Don't touch me. >> arrest. >> I'm under arrest for what? >> On April 19th, 2023, in South Florida, a police officer approached a vehicle parked directly in front of a fire station's emergency access bay. And what followed became one of the cleaner examples of how a single encounter can touch nearly every layer of D, Florida's DUI enforcement framework. >> What are we What are we doing here? >> We're just Hi, are you guys part of the fire department? >> Yes, I'm so sorry. Oh my god. >> You are part of them? >> No, we're just we're >> Why are we blocking the gateway for ambulances and all that? >> Because I'm >> No, that First of all, it says no entry. >> I didn't see that, sir, but we're >> Here, I'll show it to you. Here. Right here. Do not enter. >> Sorry, sir. >> And then, what about the drink you guys dropped over there? Who's been drinking? Have you guys been drinking? >> bro. >> Who's the driver? >> Water. I'm the driver, and I have progressive insurance. >> Do you Are you been drinking? >> I have been drinking water. >> So, there's no alcohol in your system whatsoever? >> There is, sir. >> I'm a traffic officer. I'm doing DUIs. This is not a normal behavior to block a place that has so many fatalities and so many old people that need emergency rescue. >> And I'm also part of the hospitality assistant. So, anything that has been per se >> I'm going to need your license and your registration and your insurance information. >> talk for me because I am >> and registration and insurance. >> Okay, so you can come to my vehicle and you're going to approach me >> I'm going to have to stop. Let me get your license. >> Hold on because I'm going to have to approach my vehicle. >> No, I'm You're going to walk up there. I'm going to have to walk You walk behind me. Come on. >> Come on, baby. You can come to my vehicle. >> Sir, I'm sorry. >> Go ahead and give me a routine 94 for her. >> Get in the car. Goodbye. >> So, fine. >> You get in your car and you do what you need to do. >> Sorry, we're we just left the bar over there. We're just arguing with each other. That's it. >> You can leave that there. >> Sorry, what was that? I'm sorry, what was that? >> to him, not you. >> Oh, but you can talk to me. I'm sorry, what was that? That was what >> I said to leave the cup. >> Do what you got to do. >> Where's your license and registration and your >> I'm looking for it. >> So, where is it? That's what you were told to ask. >> No, I'm not going to help you. >> Do what you got to do. >> Go over there and do what you got to do. >> and registration and it was in my bag. >> Well, let's see your car so you can get it. >> It was in my purse. I'm looking for it. Oh, here it is. Okay. Here. Thank you so much. >> registration and your insurance. >> Registration over Would it help if I have it on the app? >> have the registration in the car? >> I No, one second. >> We're going to my brother's house down the street. >> Oh, man. It's so cold. >> All right, so you can sit in the car and where the heat is. Come sit in the car. >> vehicle so I'm trying to make sure everything is square. Well, hold on. Let me take care of this and then we're okay. I'm sorry, I don't mean to be like an intrusion, but I'm parked here. I am complying with the law. >> I want you to go sit in the car, Mommy. Please go sit in the >> want to finish this and then I'll sit. I'll sit with the law. >> I'm just going to wait for the other officer. We'll do some standardized field sobriety exercises and then we'll move on from there. >> Okay, awesome. >> Yep. >> The initial contact was legally sound. The vehicle was blocking an emergency access point, a violation under Florida statute 316.2045, which prohibits obstruction of public roadways designated for emergency use. That gave the officer a lawful basis to approach, and everything that followed flowed from there. Here is what most people miss about DUI law in Florida. Under Florida statute 316.193, you do not have to be observed driving erratically to be investigated for DUI. The statute covers anyone who is in actual physical control of a motor vehicle while impaired. Sitting in the driver's seat with keys in your possession is enough. That is the legal standard. Not swerving. Not speeding. Actual physical control. Once the officer identified behavioral indicators of impairment and received an admission that the subject had just left a bar, the DUI investigation was legally initiated. At that point, Florida statute 316.1932, the implied consent law becomes the controlling statute. And this is where the situation became irreversible. Florida's implied consent law states that any person who operates a motor vehicle on Florida roads has already consented to approved sobriety testing as a condition of that privilege. The officer is required to advise the subject of this in writing, which he did on camera, reading directly from the statutory advisement card. That procedural box was checked correctly. Refusal to submit to testing under Florida statute 316. 