I'm just going to read this to you, okay? And >> I know. >> give you the opportunity. No, no, no, it's not your Miranda rights. Okay? Um I just wanted to let you know that the refusal to perform the field sobriety exercise >> I won't do the field sobriety test. >> You're going to have to sit down. >> So, I >> You're going to have You're going to have to give her a minute, okay? >> Why? >> Because I said so. >> Hans, Hans, >> hear what I said? >> Sit down. >> Listen, sit down, please. >> What do we do? >> Hans, sit down. >> Listen, sit down. >> Hans, say nothing. Hans, be quiet. Sit down. >> Can you sit down? >> Hans, say nothing. Sit down. >> Hans, keep your mouth shut. >> go to jail? >> No. >> Then sit down. >> On the county line. >> All right, don't move again. >> But Hans, say nothing. >> Can you stop? She's Listen, stop. >> I get it. I get it. >> Stop. You're You're I don't know you're There's people right here that you're waking up. Hans, did you hear what I said? >> Hans, Hans, say lawyer. Hans, say lawyer. >> Literally are waking these people up. Have some respect, at least for them. >> Hans, lawyer. >> She's a grown adult. >> 11:13, copy Indian. >> It's fine. We've done nothing wrong to them. >> Okay. >> Any refusal to perform the field sobriety exercise can be used against you in any future court hearing. Do you understand that? Okay, I'm going to ask you one last time. Are you willing to perform a series of exercises >> In the Florida Keys, a curb strike and erratic lane weaving brought officers to a DUI investigation that raised three concrete legal questions. What can be compelled, what can be searched, and what a refusal costs in court. >> Guys, you guys hit the curb really hard. >> We're trying to get back to our condo on Coco. >> Okay, I just really worried. You guys You guys hit the curb there really hard. >> I know I did hit it really hard. >> Oh my gosh. Okay. >> get it back to Cocoa? >> Yeah, yeah. Do you need any medical attention, anything like that? >> No, I'm perfectly fine. I can drive it back to Cocoa. >> Okay. All right. Here, let me let me come over here on this side, okay? >> It's too tall. Possible signal one. >> Do you have your driver's license on you, ma'am? >> Yes, I do. Uh It's back here. I just moved here from Washington. >> Washington state or Washington D.C.? >> Washington state. >> Oh, awesome. How long ago? From Washington state? >> Like last month. Sorry. >> No worries, no worries. Like I said, I just want to make sure you're okay. You said you don't need no medical attention, anything like that, right? >> good. >> Can you keep grabbing your uh driver's license for me, please? Thank you. >> I will try. >> Sir, what about you? Do you need any medical attention? >> No, I'm fine. >> No, we do not need medical I just got my Florida license. >> Oh, nice. >> Sorry. >> It's okay. Yeah, I get it. It's a little snug in there. Okay. Oh, it's spring loaded. Yeah, no worries. Do you have the registration for the vehicle and for the insurance? >> got it. >> Awesome. Yeah, if you could just grab that for me. >> Everything? Here you go. >> Thank you very much. And the registration? This This the insurance. I need the registration as well. >> I don't know. We just moved here from Washington. I don't know if that's registration or not. >> All right. If you just want to hang tight for a second. >> You okay? >> Huh? >> You You're having a medical emergency, anything like that? Problems with the car? >> No, I'm good. >> Okay. Okay. Well, my partner was worried about you because you hit a curb. So that >> I'm not from here, so >> Where you from? >> Washington state. >> Washington state, okay. Did you guys give him your driver's license? >> Yes, I did. >> Where are you guys staying? >> Uh We got a condo we're going to >> No. >> You know what? Come here. What's your name? >> My name is Jennifer. >> Jennifer, come step out of the car and talk to me. >> I got it. >> You can stay in the car, sir. >> I don't know condo on Hope looks Just right up here. >> Do me a favor and leave your purse there. Okay. >> Yeah. I know. >> Okay. Now, here let me check you and make sure I'm just going to pat you down really quick, okay? Turn around just to make sure you don't have any weapons on you. >> I don't have any weapons. >> Put your hands on the car. Okay. Mama, put your hands on the car. I'm not >> You can search me. >> Okay. >> Florida statute section 316 defines three DUIs driving while normal faculties are impaired by alcohol. That is an impairment standard, not a blood alcohol threshold. A breathalyzer is not required to make a lawful arrest. Observed erratic driving and visible physical admission of drinking are each recognized as indicators under that statute. All three were documented on camera. The probable cause here is not a close question. Ordering occupants out of the vehicle was constitutionally authorized. 