Lynette, you're going to be under arrest for DUI. >> I'm not I'm not under >> You are definitely going to be under arrest for DUI. My question is, you're going to provide me with a sample of your breath and possibly your >> I I'm not under the influence. >> That wasn't my question. Manette, are you going to provide me with a sample of breath? >> Yes. >> Excellent. Not sure. >> Can I not be under d under >> under duress? >> Under arrest. >> I think being under arrest is under duress. >> I was doing everything right. >> You were doing it. >> Just please go. >> I'm sorry. I have not been drinking. Please let me just go home. I'm just begging you. Please let me just go home. >> Please. Please let me just go home. Please. >> On February 26th, 2023, a woman crashed into a parking structure and left in handcuffs. This DUI arrest rested on a tramodol admission, an open container, and field sobriety tests with reliability problems. The core question is not whether she drove poorly. The question is whether the evidence, given her medical conditions, was sufficient to convict. That is what courts are required to decide. >> I was going to call it in. We were getting ready to go in and go shopping. While we were outside, a woman and her son saw this and told us >> we have our keys. >> Okay, that >> ma'am, do you have your ID with you? Can I see it? >> I'm sorry. I'm just going for food. >> You're going for food? >> Yeah. >> Okay. That's a That's your Visa debit card. >> I need your ID, your driver's license >> right here. >> You okay? You injured at all? Okay. >> 423. Copy. 21050 Memorial Island way. >> First one's going to be Quebec Hotel. >> All right. >> The fire department's going to check you out. Okay. >> Hyundai uniform. I said Memorial Way. Memorial Island. >> Hello. >> Hello, dear. >> What's going on tonight? >> She gave you any information at all? >> No, she's just trying to get food. >> Are you hurting anywhere? >> Is she uh like alcohol? >> Definitely not. She has no point to dain anymore. We're just waiting for another. >> Thank you. >> Well, can I check you out real quick? >> Okay. >> Hey, so are you hurting anywhere right now? >> No. >> No. Okay. >> Yeah, I'm going to need you real quick. All right. What? What? What happened? >> What happened? >> Okay. So, you made a little you made a little error while you were driving and you ended up crashing into the cart thing over here. >> I didn't think I did. >> Okay. >> I'm sorry. You're >> And you're sure you're not hurting anywhere, right? And I know we're here on your head. How about here? >> You have his information. He's the wheel. >> Okay. Well, my partner over here is going to grab your blood pressure real quick. Okay. You made up this arm. Just like that. But not be able. >> Where are the keys? >> I got >> Okay. Did she have them when you contacted her? >> She had one. >> Okay. >> I was on the phone and she was trying to get back into the car and that's when I came over. I said, "I to take your keys out. >> She took them out right away. Very complant. But >> we were pulling in to go food shopping. As we came in, there was a a woman and her son were saying, "Can you call 911?" 911. This woman just crashed into the recovery. >> No, she's not here. They drove away in a white Camaro. >> So she said, "Call 911." So we call she the car and they drive away. So now I can't hang up, you know. I'm like, well, now I see what's going on. I can't, you know. So I'm like trying to talk to the dispatcher all the way through right now. She said, see, I see a woman and looks like she's intoxicated. She was outside the car. She's trying to get back in. I'm going to go over to the car. >> You know, can we get an officer here? Thank you. That's all the information I really know about it. >> I appreciate that. >> I don't know if she >> So you saw her get out of the car or when did you first see her? When I first saw her, she was already >> outside of the car with the door open and she was getting ready to get out of the car and that's when the woman was talking to me. As she was talking to me, I was trying to watch what was going on over here. Um, then she was outside of the car kind of just doing one of these things. >> And then when she got back in, that's when I thought she's going to try to, you know, maybe try to get out of her get back in. Okay. And then that's when you had her give you the keys. Correct. Okay. >> Everybody's made mistakes before, right? I'm always trouble. >> Think this this could be a blessing in disguise because we're lucky that that this wasn't worse over here. >> I'm not that person. I'm not. >> Okay. Well, prove it to yourself. So it was the first pressure we got was like 214 and something which is like I mean even even for someone being hysterical crying that's still that's still