to warn you before you make any statements that you have the following constitutional rights, okay? You have the right to remain silent and not answer any questions. Do you understand? >> Ma'am, they're going to have to arrest me. >> I'm reading you your Miranda rights. >> Okay. >> You have the right to remain silent and not answer any questions. Do you understand? >> Yeah. >> Yes or no? >> Yeah. >> Go ahead, you can speak. Tell me what happened. >> Listen, ma'am. I didn't never want to drive this car. Okay, remember when you had some auntie house? The dude was stabbing like he had the the the knife with my cousin. You I got a picture everything of I seen you. >> Now do me a favor, step back a little bit. >> Okay, whatever. But I I have the pictures of you and he was showing my style my auntie and my cousin and I was I had a picture for you. I was only driving her to wherever her car was. She was going to drive me home. That was the only thing. It wasn't me. >> So, where are you coming from right now? >> From Palm Beach Lakes, from her house. She was driving to Empire on 45th Street. >> Okay, so you were on 45th right now? >> Yeah, I Okay. She was driving from Empire to 45th Street, okay? >> Okay. >> I was supposed to just be me and her there and then she was going to take me to my house. >> Okay. >> That was the only thing. I don't know how I end up here. That was it. Other than that, I was not trying to drive to hurt nobody. I wasn't trying to drive to kill nobody, no nothing. I was just helping her out to move her car from her situation to where she was at at that time of the place. That was it. That That That was it. It was nothing more, nothing less. >> Have you taken any prescribed medications tonight? >> No, ma'am. >> Have you had any drinks tonight? >> No, ma'am. >> Okay. All right, give me 1 second. >> I did pee on your car. No, it's not. It went over that way. I did not pee on your car. I don't know what to do. Like, you were telling me I can't pee. I was telling you I got to pee. >> No, I was asking you not to pee in the bathroom on the side of the business. >> I was telling you to watch me. And then I asked you if you were only peeing in my car and my clothes. You told me no. >> There's no bathroom here. >> I can't hold it. You tell me. You tell me just like me. >> All right. Wee on the front of my car. >> I'm done. I'm done. I'm done. >> No, wee on the front of my car. I don't want pee or pee on my car. >> I don't have to pee on your car. >> What does that supposed to mean? Cuz I take that as a threat. >> I'm not threatening you. I I didn't say nothing that was directed to you. >> So, what did you just say? >> You got your body camera on. >> Right. That's why I turned it on. >> I never said nothing that was directed to you. >> So, what did you just say? >> Nothing. >> What did you just say? >> Nothing. >> Exactly. I'll take that as a threat. >> Why? >> So, repeat what you just said then. >> Why? Why would you say >> Repeat what you just said. >> You being who I am, why would you say that as a threat? >> Because of what you just said. >> I never said nothing to you to make you say that as a threat. >> But, I'm telling you you can't tell me how I take something. >> I'm sorry, baby. I'm sorry. I'm sorry. Don't step in the yellow ribbon. She just peed. >> Hello. >> Yeah, so I'm already read her Miranda. This is the vehicle she was behind the wheel of the car. The wheel was on the the the ignition was on. >> Okay, hold on. Let me hear what's going on. >> She passed out behind the wheel of the car. Um they gave her a sternum rub. She came to. Of course. Um I we had to reach in the window to put the car in park. Yeah. And then turn the vehicle off. And then she finally came to. She climbed through the passenger to get out. Medics came, cleared her. She's good. Yeah, there was a there was a open bottle of Don Julio in the backseat. Yeah, I already I already got them. It's cops. Yeah, yeah. >> I'm I'm not even responsible at all. That's Listen, the thing was I was helping somebody else. Okay, somebody else was doing something to somebody else. I was just helping somebody else get to the car where they was at at Empire. That was it. I wasn't trying to do nothing to nobody, hurt nobody, or nothing. >> I gave her I read her her Miranda already. >> She already read me my rights. >> Oh, Taylor wanted it. I'm sorry. I I heard that. Told me wrong. >> I'm just saying. A lot I wasn't even supposed to be driving. I was supposed to be helping somebody move a car from someone else. And and then they was going to take me home. That was that was what the problem was. Military and uh 45th Street. That's where I'm going at. >> What you say at Military 45th? >> The the hotel right there. The Inn of America right there. I right there. I was just helping somebody move their car from over there to over there. I don't know what happened after that, but that's it for I don't I'm not trying to be involved in nobody or nothing. That was it for me. And if you want to check the kids in my purse to get me to that room where I'm supposed to be at, that's it. >> So, are you going home to your kids or are you going to your apartment? >> I'm going home I have three kids. I'm going home to my kids. Okay, the person I was helping, they live there, too, but you know, it's Sunday. Everybody hanging out with their kids maybe. I was trying to make sure they get home right there, and that was it. It wasn't nothing else. >> Quick question, did