1977 covers the driver. Maryland versus Wilson, 1997, extends that to passengers. Neither requires additional justification beyond a lawful stop. >> Okay. >> Don't touch the >> Car was like this. >> What do you got? >> I have zero weapons. >> Hit hit the right fog light three times on the turn lane, one time prior before turning to the gas station. Go ahead. Then she crashed into the curb. >> That's out of the roadway. >> What curb? >> Copy, thank you. >> Right over here, 85th. A little bit before before 84th. All right. What was your name again? >> Jennifer. >> Jennifer, okay. Um where were you heading from tonight? >> Um from Marathon to uh our condo on Bonefish Towers. >> On Bonefish, okay. But um okay, so we're in Marathon, I mean like where were you at prior to this? >> I don't really know where I live. I don't really know. I don't come down here often. I'm from Washington state. >> No, I get that. I get that, but I'm saying >> I don't really know where I'm at. >> Right, but I'm saying I'm saying where were you at a school, were you at a park, were you at a house, were you at a restaurant, were you >> I was just hanging out with my husband. >> Where were you guys hanging out at? >> Um, we were over by Brass Monkey. >> Monkey, okay. >> Yeah. >> So, just have a seat right on this curb right over here, okay? Right here. Okay, have a seat right there. >> sit down. >> Okay, well, I'm asking you to sit down because we're trying to >> down. I can stand. I'm fine. >> No, you're not. You're very impaired. You're swaying from side to side. I don't want you to trip and fall. >> impaired? >> Jerry. You're You're not in any trouble, man. Just hang out. Thanks, man. If you didn't have that many and and you're okay, then you're okay. >> We're just trying to go home. >> Absolutely, so and I want you guys to get home, too, so how many how many drinks were they? >> 52 cans. >> A couple. >> A couple. Well, how How much do you consider a couple? >> Two. >> Two, okay. That's what I consider a couple. Um, and what type of drinks were they? >> Uh, Malibu and soda. >> Malibu and soda, okay. >> Yeah. >> Like soda water? Something like that? >> Yeah. >> Okay. And Malibu, you're talking about the rum, right? If I'm not mistaken, Malibu rum. >> Mhm. >> Okay. You said you had two of them. How How long ago did you have them? >> I don't know, 2 hours ago? >> 2 hours ago, okay. >> We're just trying to go home. >> Absolutely, and I'm trying to get you home, okay? So, listen, um, ba- based off of the driving pattern, um, swaying, stuff like that, I just want to make sure you're okay to drive, stuff like that, okay? >> Yeah. >> Would you be willing to perform a series of exercises to dispel my belief you're too impaired to operate a motor vehicle? >> No, I'm not. >> No? Okay. You just want to hang tight with my partner real quick. I'll be right back, okay? >> Hi. What's your name? >> Jennifer. >> Jennifer. I'm JC. Who's that gentleman? >> That's my husband, Jerry. >> Husband, Jerry. Okay. Where do you guys live at? You said You said you're trying to get home. >> here from Seattle. >> Okay, but wait. You said you were going home. Where's Where's home? >> We got a condo over here on Bon French Drive. >> Got you. Okay. >> Hans, they took me in. You call my daughter tomorrow. My phone's in my purse. Call Harmony and you don't tell her. You just say we didn't make it down. All right? >> Okay. So, >> Yeah. >> I'm just going to read this to you, okay? And >> I know >> give you the opportunity. No, no, no. It's not your Miranda rights. Okay. Um I just wanted to let you know that the refusal to perform the field sobriety exercise >> I won't do the field sobriety test. You're going to have to sit down. >> Sir, >> you're going to have You're going to have to give her a minute, okay? >> Why? >> Because I said so. >> Hans, Hans, >> What did I say? >> Sit down. >> Listen. Sit down, please. >> What do you mean tell me to sit down? >> Listen. Sit down, please. >> Hans, say nothing. Hans, be quiet. Sit