pretty concerningly high. So uh sometimes these these things can give wonky readings. So we're giving it another chance to see if it's accurate. We're also going to triple check with a manual which is way more accurate. So, because trust me, I I understand she doesn't need to go. I understand. But if she's got her blood pressure that that that's dangerously elevated and if it stays sustained that high. >> What's that? Oh, yeah. >> I got you. >> I guess 224 to 168. So, he he's going to get a manual. That bottom number is like extremely high, too. >> Yeah. I mean, if that bottom number that >> her legs are also crossed. >> Oh god. >> Her legs are also crossed, guys. >> Her legs are also crossed. >> We could try on crossing. I don't think that's going to affect that one. No, I don't think you're going to stand up. >> Uh, try just have her face. >> Yeah, we actually >> So, um, we took a pressure significantly lower. >> Lynette, don't take your medicine right now. >> What is it? >> Significantly lower. >> It's a what? on our on our automated machine. It was jacked up right through the >> concerningly enough. >> So, this is just for the >> Oh, I see. >> This is for your water, which is more accurate. >> It's a lot lower than we >> So, this is just to cut down on the water on your body. >> All right, Christine. >> That's fine. >> So, we we retook your blood pressure manually, which is way more accurate. It was a lot lower than we thought it was. So, you can you can >> you can relax now a little bit on that. Okay. There's no way I can go 200 and then not be the best hospital. >> Okay. So, listen. What I'm going to need you to do for me real quick is just sign this for me saying that we came and we checked you out and that you did not want to go to the hospital today. All right. Oh, that's perfect right there. And then would one of you gentlemen mind signing as a witness? >> So, if you want to just type it, it's up to you. >> Yeah. I'm arriving on saying out loud right there. >> Is that just Juice or is there alcohol in there? >> No. >> Okay. >> All right. Lynette, listen. Lynette. >> All right. My name is Officer Styers. Okay. >> My whole job is just make sure that people are safe to drive. Here. What are you doing? >> I'm scared. Go to the store. >> Okay. No, you're not going to go to the store. >> I'm going to go to the store. >> Lynette, listen. So, the crash investigation's over. They already finished that. I'm going to be doing a DUI investigation. Let me read you this. You have the right to anything you say can will be used against your law. >> Do you understand what that means? >> Yes. >> Okay. Listen, you're under arrest right now. I just want to have an honest conversation with you. >> All right. What's going on today? I just want to go to the store. >> You what? >> I just wanted to go to the store. >> Okay. >> I wasn't drinking. I wasn't doing anything. >> You what? >> I wasn't drinking. I'm just upset. >> You were You weren't drinking any like margarita drinks or anything? >> No. >> Okay. What did you take then? >> Nothing. I've been sleeping most of the day cuz I've been having to take >> Well, I'm going to go on. I've been sleeping. >> Are you taking medication for that? Tramodol. >> Tramodol. Okay. And how much of that did you have? >> I don't know. I like three or four of them. This is hurting so bad. >> All right. So, you had a bunch of >> alcohol. >> Okay. I just want to make sure that you're safe to drive. Okay. Cuz you you crashed into a parking stall. That's concerning. >> Crash in a parking. >> No, you you crashed in a parking stall. It's right there. >> Okay. So, I have to make sure that you're okay to drive. Does that make sense? >> Okay. Okay. Let's do this. Do you mind if I check your eyes? >> I'm so tired. >> All right, Lynette, do you mind if I check your eyes? Make sure you're okay to drive. >> All right, come over here real quick. Let go of your car >> here. Don't hold on to your car here. Put your feet together, your hands by your side. >> Here. Heels and toes touching just like mine. >> I'm just tired. >> You see the tip of the spin right here? >> Yeah. >> Follow that with just your eyes and don't move your head. Do you understand what I'm asking? >> Yeah. Yeah. Yeah. Keep right here. What's that? >> All right, I'm going to go up. >> Thank you. >> 423. You got that? >> Keep your eyes on it. Okay. >> Right here. >> All right. Now, I'm going to do is I'm going to go in a series of small circles. I'm going to come in the middle like it's going to touch you, but I promise I'm going to touch you. Okay? Your eyes are going to feel like they want to cross. Just let them do whatever they do naturally. Right here. Here. Heels and toes. Touch you. Keep your feet together. All right. Right here. updated plate. Thank you. >> Okay. Would