you pee on yourself or did you remove your clothing? >> right here. She told me no, but I I didn't know what drama he had going on. >> No, I'm I'm just I'm just curious. You peed with your clothes on? >> I'm telling you, she told me no, but I I just peed like Okay, I >> You're not answering me. My question is bending. Did you pee with your stuff on? With your clothes on? >> I kind of like pulled it down a little bit because I I didn't know what she wanted me to do. That was it. It wasn't nothing more than that. I was right here this club again. >> Did you have anything to drink tonight? >> I did. >> How much did you have to drink? >> I only had one cup. >> One cup of what? >> One cup of Ruffino Don Julio. >> How big is that cup? >> It was just like what they give you at the club. That was it. >> Well, I haven't been to the club in years. Things are different. So, how big is that cup? Show. Give me an example. >> It's like a little um Styrofoam cup. Not even Styrofoam, a plastic cup. It's whatever they give you. I don't think they give you a lot, but >> And you said you only had one? >> Just one. >> What time was that? >> Probably 2 hours ago. What time is it now? Yeah, it was about 2 hours ago. >> What time is it now? Okay. And again, I would tell somebody to move that car from over here at Empire to I'm going to the ends of America right here in Missouri. >> we're looking at the vehicle that's in the wall. >> I understand. >> So, I whatever you did prior, okay, whatever. Look at that. Following somebody, taking somebody home, you're in the wall. So. >> Um It's not empty, it's open. I'm still needing. >> So, because of something that we're looking at, alcohol, you can pee here. There's a >> We have to pee in the wall? I I asked her first. >> Hold on, listen. Are you willing to submit to SMS tests? >> What do you want me to do, ma'am? >> Are you willing to provide somebody pee? >> I am, but I asked her first could I pee and she told me no. She did, but because >> to talk about peeing. >> I asked her did she want me to pee on myself or should I pee right here? That was it. >> Okay, so you're willing to do the test? >> I don't know. >> It's it's up to you. I'm not forcing you, it's it's up to you. Yes or no? >> Mhm. >> All right. So, I'm going to read you something, it's called chemical warnings, all right? These exercises are voluntary. However, if you refuse to complete the test, I have a question of you. I will have to base my arrest on >> You're going to base the arrest because they're the primary officer in the primary office. >> I work in a doctor's office, so I cannot go to work I mean I cannot be arrested. >> I gave you an opportunity, so I'm reading you something. So, >> Okay, well, do the test. Do the test. >> Listen, we we're not going to go back and forth. >> I don't want to, ma'am. >> But I still have to read to you. >> Can we do the test? >> You want to do the test? >> I don't care. I don't I don't I Listen, ma'am. I I >> Do what you need >> Listen. Can I tell you something first? >> No, but I'm trying to tell You said no at first you didn't want to do the test so I'm reading you something. You still have an option but I need to finish reading this and you won't allow me to. So let me start over listen Take it in and you give me an answer again, okay? Starting over this is all voluntary. These exercises are voluntary. However, if you refuse to complete the task as requested of you I or the primary officer will have to base the arrest decision on what they have seen and so far. So the fact that there was a vehicle in the wall there is a bottle of something down here in the back the paint even if you ask for whatever paint. And I believe you said you smell alcohol in your breath. Correct. Okay. And your refusal can be used as evidence against you in court. Want to submit to the standardized field sobriety test? Yes or no? It is up to you. We're not forcing you to. Can I speak now? Yes ma'am. Okay listen ma'am. Can I tell you something? Again I was helping somebody out. I'm supposed to be going to right here to military in Okeechobee. Okay do you want to do you want to do the test yes or no? You you you want me to listen to you right? I understand what you're saying but can I can I explain what I got to say right? No I'm I'm not allowed to explain what I got to say? We've already you already explained that. We already heard that. No I'm not I have not explained nothing. It's on camera you have. Okay listen ma'am. want to do the test yes or no? I don't care whatever you want to do. I I don't want to go to jail because I got to go to work tomorrow. I work for a doctor's office. I don't want to go to work tomorrow. I mean I don't want to go to jail tomorrow because I got to go to work. So it's up to you. Do you want to do the test yes or no, ma'am? >> I don't care, man. >> It's either a yes or a no. >> I just want to go home. >> All right, this is your last opportunity. >> I want to go home. Whatever gets me to go home. >> Okay, just let me find my bag. >> The officer read Miranda before formally shifting to a DUI investigation. Under Miranda versus Arizona, 1966, advisement is required before custodial interrogation. The subject waived her rights and kept talking. Under Berkemer versus McCarty, decided in 1984, every word was admissible. This is exactly why the right to silence exists. The most legally contested sequence is the implied consent advisory. Under Florida statute section 3 16.1932, operating