1932 carries two distinct consequences. First, it is admissible in court as evidence of consciousness of guilt. Second, it triggers an automatic license suspension, and on a subsequent refusal, it becomes a first-degree misdemeanor. The subject's refusal did not protect her. It became part of the prosecution's case. The subject asked whether she had a right to an attorney. That is a reasonable question, but legally it was premature under Berkemer versus McCarty 468 US 420 decided by the Supreme Court in 1984. A routine traffic stop does not trigger Miranda rights unless the person is formally placed under arrest. At the point she asked, she had not been arrested. Miranda was not yet in play. >> Oh. Is my phone dead? Can I use your phone? >> You were blocking them. Can we talk, sir? >> Huh? >> Can we talk over here? You can just sit in your car and relax. >> Let's just go. >> No, I'm going to wait for an officer to get here, sir. >> I got the officer. Yeah. Just wait in the car. So, exactly what it is that I did wrong in this situation? >> You're >> I was pulled up in front of the fire >> fire station blocking the entrance where they exit for emergency services only. >> Okay. >> You appear to be under the influence of alcohol driving and having positive control of a motor vehicle. With that being said, you could possibly be charged for DUI if you are impaired by alcohol right now. You told me that you drank only water, but we'll be able to tell that from some standardized field sobriety exercises. When the other officer gets here, we'll run those exercises and see if you are under the influence of alcohol. If you are under the influence of alcohol 0.08% you will um be charged and taken to St. Louis County jail and your vehicle will be towed. >> Okay. So, in regards to that, in a situation where you're held accountable of something that has not even been a situation as to what it was, do I have a right to an attorney? >> Go ahead. They parked right here in front of um station two. >> got out the car with my boyfriend and we stopped because we were discussing a situation and then we had the police at our back, and we were not swerving or curving or any of situation of sport. >> I didn't pull anything out of >> to understand as to what exactly exactly what >> Can you stop talking? >> What drink was disposed? >> It's water on the ground. I dropped my phone. >> Wait, hold on. >> She's not driving. >> All right, I'm going to go with one person real quick. I'm going to go with the driver. >> come out here and get your car. >> We're not driving. We weren't driving. >> So, you're going to call him? >> positive control >> of a motor vehicle, sir. I'm not going to go through this right now. >> No, but what I'm trying to >> to I'm going to ask her to perform some standardized field sobriety exercises. >> Yeah, that's fine. I'm just trying to understand what what drink >> You need to call your >> She doesn't drink at all. And she just had a couple drinks. >> Comply or go sit down in the car. >> Yes, but I'm a female, but >> I suggest you go listen to what he's saying. >> No, I don't I do not respond well to males, and I'm a female, and I would respect the fact >> Ma'am, if you're going to refuse to perform standardized field sobriety exercises, you'll see right here it says operation of a motor vehicle constitutes consent >> I'm not this >> to any sobriety test required by law. >> You're not doing that, and you're we're going to leave your car >> I'm not this >> But no. >> You don't run the show. It's not what you're saying. >> Please just go with what's going on. >> Cuz I'm trying to figure out what what is even validly going >> trying to get home. >> You don't get to make the decisions. This is his >> But hold on. I'm not >> Stephanie, stop and wake up. Relax. >> I'm trying to figure out what's going on now. >> father to come get your car. Right now. And then do whatever you tell me to do as a man. >> sir. >> Investigate. Call your father. And you don't >> you just literally said that a drink was dispensed in my vehicle. >> Ma'am, you have positive control. Can you get