you be willing to do some exercises with me? Just make sure you shake the drive. Nothing crazy. Just some walk and turn, some balance stuff. >> All right. So, what we're going to do is we're going to go to the front of this car over here and then I'm going to get set up and then we'll do the exercises. Okay. You walk over here and lean on the front of that car. >> Who's the car? >> That's me. Move up back up a little bit. I'll just use this line right here. Okay. All righty. Stars, do you need anything else? Do you need anything else? All right, then. Come on over here. Okay. What are we going to do? We're going to go to this the front of the line over here. Some simple questions. Do you have any physical defects? Any surgeries? Anything like that? >> I had a >> When was that? >> Like two years ago. >> Two years ago. Does it affect your ability to walk? >> Sometimes. >> Sometimes. I understand what it is. That's what I'm saying. Does it affect your ability to walk or function? >> No, I don't think so. >> Okay. >> Are you currently sick or just a function? All right. Are you currently sick or injured? >> All right. Are you taking prescription medications? >> Yes, sir. >> Huh? >> No. >> No. No prescriptions? >> No, sir. >> What was it that you just took? >> The hydrochloroioide. >> I had traumadol earlier because my toothache. >> Okay. And you said you had three of those. Do you know what milligram they are? >> 100. >> 100 milligram. Okay. And what time was that? >> I don't know about like noon. >> Noon. Okay. Do you know what time it is right now? Five. >> Can you guess five? >> Five or six? Yeah. >> Five or six. Okay. And what else did you have today? >> That's it. >> That's it. Okay. Why do I smell alcohol coming from you? >> I don't smell I don't have any alcohol. I haven't had any alcohol in a year in a long time. >> Okay. So, what's the margarita that's sitting in your center console? >> That's different. That's like a little tiny bit of alcohol. >> That's just a little tiny bit of alcohol. So, that that alcohol doesn't count. >> Okay. So, how much alcohol have you had that didn't count? >> That that >> that just that? >> Yes, sir. >> That's in your center console right now. >> Yes, sir. >> Were you drinking that while you were driving? >> No, I had before I drank. >> You had that before you drank? >> Before I drive. >> Before you drive? >> Yes, sir. >> Before you drove? >> Okay. So, you had the Tramodol and you had the little alcohol. That doesn't count. And what else? >> That's it. >> That's it. >> Are we sure? >> Okay. So, next question is, are you diabetic? Do you take insulin? >> Yes. All right. Do you wear glasses or contacts? >> Yes. >> What? >> Glasses. >> You need glasses to see like all the time or just for reading or? >> Yes. I have one contact in. The other one is not working. >> The other one's not working. >> Mhm. >> Or it's just not in. >> It's not in. It's not working. >> It's not in and it's not working. Okay. Are they soft or hard? >> Hard. Soft. Sorry. >> They're soft. Okay. Can you see the line in front of us? >> Yes, sir. >> Okay. Uh, what's the highest level of education you've completed? >> I have my ABD. You're ABD? >> I'm PhD in doctorate. >> You have a P PhD in what's that in? >> English. >> You have a PhD in English. Okie dokie. Uh, so alcohol in the last 24 hours about how much? >> Just that what you saw in this >> the margarita? >> Like a 5% alcohol if that? Yeah. >> Okay. >> Very small about It's very small alcohol. I consider myself sober. >> You consider yourself sober? >> Yes. because I only have had a little tiny bit and it's only been stuff I can purchase at like Publix and stuff like that. I've not gone to the >> Okay, so the hard stuff doesn't count. That's fair. Uh, so what about drugs, narcotics, THC, anything like that? >> No, sir. >> Excellent. All right. Do you want to keep your shoes on or off for this exercise? >> On is fine. >> On is fine. Okay. What you're going to do, you're going to put your left foot on the line just like mine. Go ahead and do that. Put your right foot in front touching heel to toe. Just like I am here and keep your hands by your side. What are we doing? No, no. Just follow the directions step by step. Okay. Go ahead and go back to the beginning of the line and then put your left foot on the line and your right foot in front. Left foot on the line, right foot in front. Touch heel to toe. All right. Hands by your side and stay like that while I give you the instructions. Okay. Go and put your hands by your side. All right. So, what I'm going to ask you to do is take nine heel to toe steps down the line. Turn around just like I show you and take nine heel to toe steps back up the line. >> All right? Don't step off the line. Touch heel to toe on every step. Don't use