down. >> Can you sit down? >> Hans, say nothing. >> Hans, keep your mouth shut. >> to go to jail? >> No. >> Then sit down. >> On the county line. >> All right. Don't move again. >> But Hans, say nothing. >> Can you stop? >> Hans, say lawyer. >> She's Listen. Stop. >> I get it. I get it. >> Stop. You're You're I don't know. You're There's people right here that you're waking up. >> Stop. Hunt, say lawyer. >> what I said? >> Hunt. Hunt, say lawyer. Hunt, say lawyer. >> Literally are waking these people up. Have some respect, at least for them. >> Hunt, lawyer. >> She's a grown adult. >> 11:13 have a good night. >> All right. We've done nothing wrong to you, man. >> Okay. >> Any refusal to perform the field sobriety exercise can be used against you in any future court hearing. Do you understand that? >> Yes. >> Okay, I'm going to ask one last time. Are you willing to perform a series of exercises to dispel our belief? No. >> at all. >> Okay. All right. Change your mind, you can. >> The pat down is where the analysis changes. Minnesota's a separate legal basis for a weapons frisk, specifically a reasonable articulable belief that this person is armed and presently dangerous. Suspected intoxication alone does not supply it. On camera, no officer stated a specific reason to believe this driver was carrying a weapon. That gap is a Fourth Amendment exposure. Evidence recovered during an undocumented frisk is vulnerable to suppression in a pretrial hearing. The roadside admissions are a different matter. Berkemer versus McCarty are noncustodial. Miranda does not apply. Voluntary statements made at the roadside are admissible, and here they were entirely voluntary. Florida's implied consent law, Section 1332, covers chemical tests only. It does not apply to voluntary physical exercises. Refusing field sobriety exercises carries no automatic license suspension under Florida law. State versus Bender, Florida 1975, established that declining field sobriety exercises is admissible at trial as evidence of consciousness of guilt. The jury is told the defendant had the opportunity to demonstrate sobriety and declined. The passenger's a partial reading of the Sixth Amendment. That right attaches upon formal custody, not at a roadside stop. Invoking it here did not halt the investigation and did not prevent arrest. It's only real effect was discouraging further self-incrimination. The case resolved as a DUI charge with enrollment in Florida's Back on Track Diversion Program, available to first-time offenders with no accident or injury. Completion yields withholding of adjudication. No formal conviction enters the record. >> Do you have somebody that can be here in the next 20 minutes to pick up the vehicle that's sober? >> No. >> Okay. The vehicle's getting towed, okay? >> But they can't drive that tire No? >> That's fine. I mean, even then >> That tire >> Um do you want to search her real quick cuz I think he wants to search her. >> Yeah. >> I'll search her. >> I don't do that, sir. I have [ __ ] five kids. I I raised my children to be good. >> Can you go ahead and search her? Like search her search her? >> You won't find anything. >> Okay. >> Okay, that's fine. We still have to do it, okay? >> It's fine. >> It's It's routine stuff, okay? >> You can search me all you want. >> Be careful you don't face your car. >> Okay. Okay. Careful. Careful. I don't have nothing on me. >> Okay. I just >> I don't respect law. Where is my wallet? >> Okay. Listen. I just want you to know if you take anything into the jail, it is a >> I don't have nothing in there. >> Okay. I'm just I'm telling you. >> I'm not going to try to hide my bra. >> Anything. I've seen I've seen It's okay. I've seen women do crazy with certain things and take it into the jail and then care of them. >> Make me go. >> Okay. Hold on. Let me make sure there's nothing back here. >> It's fine. I don't I don't have nothing. >> Okay. I'm telling Did you hear what I just said? Give me a second. >> Something wrong with her. >> Are you guys really kidding me? >> No, I'm not. >> The cops got her. You guys kidding me? >> Yeah, you guys almost you guys almost crashed. >> We were fine, brother. >> You guys You guys almost You guys You guys You guys crashed into the curb, man. I'm sorry. That's >> on. >> All right. She was fine. Here's your license. You're going to have to find a a way to get back home, okay? >> I'll find I'll make it home. >> All right. >> You