a vehicle in Florida means you have already consented to chemical sobriety testing upon a lawful DUI arrest. The officer reads the advisory. The subject gives a clear answer. That is how the statute is designed to work. The officer read the advisory twice. The first attempt was interrupted repeatedly by the subject. Restarting from the beginning was procedurally correct. It built a documented record that the subject heard the full warning and had a second opportunity to respond. In court, that record closes the argument that she was not properly informed. When the officer asked for a final yes or no, the subject said she just wanted to go home. That was recorded as a refusal. Under South Dakota versus Neville, decided in 1983, a refusal to submit to chemical testing is admissible as evidence in the criminal proceeding. The refusal becomes part of the prosecution's case. Immediately after arrest was announced, the subject said she would take the test. The officer said they were past that point. Florida courts have generally held that once a clear refusal is stated and arrest is initiated, the officer has no obligation to restart the process. But some courts have found that allowing voluntary recantation before formal documentation is within lawful discretion. That is the gray zone here. The pat down following the arrest was clean. Under United States versus Robinson, 1973, a search incident to a lawful arrest requires no separate warrant. Before transport, the officer documented probable cause on camera. Red glossy eyes, alcohol odor, open container, vehicle in the wall. That on camera record is what the probable cause affidavit is built on. >> But how am I driving? >> Yes. Turn around. >> I didn't even do nothing. >> Use your arm. Use your hands. Put your >> Okay, I will do the test. I will do the test. I will do the >> We're We're past that point. >> No, I I didn't know what was going on. I didn't know what >> that point. >> No, please. >> We're past that point. >> I I just didn't understand. >> Please. I got to go to work tomorrow. Please. I got three kids at home. I cannot I I want to do the test. I want to do the test. She didn't even give me a chance. I'm going to do the test tomorrow. Please, ma'am. I didn't know what you was asking me. Can I do the test? Please. Ma'am, I have never been in trouble in my life, bro. Like, please, can I do the test? I'm sorry. I don't I didn't know what you was asking me. Can I do the test? >> I brought this I brought this to your attention twice. I stated the information to you multiple times. It's not going to help you now that you're It's >> People who don't understand, like, texting right, I don't understand that. >> know what you're saying. Please, just help me. >> I don't want to go to jail, ma'am. I have to go to work tomorrow. >> You have to take it off. >> I I I'm telling you I'm telling you that's what I want. But I'm asking because I didn't understand. >> Okay, take that up with a lawyer. >> Oh my god. I I I promise you if you could just give me the test right now >> I'm going to go ahead and start the sobriety. >> I started already. It's called >> I've never been in trouble in my life, right? That's why I don't understand what you're saying to me. That's what I'm saying to you. >> It'll help you understand. >> Can you help me right now? Like you >> All right, but he went over it. >> Ma'am, please help me. This is not I I was really helping somebody else. I live right here. >> Okay. >> Ma'am, I promise you like I did not understand what you were saying to me. >> We're trying to get her bracelet her bracelets. >> Whatever it's called whatever it's called like Like of course I don't know. Just take it off of me. Ma'am, please help me. I'm telling you I got three kids. I have three kids. I HAVE A 5-YEAR-OLD AND I HAVE A 7-YEAR-OLD. Please help me. I don't even know WHAT YOU'RE SAYING TO ME. I never been in trouble in my life. Like sir I've never been in trouble. I don't know what she I was asking her to I've never been in trouble in my life. Can you please help me? Oh my god. Sir, please can you help me? I have never been in trouble in my life. I didn't know what she was saying to me. I'm willing to help her like whatever I got a 5-year-old and >> Get out. You'll have your phone but give you your possessions back. >> And then I can call somebody? >> Yes, ma'am. >> Cuz I don't know nobody knew where I was going. >> They're going to give you your phone back to you in 6 hours. >> 6 hours? Bro, I got to go to work at 8:00. All right. Um >> You'll be okay. >> Yeah. >> Well, I'm the primary officer, so >> It's okay, but you was nice to me and because I remember you from when I came to my cousin house. But I didn't never understand what you was saying to me though. All right. >> Um no, she was I was going to say she's a registered owner of the car. >> She is? >> Yeah. Okay. So >> I was just helping somebody out, bro. >> To be honest, like I said, I was looking for her phone, her ID. >> Is her ID in there? >> Yeah, it's in there. It's in the >> It's in there? Okay. That's my ID. Is is dead. I'm sorry, George. I'm listening. >> No, like she was saying, like you could you could take probably take out all the jewelry >> Yeah. >> Yeah, that's what I said. Put it in her Put it in her purse. >> You got it. Cuz then it's just less [ __ ] you got to inventory. >> Right. Right. Right. Right. Right. I think I'mma do that. Right. Do you Do you leave anything for the tow You leaving