your arms for balance. Once you start, don't stop for any reason. Okay? Then, when you walk, you're going to look down at your feet and you're going to count each step out loud. >> All right. >> All right. So, what it's going to look like >> one. >> Oh, not don't start yet. >> Two. >> No. Like I said, don't start yet. I'm going to show you. Okay, go ahead and go to the beginning of the line. Left foot on the line, right foot in front. Left foot on the line, right foot in front, heel to toe. We're getting there. All right. So, left foot on the line, right foot in front, heel to toe. Hands down by your side just like I am here. Okay. So, when you walk, you're going to look down at your toe and you're going to count each step out loud. You say 1, two, three, all the way to nine. Go ahead and when you get to that ninth step, leave your lead foot on the ground. Take a series of small choppy steps. Turn around. Walk back up the line. 1 2 3 all the way to nine. Okay. So, it's nine steps down. Turn around just like I showed you. Nine steps back up. Do you understand the instructions? Do you have any questions? All right. When you're ready, go ahead and begin. 3 4 5 6 7 8 9 Okay, what we're going to do now is called the one leg stand. All right, for the one leg stand, what I'm going ask you to do is stand with your feet heels and toes touching, hands by your side, and stay like that cuz I want to explain the exercise and I want to show it to you. Does that make sense? Okay. So, when I ask what I'm going to ask you to do is whichever leg you're more comfortable with, you know, lift that foot 6 in off the ground, point your toe like you're going to crush a soda can. Go ahead and stay in the start position. Okay? Heels and toes touching. There we go. Stay just like that. Don't start yet. Go and put your foot down, Lynette. Watch me and listen. So, you're going to look down at your foot. You're going to count thousand 1,002003 so on and so forth until I ask you to stop. Don't use your arms for balance. Don't put your foot down. >> Okay? >> Try not to sway and don't hop on the foot you leave on the ground. >> If your foot does fall, get your balance. Continue where you left off. 10,0004 105,000 6007 so on and so forth until I ask you to stop. Do you understand the instructions? >> Yes, sir. >> Do you have any questions? >> Yes, sir. >> All right. Heels and toes touching. Which foot are you going to lift? So, you're going to lift your right and keep your left foot planted. Okay. Just a moment. All right. When you're ready, go ahead and begin. >> 3 4 5 6 to 7. >> Should I switch or just keep same one? >> Just as I instructed. Okay. What number did you reach? >> Six until I started wobbling because that's >> fair enough. >> She admitted taking 3 to four 100 mgram tramodol tablets around noon, 5 to 6 hours before the crash. Under the Controlled Substances Act, 21 USC section 812, Tramodol, is schedule 4. Its sedative effects remain active past the 5-hour mark. She called the margarita in her car a little tiny bit that doesn't count. Under DUI law, it does. Tramodol and alcohol produce synergistic central nervous system depression, and no statute exempts small alcohol amounts when a schedule 4 depressant is already present. The open container added a separate charge. Under state codes modeled on 23 USC section 154, an open alcoholic beverage in the passenger compartment is illegal regardless of impairment. That offense is independent of the DUI. Miranda warnings were given when the officer shifted to a DWI investigation. Under Miranda versus Arizona 384US436, the trigger is custodial interrogation, not formal arrest. The subject was not free to leave, and the officer recognized that threshold. Before testing, she disclosed four conditions, a prior lower body surgery, a traumatic brain injury, insulin dependent diabetes, and one functional contact lens. Under the NHTSA standardized field sobriety test manual, each is an exclusionary or mitigating factor for balance-based exercises. Diabetic neuropathy impairs balance independently of any substance. A traumatic brain injury affects coordination. Moninocular vision compromises horizontal gaze nestagmas reliability. NHTS a protocols require officers to document the decision to proceed when these conditions exist. That documentation was absent here. On the walk and turn, two or more NHTS a clues predicts a blood alcohol at 0.10 or above. She showed multiple, but her prior surgery offers a credible alternative. Under Dalbert versus Mel Dao Pharmaceuticals 59US579, field tests run over documented exclusionary conditions face serious admissibility challenges. Despite the field test problems, the arrest held under Illinois versus Gates 462US 213. Probable cause is the totality of circumstances. The crash, the odor, the