those keys? >> No, that's my car. >> You got to throw the keys. You're not going to grab me. >> Okay, stop. >> I'm not grabbing you. >> Please, baby. >> Stop. Because you're being very exaggerated. >> Ma'am, the best part is that >> unlock this phone so we can call your dad? And as of your console, you're taking my vehicle. >> for speeding. >> I'm sorry. >> positive control of a motor vehicle. >> up and call your dad. >> need to stop, both of you. >> We're We're done. >> You're No, you're impeding. You can get yourself in jail for impeding. >> I'm I'm saving my >> She's the one that's positive control. You're not saving anything. You're making things worse, and it's escalating more and more. We don't need to escalate things. >> Listen, what's going on right now? >> that you you can't speak to a man the whole time. Ma'am, I've been asking you questions. >> And I have not answered all any of your questions because I don't even understand what the hell is going on right now. I have not been pulled over for speeding. >> No, you're not. >> or speeding or anything. >> out with being blocking the EMS area right here to the fire. >> over. >> Okay. >> Because I pulled over. >> Yeah. >> And as to what you're saying is oblivious as to what you're saying. >> Okay. I told you because that you are blocking the fire department right here. >> Why are you keep on talking? If you want to hear what I'm saying, please just listen to me, ma'am. >> matter as to what you're saying is because I'm blocking. >> And have positive control of a motor vehicle while under the influence Ma'am, ma'am. >> I'm going to sit right here, sir. >> Because I don't feel comfortable sitting. >> Ma'am, you are you're you're about to put yourself in handcuffs. >> and listen. >> Please come talk to me. >> Please, bro. We don't need this. We don't need >> You know what? Go ahead and ask her if she's willing to perform these exercises, and let's go through this. >> You were pulled over. >> We stopped so someone can come get your >> Let's go ahead and do the exercises. >> We stopped so someone can get your car. >> Bro, listen. Hush. The both of you guys speaking at the same time is not is not helping. We stopped so that you can get this done and over with. >> Go on. >> Stop. >> What am I getting pulled over for? >> I don't know I don't I don't appreciate >> exercises? Yes or no? >> Exercises, if you can explain to me what the hell is going on because I literally was just pulled over. This officer is telling me Listen, okay. >> for a reason. You were >> Hold on. Hold second. Can I just speak without anybody telling me anything? Listen to me. Okay, so that I literally just walked out of there and about not even a mile away, I'm driving and I pulled over to a fire department and this gentleman here is telling me my rights. And I did not even swerve. I didn't even have So, I'm trying to understand what exactly did I do wrong. What did I do wrong for you to pull me over and tell me that I have to perform a procedure situation. No, because you pulled me over, so you're a cop. Are you Are you Are you done? >> All right, sir. My My best My best choice for you right now My best choice for you to say right now, please listen to me, please, cuz a lot of you just keep on talking over me and it's making me very irritable. And I am a very fair cop. But no, no, don't don't do that. Don't do that. I'm not I would never ask anyone to kneel down or stand down before me. I'm a very polite person. But whenever people continue to talk over me when I'm trying to explain stuff. Okay. >> Yeah. a part of the government. Yeah, I'm not going to say I'm waiting to speak but he just keeps speaking over me. Are Are you going to stop talking? >> Yeah, but when you're when >> Well, I'm trying to talk but you keep talking over me. Go ahead. So, if you're not going to listen, then >> I'm listening. Okay. >> He clearly said I was not here. >> I wasn't swerving or anything. >> Clearly, you're not understanding and clearly you don't want to listen. So, since you don't want to listen, okay. >> No, you guys are hugging and holding and having a drink over here. >> Oh my god, cuz they're hugging and hugging and hugging. >> That's why you wanted to get rid >> There's people that have perversions. There's people that have perversions and situations that are more of a situation. You should be ashamed of yourself on me. You should. This is ridiculous. No, I I should? I save lives. What do you do? >> Same thing. >> You save lives? >> Yeah. >> You save lives? >> Yeah. >> You had the phone, you had