your stuff for the tow people? >> I I always That's just me personally what I do. I just That's just me. It is what it is. I'm sorry. Crash into a wall. You're worrying about anything except for worrying about that. You're worrying about the wrong thing. That's how I look at it. So, it's up to you. But you have to make a decision because you got to get her You got to get her to the back as soon as possible. >> You got it. >> So, they can do the breathalyzer, so Okay. Okay. I'll call you when I'm done. Perfect. >> [laughter] >> I don't have anything. >> I'm going to pat her down. All right, I still have to pat you down, okay? >> Okay. >> I know you're saying that you don't have anything, but you're going to >> It's okay. >> I still have to. >> It's okay. I don't have nothing. I got >> Okay, I'm still going to check you though. >> It's okay. It's >> And it's all on camera. >> It's okay. It's okay. >> Are you sure you don't have anything to stick me with? >> Ma'am, you know me. She She know me. >> Calm down. Calm down. >> I don't I don't have nothing. >> I have to check you. >> It's okay. It's okay. I'm not resisting. I'm not doing nothing. >> I'm not saying >> I'm just telling you because if YOU DO ANYTHING >> NO. NO. NO. NO. NO. NO. >> OKAY, I have to lift under to make sure. >> It's okay. Do whatever you got to do. I don't care. >> Thank you. >> [snorts] >> Sorry if I'm pinching you. >> It's okay. It's okay. >> Do you have anything in your shoe? >> No. No. No. No. No. No. What am I supposed to do? What am I supposed to do? Cuz I want to do >> Do you have anything in the vehicle right now? >> I don't want to do nothing wrong. Just tell me what >> Guys, get to the jail and she finds something additional, you're going to be charged. Do you understand? >> I don't have anything. >> I'm just letting you know. We let everybody know that. >> telling you I don't have nothing. >> All right. Have a seat. >> What's >> am I supposed to do? >> Have a >> seat. In the car, like you would in a in a car. >> Like regular? Like in the car? >> vehicle, like you get in your own car. >> would first charge you with nothing. >> It's on my camera. You're not getting charged with anything. >> Like what? Am I doing the right thing? >> Just how you would sit in your Get in the car. >> Get in the car, right? >> Yeah, just sit down. Come on, let's go. >> We're not going to do this. >> All right, I'm going [snorts] to turn some the AC on for you. >> know. I don't know. I don't know. >> All right, so looking at her as well. She has red glossy eyes. Um I smelled the odor of an unknown alcoholic beverage emanating from her breath. The more that she spoke, cuz if you say off a person >> You can smell it on her. >> Right. >> But I smelled it when she would and it's I'm on camera. I'm not lying camera. When she was to breathe. >> Right. I smelled it as soon as I walked up to the car. >> So, but you need to mention what you saw, like the glossy eyes, I could see. >> The officer receives a B plus. Miranda administered correctly. Advisory reread without shortcutting. Tone measured and professional throughout. Pat down by the book. Probable cause documented precisely. One deduction. Closing implied consent on an ambiguous final response was avoidable. A single follow-up question would have produced a clean record. A defense attorney will use that gap. The subject receives a C plus. She cooperated, did not resist, and was honest about her drinking. But she drove while impaired to unconsciousness, struck a building, interrupted the advisory repeatedly, gave an equivocal answer when asked for a clear one, and tried to recant only after cuffs were on. After Miranda, she said everything when saying nothing was the only correct move. Every stop like this comes down to specific decisions at specific moments. Here are five takeaways from this footage that apply directly, whether you are behind the wheel or behind the badge. One, actual physical control means exactly that. In Florida, sitting behind the wheel of a running vehicle, even while unconscious, satisfies the DUI statute. The engine on and you in the seat is enough. Motion is not required. Two, Miranda is a waiver, not a shield. Waving your rights and continuing to talk is the opposite of protection. Invoke clearly, request an attorney, and stop. Everything said after a voluntary Miranda waiver goes into the record with no exceptions. Three, implied consent is a contract built into your license. In Florida, refusing chemical testing suspends your license automatically, and the refusal is presented to the jury as evidence of consciousness of guilt. You can refuse, but you pay for it twice. Four, ambiguity is not an answer. Saying you want to go home, or that you do not care, reads as a refusal under the implied consent advisory. If you intend to comply, say yes once, directly, without qualification. The window is short and it does not reopen. Five, recanting a refusal is not a guaranteed right. Once you have said no, or anything that sounds like no, the implied consent window may close permanently. In Florida, trying to walk it back after arrest is announced is legally uncertain and usually unsuccessful. The subject was charged with DUI and sentenced to 1 year of probation. The law here was never the complicated part. The decisions were. If this breakdown was useful, subscribe to our channel, drop your questions in the comments, and let us know what interaction or legal issue you want covered next.