want to start walking? >> Can I talk for 1 second? >> Anything No. Is there anything personal in the vehicle that that you want me to take out for you real quick? >> I don't think so. But can I talk to my wife >> No. >> You guys can't let me talk to my wife? >> No. All right. >> All right, guys. Have a great night. >> All right. Have a great rest of your night. Thank you. >> Thanks for being in Florida. We love Florida. We love Florida. >> You can keep walking. You can keep walking. Let's go. >> Well, don't drink and drive. How about that? I agree with you. You're right. I agree with you. >> Okay. There you go. >> Good good. All right, guys. >> What? >> I can Does he need me to do the toll or he could take her. If you want, take her and I'll do the toll. I'll do the toll. If you guys Oh, she's in your car? >> Yeah, I'm taking her to the station. >> Oh. I thought that was Parker's car. >> Oh, I need I need her Can you hand me her deal? He has it. >> Does she want her purse? >> Hey, do you want like a purse or something from the car? >> No, I don't want nothing. >> You don't want your cell phone or anything? >> Am I allowed to have that? >> I'm asking you. There's certain things you could take with you. >> I would like that, my purse and my cell phone. >> Purse and cell phone? Yeah, okay. Purse and cell phone, Erica. Purse and cell phone. Hey, Erica. Listen, all that makeup and all that stuff she can't take to the jail and all that stuff. Cell phone and just wallet, that's fine. All right? Just go through all of that stuff. I'm going to start heading to the station, okay? >> The lead officer receives a B. Welfare check, documents, witness corroboration, occupant separation, witness car observation, and anti-property delivered refusal advisement. No excessive force. A female officer was requested for the pre-transport search. The deduction is specific. On-camera articulation of why this person was believed to be armed. Minnesota versus Dickerson requires that reasoning to be stated. Skipping it creates a suppression argument the officer had no reason to leave open. Officer J.C. receives a B plus. Delivering a formal advisement while a passenger audibly coaches suspect requires composure. J.C. read it accurately, correctly clarified it was not Miranda rights, and kept the scene from escalating. The driver receives a B- minus. Full cooperation with the frisk and pre-transport search, no resistance, and his speech about during all likely helped secure the diversion. The deduction is the field sobriety refusal, which eliminated the one opportunity to establish sobriety on the record. The passenger receives a C- plus. Advising silence is not wrong, but coaching his wife out loud while officers read a formal advisement produced no legal benefit and disrupted the scene. His own quiet silence would have achieved more. Five practical lessons emerge from this footage. Each one arose directly from a choice made at the roadside, and each carries documented legal consequences. First, impairment does not section 316.193 is satisfied driving behavior, physical observation, and voluntary admissions. A DUI arrest does not need a breathalyzer reading to be legally sound. Second, a traffic stop and a weapons frisk are two separate legal events. Mimms and Wilson authorize the exit order. Minnesota versus Dickerson demands a separate documented reason to frisk. One does not automatically authorize the other. Third, refusing field sobriety exercises is legal under section 316.1932, but State versus Bender ensures that refusal reaches the jury as evidence of consciousness of guilt. A protected decision with a documented cost. Fourth, saying lawyer at a roadside DUI stop does not suspend the investigation. Berkemer versus McCarty 1984 is explicit. The Sixth Amendment right to counsel becomes operative at formal arrest and booking, not during a non-custodial field investigation. Fifth, undocumented body cam actions are legally exposed actions. Is not protected by intent. Judges evaluate what was recorded, not what was meant. Skipping the verbal justification step creates an evidentiary gap that serves only the defense. DUI law in Florida balances public and because constitutional rights. When either side operates without understanding those boundaries, the result is avoidable exposure. Officers leave evidentiary gaps. Suspects forfeit protections they actually held. 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