the chance to go sit in the car and all that. Can you unlock your phone so I can call somebody, please? >> No, you don't need to call nobody, because they think that they save lives. >> Okay. >> And there's people that are being abused and molested. >> She's about to be placed in handcuffs. >> I don't care. >> Can I talk to you? >> No, nothing, because you have a right to an attorney. No, no, no, no, no. You don't have nothing to say to them. >> They're going to take you to jail. You know that? >> I know, and I I've been trying to execute as much patience as possible right now. >> much as much patience. Don't say nothing. >> Can you stop? Open your phone. Can you open your phone so your dad can Bro, you're going to go to jail. You want to go to jail? >> She's a gringa. >> Do you want to go to jail? >> No, that's fine. That's the way of the world. That's the way of the world. You guys take over Florida like you took over America. >> You're going to go to jail, bro. Can you unlock this phone so I can get your dad to come get you? If she doesn't want to give you the phone, she's not going to give you the phone. 414713 What is your code? >> I don't even know how I don't even find >> not listening. >> I've been standing here and I haven't been aggravated in this situation. >> She doesn't know herself. >> It doesn't matter who she is. She's here to help you. >> No, but she doesn't and you don't >> me. Go with me. One second, sir. What's the code to this phone? Do you know how to unlock the iPhone? >> She has to unlock it. She has to have a code. I don't know her code. >> I don't even have the money to bond her out, bro. She just started nursing, man. >> You're ridiculous. >> I'm sorry, ma'am. >> Don't even touch me right now. >> Stop. >> Don't touch me. >> arrest. >> I'm under arrest for what? >> I already told you. Stop doing that. >> For what? I'm under arrest for what? >> Stop. >> Do not. >> Don't come over here, sir. >> Well, she's kicking me and all that. What am I SUPPOSED TO DO? >> JUST JUST PUT HER IN. >> STAY OVER THERE. You guys are some real pieces of I didn't do nothing. >> She's not a fighter. That's all. >> I didn't do nothing, BRO. I DIDN'T DO NOTHING. And here you are. Here you are watching me when the whole world >> You got her on the side. >> in a problem where the cops >> Stop, ma'am. >> I didn't do nothing. >> Stop. Just pull her through. >> AND HERE YOU ARE. >> PULL HER THROUGH. >> [screaming] >> STOP, MA'AM. STOP KICKING ME. KEEP HIM from coming over here. >> I got him. You're good. You're good. I got him. >> Thank you. Flip her. Stop, ma'am. >> Robbing >> Stop. >> Stop. >> No, I don't care. >> if you >> You, bro. I DIDN'T DO [ __ ] YOU, BRO. I'M TRY WE'RE TRYING TO GO HOME. AND HERE YOU ARE. YOU ARE. I WAS TRYING TO GO HOME, BRO. I WAS TRYING TO I DIDN'T DO NO. >> LET ME EXPLAIN SOMETHING to you. >> 12 weeks pregnant >> Why don't Sir, come look at me. What am I supposed to do when I'm getting kicked? >> I'm trying to >> You saw that. I did not go hard. I didn't punch her or anything. >> Listen, it's all on >> She's kicking. You're right, it is. >> That's it. That's >> I don't I You can't be kicked, sir. You can't kick cops. >> a pregnant woman. >> You can't kick cops. >> When arrest was initiated, the subject physically resisted and kicked the officers. That single decision transformed the entire legal picture. Under Florida Statute 843.01, physically resisting an officer in the lawful execution of their duties by offering or doing violence is a third-degree felony, not a misdemeanor. A felony. Under Florida Statute 784.07, battery on a law enforcement officer is also reclassified to a third-degree felony. The force used to restrain her was evaluated under Graham versus Connor, 490 U.S. 386 1989. The Supreme Court held that reasonableness of force must be judged from the perspective of a reasonable officer on the scene, not with the benefit of hindsight. The subject was actively kicking during restraint. The officers used hands-on control. No intermediate weapons were deployed. Under Graham, that response was proportionate. Now, let's assign grades. The primary officer receives a B. His legal basis at every step was solid. The initial approach, the DUI investigation threshold, the implied consent advisement, and the use of force during arrest. He also made multiple genuine de-escalation attempts, offering to call a ride, deferring to a female officer, offering vehicle release to a third party. That is not nothing. Where he loses points is scene management. The companion's interference