tramodol admission, and the open container together cleared that bar. On implied consent, the officer handled it correctly. Under Birfield versus North Dakota, 579US 438, a breath test incident to a lawful DUI arrest needs no separate warrant. She consented, which was the legally sound choice. >> Let's try this. All right, >> feet together. Mhm. >> Close your hands and put your index fingers out. >> All right. Stay just like that. >> Okay. >> I'm going to show the exercise. I'm going to explain it to you and show it to you. So, don't do anything until I ask you to. Okay. So, when I ask you put your head up or you close your eyes and whichever hand I call out, you're going to lift that hand up. Touch tip to tip and back down. >> Okay. >> Okay. When I say the tip of your finger, this is the tip of your finger. It's not the pad or the sides, the tip of your finger. >> If this was your notes, tip to tip, hand back down. It's not the top, bottom, or sides. Okay? Just the tip. Tip hand back down. >> Yes, sir. >> All you have to do for this exercise. Do you understand the instructions? Do you have any questions? >> No. >> Okay. Lift your head up in the air and close your eyes. Keep them closed. >> Left. That's hand up, hand back down. >> Do I lift my hand my foot up? >> You lift your foot up. >> Do I lift my foot up or just my hand? Just as I instructed, just your tip the tip and hand back. >> Do you need the instructions again? >> It's my TVI. Sometimes I can't Sometimes I can't remember things. >> I understand. So, let's do that. >> Sorry. >> Heels and toes touching just like mine. >> Keep your hands just like they are. >> Just my hands. >> Yeah, those are your hands. Okay. >> Those aren't mine. Those are yours. >> No, it's just my hands. >> I understand. So, you're not going to do anything with your feet. Just keep them together. >> Okay. That's what I was asking. >> When I ask, you'll put your head up. You close your eyes. Whichever hand I call out, lift that hand up. Tip of the tip, hand back. >> I'm sorry. I thought there was a foot up as well. >> Nope. That was the last exercise. This is just the finger to >> All right. Got it. >> So, tip of your finger, tip of your nose, hand back down. That's all you have to do. >> Okay. >> Keep your eyes closed. Do the whole exercise. >> Thank you. >> Understand? >> Yes. >> Any further questions? >> No. >> Okay. Go ahead and put your head up and close your eyes. Left. Remember, hand up, hand back down, right, left, right, right, left. Okay, go ahead and relax. We're going to do one more exercise. Okay, for this it's called the modified rumba. For this, keep your feet together just like they are, hands by your side. This is going to seem kind of silly because it's real simple, but when I ask you put your head up, close your eyes, and you're going to estimate the passage of 30 seconds. So, when you believe that 30 seconds has elapsed, you'll put your head down, open your eyes, and say the word stop. That's all you have to do for this exercise. >> Okay? >> Do you understand the instructions? >> Yes. >> Do you have any questions? >> Yes. >> Okay. Just a moment. >> All right. When I ask, go ahead and put your head up. Go and put your head up. Keep your eyes closed and begin. Okay. All right. Do you have any weapons or anything on here? Check real quick. >> No. >> All right. Lynette, you're going to be under arrest for DUI? >> I'm not I'm not under. >> You are definitely going to be under arrest for DUI. My question is, you're going to provide me with a sample of your breath and possibly your >> I I'm not under the influence. That wasn't my question. >> Are you going to provide me with a sample of breath? >> Yes. >> Excellent. >> Not sure. >> Can I not be under dur under >> under duress? >> Under arrest. >> I think being under arrest is under duress. I I was doing everything right. >> You were doing it. >> Just please go home. >> I'm sorry. >> I have not been drinking. Please let me just go home. I'm just begging you. Please let me just go home. Please. Please let me just go home. Please. What can I do to not go? What can I do? >> What? What do you mean? >> I just want to go home. I just want to go home. I just WANT TO GO HOME. PLEASE. >> Three future me. >> I'm begging you. >> You know, >> I'm begging you to please let me just go home. I have not been drinking. I just under Tramodol because of a toothache and that's it. I promise you. >> Okay. Is there anything I can do? Please. >> Unfortunately, at this time, there is not. >> Please, I don't want to go to jail. I don't. I'm begging you. I'm not a bad person. I just had TML from my root canal was hurting me so bad. >> I'm not sick or a bad person. No one's sick or a bad person. >> PLEASE LET ME GO HOME. I don't want to [laughter] go to jail. Please, let let me