went unaddressed for too long. The secondary female officer receives a B plus. She arrived into a situation already elevated and adapted immediately, attempting communication in Spanish, positioning calmly, maintaining a measured tone throughout. Her conduct was professional and her presence was a net stabilizing force on the scene. Minor deduction only because she did not independently advance the FST process after being designated the lead contact officer. The subject receives a D. Her legal questions in the early part of the encounter were not wrong. Challenging the basis for a stop is a legitimate exercise of rights, but from the moment implied consent was invoked, every choice she made increased her legal exposure. Refusing testing, refusing to give vehicle consent, refusing to unlock her phone, and then physically resisting arrest. Each of those was an independent decision. Each carried a legal consequence. The final sentence reflects all of them. The companion receives a B minus. His instinct that night was correct. He made her stop the car rather than drive impaired. That decision was right, but his repeated verbal interruptions throughout the investigation actively impeded the officer's ability to communicate with the subject. Under Florida statute 843.02, that conduct approached the line of obstruction without violence, which is a misdemeanor. He was warned. He is fortunate he was not charged. >> All right, go take a walk somewhere. >> No. >> Yeah. >> I have a right. >> No, you don't have no rights anymore. >> doing? >> Where are you going? Cuz the car's getting towed, so where are you going? All right, so where are you going? >> Good. >> I'm doing me. >> Be gone, please. >> It's all on video. You You as a a bail officer had no right to >> Please, move. >> That's your lawsuit. She's a nurse. The Long Beach Hospital in San Bernardino. >> Yeah. >> She's not just an ignorant She was answering She's pregnant. You put your hands on her, it's on video, man. >> Keep moving, please. >> I'm moving. I don't need to I'm violating nothing. You're on camera for I'm getting my stuff out >> Well, I couldn't I couldn't get her to do anything or listen to anything. >> She's heavy. >> Yeah, she is. Cuz she twisted around my hand. That should hurt. Huh? >> Can I get my phone and my charger? >> Yeah. >> Please, man. I'm I'm sorry, bro. She's just >> Where's it at? It's right there? >> She's just pregnant and she just got her nursing license and like >> What just happened on the way of getting out of >> A whole life, dog. And I made her stop so we can get a ride. This is the safest place to stop. >> All right, but >> You called my 10-70? >> Yeah. >> 76903.2 >> Water, sir. >> This is water. >> 03.2 >> Where's he at? I want to show him that it's water. >> Do you grab yourself so you can go? >> You're You're not You're not here to plead with us because there's nothing to plead with us for. >> You guys do what you do. I'm not being mean. >> Please, whatever you need to get. Come on. >> I'm getting my stuff out of the car. The the truck's not here yet. >> All right, so please get your things and get out of the vehicle. >> All >> Am I going to go to jail for this? No, I'm getting my >> Right now, no. But if I ask you again, you're going to. >> my stuff. >> So, let's go. Please. >> All right, 704 appears actually changed that. I'm going to be 31 straight to the rock. >> Can I have her county check to the jail? Do we need a love note or you got a rowdy one? >> 10-4. >> Can I check? >> I told you she's pregnant. >> All right, you can leave now. >> Can you get your sergeant out here? >> Sure. But you can go ahead and stand on the sidewalk. >> I can get off this property cuz you guys can call your sergeant out. >> Yes, you can. >> I'll go stand on the sidewalk. I'll do that. >> You just left the jetty. >> All right. >> So, I said let's stop and call somebody come get us. >> Uh-huh. >> So, we're sitting here and I haven't seen her in a while. She's 12 weeks pregnant. And we just did over the weekend when she said let's stop and get somebody to come out here. >> Okay. >> So, we're stopped. We're hugging, man. And this cop comes over and he says, "What are you doing blocking this, that, and the third?" I said, "Hey, man, we're we're here for a ride. We're here for somebody to come get us cuz we can't drive." >> Okay, cool. >> And she has issues and she's 12 weeks pregnant. She just started nursing. You know You know what I mean? >> What's her Do you know her badge number? >> She wouldn't want to tell me. >> No. >> I didn't want to tell you that either. >> No, I did tell [snorts] you 100%. >> How hard did you >> You asked for a card. I said I don't have any cards. I don't They're not on me. They're in the car, so >> Oh, they're in the car, but you still have a card. >> Yeah, but I got to >> We're not going to do this, okay? So, I'm giving you a chance to take that vehicle. >> Yes, ma'am, I'm sorry. >> I'm being lenient, so you're not going to be a to one of of officers. I'm going to let you know that right now, okay? >> You got it. So, stop trying to do court right here. Had to get permission from her for you to drive, and she won't answer the question, so you're not taking the car. >> blocked out, bro. >> No, she's she's talking gibber-jabber. Giving attitude. Unless she tells me you can take the car, you can't take the car, so. >> You serious? >> I'm so serious. I can't just release it. >> her? Can I Can I talk to her? >> Oh, she Trust me, I could put her on the phone, but she's not going to talk cuz she >> has issues, bro, and I was trying to tell her >> mental issues, and she's a nurse. >> They got issues. She's in there. You can call the hospital right now. >> Okay. But, go ahead and ask for the next 10-70. All right. Have a nice day. >> No, I have no problem with you. I came out here. I gave you an opportunity not to tow the vehicle, all right? I have to go by step-by-step process. Do I look like I'm a pushover? I asked her, "Can you take the car?" She doesn't want to answer the question for the officer, so that's a refusal to answer the question. That's an It's an absolutely no. Cuz if you take her car, then she said, "I never gave her permission to take my car." It comes back to me, and then you get in trouble. So, at the end of the day, I tried my best to get You know, I'm not giving you attitude. I'm just trying to make what's benefit for for you guys instead of having to pay a 300 and something dollar bill. But, if she doesn't want to refuse to answer the question. >> more time and you forgive me for something? >> I forgave you, but I I I have other things to do. I'm not going to sit here and babysit the car. Okay? >> Before we wrap up, this footage raises five legal points worth understanding clearly not because they are complicated, but because most people in situations like this one get them exactly wrong. Here is what the evidence actually teaches. Lesson one. Actual physical control is not the same as driving. Florida statute 316.193 does not require observed impaired driving. If you are in the driver's seat with your keys, and the car can be moved, you are in actual physical control. That is enough for a DUI investigation to begin. Lesson two, implied consent is not optional. The moment you accepted a Florida driver's license, you consented to sobriety testing under Florida statute 316.1932. Refusing does not avoid the consequences, it creates additional ones, including a criminal charge on a second refusal and evidentiary use of the refusal at trial. Lesson three, Miranda does not attach at the moment of questioning. Under Berkemer versus McCarty, 468 US 420, you are not entitled to Miranda warnings during a roadside investigation. Miranda becomes relevant at arrest. Asking for a lawyer before that point does not pause the investigation. Lesson four, physical resistance during a lawful arrest is a felony in Florida. Under Florida statute 843.01, offering or doing violence to an officer during a lawful arrest is a third-degree felony. It is not an expression of disagreement with the arrest. It is a separate crime and it will be charged separately. Lesson five, the right to remain silent extends to your property. The subject was not legally required to unlock her phone or consent to vehicle release. However, exercising those rights came with real-world consequences. The vehicle was towed, the investigation was not softened, and the refusals were documented on camera. The outcome of this case was 60 days in jail, 2 years of probation, 50 hours of community service, DUI school, a victim impact panel, 10 days of vehicle impoundment, and a 6-month driver's license suspension. That outcome was not inevitable from the moment the officer walked up to that car. It was built one refusal at a time. If this breakdown helped you understand how Florida's DUI and implied consent statutes actually work in the field, let us know in the comments what interaction or legal topic you want us to cover next. Give this video a thumbs up if you found the analysis useful, and subscribe to our channel so you don't miss future breakdowns.