just go home, please. Please. You're >> on it. All right, Lynette, come on over here, please. >> You come back in the morning. >> Why would you come home back in the morning? >> Why wouldn't you be back right now? >> I want to be here. >> I don't think everybody wants to be here, but why wouldn't you just be here now? I'm begging you to please let me just go back. >> Come back in the morning for what? >> You can't do anything. Just come back in the morning. Please. I don't want to be here overnight. Please Lynette. I'VE NOT BEEN DRINKING. I promise. >> Okay. Well, you understand. You can get a DUI for other things, too. >> I guess I understand that. Please let me go. OH, I WILL DO IT. >> WHAT if What if you hit a person today instead of a parking stall? >> I didn't think I did. I'm so sorry. >> I didn't say you did. I said, "What if the what you hit today was a a human instead of just a piece of metal? I wouldn't. >> Okay. You see why that's done? Yes. I wouldn't have done that though. >> Why would you Why would you get a parking stall? >> Please. >> Does that make sense? >> You understand what I'm saying? >> I do. I do. >> You can think I would never do that. However, you done did that >> and that's concerning. >> I'm sorry. >> And so, for that reason, that's why we're in this current juncture. >> I just want to go. >> But going home is not a that's not a thing. >> Please go home. I will do whatever you need me to do. I'll do whatever classes you need me to take. I just want to go home. I just want to go home. >> Lynette, have you had a DUI before? >> No. >> Then why are you asking me about classes? >> Because I don't want to go. >> Have you been arrested before? >> What was that for? battery which was dropped because they realized it was it was so >> okay [laughter] recently I'm a good person [laughter] I'm a college professor I I >> What do you teach? I can't. Please, I'm just asking you to let me. [laughter] I'm not a bad person. I really am not. >> I'm just asking you. Please like go home, please. Did you take off another? We're not going to eat at all. >> I appreciate your presence. But yeah, we're uh 186. Sorry. >> You're gonna have to go out >> unless you stand right off. You >> are not like >> Officer Styers receives a B+. His Miranda timing was accurate. His interview technique was open and effective, and his deescalation was professional throughout. The deduction, no documentation of whether her four medical conditions invalidated the balance tests, which is an exploitable gap at trial. The subject receives a C. She cooperated, did not resist, and consented to the breath test, but she drove after 3 to 400 mg of Tramodol combined with alcohol, crashed a vehicle, and initially denied drinking. The law measures conduct, not intent. This footage teaches five things every driver should know before a DUI stop. Each maps to a decision made in this parking lot. Knowing them in advance determines how encounters like this end. Lesson one. Miranda attaches at custody, not handcuffs. Under Miranda versus Arizona. Once you are not free to leave and questioning begins, your statements are admissible. Most people cross that line without realizing it. And what they say there is what prosecutors use. Lesson two, a valid prescription does not defeat a DUID charge. State statutes treat impairment from any substance prescribed or not as satisfying the impairment element. Admitting you took a schedule 4 opioid before driving is not a defense. Here it established probable cause. Lesson three. Medical conditions complicate the prosecution but do not prevent arrest. NHTS a protocols require documentation when balance tests are run despite exclusionary conditions. When that step is skipped, defense attorneys argue the results are unreliable and courts have agreed. Lesson four, an open container is an independent charge that survives regardless of the DUI outcome. Under 23 USC section 154, an open alcoholic beverage in the passenger compartment is illegal regardless of impairment. The two offenses are charged separately. Lesson five, refusing a breath test under implied consent triggers automatic penalties. A first offense refusal typically means a one-year license suspension, and in most states, the refusal is admissible as consciousness of guilt. Consenting is almost always the better call. Every outcome here was set before officers arrived. The Tramodol admission built the DUID case. The open container added a parallel charge. Miranda timing made the interview admissible. The medical conditions weakened the field tests. One decision triggered all of it. If you want more breakdowns like this with real case law, specific statute numbers, and honest grades, subscribe to our channel. We cover these encounters with the legal analysis most commentary ignores.